When Is Limited Tort Not Limited?


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