Month: May 2017

 

In an earlier post, I discussed how generally those motorists subject to limited tort may only recover for pain and suffering and other non monetary damages when they have sustained serious injury. However, there are exceptions to the general rule. Persons subject to limited tort may recover such damages in the following cases:

• Whenever the person at fault is convicted of or has accepted ARD for DUI.
• Whenever the person at fault was operating a vehicle registered in another state.
• Whenever the person at fault intended to injure himself or another person.
• Whenever the person at fault has failed to maintain the legally required auto insurance coverage.
• Claims against persons in the business of manufacturing, designing, repairing, maintaining or servicing vehicles when the injury arises out of a vehicle defect caused by an act or omission of that business.<
• If the person injured was injured while the occupant of a vehicle other than a private passenger vehicle.

Of course,  a judgment against someone, no matter how large, is of little value to you, if you can’t collect the judgment. That’s why you should give serious consideration to the level of uninsured and underinsured motorist coverage you should obtain, a subject to be covered in a later post.
If you have further questions, please call me at 814-283-5788

 

The Pennsylvania Motor Vehicle Financial Responsibility Law requires auto insurance companies in Pennsylvania to offer their customers the choice between full tort insurance and limited tort insurance. What’s the difference? Full tort will cost you more but in the event you are injured in a motor vehicle accident you will be permitted to seek full compensation for your injuries from another motorist who was at fault, including pain and suffering damages and other non-monetary damages, regardless of the severity of your injuries. Limited tort will cost you less but you will be permitted to recover pain and suffering damages and other non-monetary damages only if your injuries meet the definition of serious injury (with exceptions to be explored in later posts).  In either the case of full tort or limited tort you may seek compensation for medical expenses and other out-of-pocket expenses. Future posts will address the issue of what have been considered serious injuries by Pennsylvania Courts. In the meantime, if you have any questions concerning these issues, please contact me.
Election of Tort Options – PA Statute