Pennsylvania has one of the most unique types of car insurance systems in the United States. The type of insurance claim you file depends on the type of insurance that you purchased when you obtained car insurance in the state. Many car accident victims in Pennsylvania don’t know which type of insurance they have or its potential limitations until it comes time to file a personal injury claim. An experienced car accident attorney can review your insurance policy and explain your legal options.
Pennsylvania’s Auto Insurance System Explained
Pennsylvania motorists have two general options for car insurance in Pennsylvania: limited tort and full tort insurance. Full tort insurance allows accident victims to sue for all damages, including their non-economic damages, such as pain and suffering and mental anguish. Limited tort might restrict the ability to recover compensation for non-economic damages, but exceptions can apply. Your tort election directly impacts the compensation you can recover in a personal injury lawsuit.
Basics of PA Limited Tort Insurance
Limited tort insurance generally limits your ability to recover non-economic damages after a car accident unless you sustain a serious injury or an exception exists. However, your ability to recover compensation for your economic damages remains intact, so you can still pursue compensation for:
- Medical costs for emergency treatment and ongoing medical care
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Automobile repair costs
You may be able to pursue compensation for your non-economic damages, including your physical pain and suffering, only under limited circumstances:
Serious Injury Threshold
The first way you might be able to pursue compensation for your non-economic damages despite your limited tort election is if you suffer a serious injury as defined by Pennsylvania law, which includes a personal injury resulting in death, serious impairment of bodily function, or permanent serious disfigurement.
Under this definition, various types of injuries suffered in a motor vehicle accident could meet this threshold, including:
- Traumatic brain injuries
- Spinal cord injuries, including paralysis or a herniated disc
- Loss of a limb
- Nerve damage
- Broken bones
- Internal organ injuries
- Second or third-degree burns
- Severe lacerations that cause exposed tissue, muscle, or bone or lead to excessive blood loss
Courts consider various factors when determining whether an injury meets the serious injury definition, including:
- The extent of the victim’s impairment
- The specific body function that was impaired
- How long the impairment lasted
- The type of medical treatment that was required to correct the impairment
Pennsylvania courts have held that it is not only the injury that matters but rather on how the injuries affected a particular body function. Medical evidence and testimony from a medical expert may be necessary to prove a serious injury.
A personal injury attorney can request your medical records, work with your medical providers, and handle communications with insurance companies to demonstrate when accident injury victims suffer serious injuries.
Limited Tort Exceptions
The other way that you can recover compensation for your non-economic damages and step outside the limited tort restrictions is to show that the limited tort rule does not apply to your particular case. For example, limited tort restrictions do not apply when the automobile accident is due to a design, manufacturing, or warning defect and you have a product liability claim, a claim against a mechanic or dealership for negligent repairs or servicing, or you were injured in a vehicle other than a private passenger motor vehicle.
Other exceptions to the restrictions that apply to limited tort insurance that are recognized by Pennsylvania’s laws include when automobile accidents are caused by:
- A drunk driver who is convicted or accepts Accelerated Rehabilitative Disposition for driving under the influence of alcohol or drugs
- A driver who is operating a motor vehicle registered in another state
- A driver who intended to injure themselves or another person
- An uninsured driver
The main reason why people choose limited tort coverage is that insurance premiums for this product tend to be significantly lower than the costs for full tort insurance. Full tort insurance may cost about 15% more than limited tort. However, limited tort insurance can be too restrictive and may not fully compensate you for the real value of your losses.
Basics of PA Full Tort Insurance
Full tort insurance gives car accident victims an unrestricted right to seek compensation for the full extent of their injuries from the at-fault driver. Therefore, you can sue an at-fault driver for medical expenses, lost income, property damage, pain and suffering, mental anguish, and the long-term impact of the injuries on your life.
The major drawback of full tort insurance is the increased monthly premium. However, many car accident victims find that the premium savings afforded by limited tort insurance are not worth the potential loss of pain and suffering damages after a single accident.
It is important to note that full tort insurance is the default type of insurance; you must request limited tort insurance. If you didn’t explicitly ask for that type of insurance, you might have full tort and not have to worry about the restrictions on recovering pain and suffering damages.
Example of Full Tort vs Limited Tort Insurance Claim
Here is an example of how your claim might work out if you had limited tort insurance instead of full tort insurance. Imagine that you are in a car crash, and you suffer a back injury. For the purposes of this example, let’s assume that the injury is not considered a serious injury under Pennsylvania law and no exception for limited tort applies. Under either form of insurance, you can recover compensation for your medical costs, lost wages you incurred while away from work due to your injuries, and car repairs.
However, if you have limited tort insurance, you cannot recover compensation for your pain and suffering. So, even if you are in excruciating pain, you get nothing for it. You just have to suffer. And, if you’re scared every time that you get in a vehicle or you are unable to drive, you get no consideration for your mental anguish.
However, if you have full tort insurance, you could sue for your physical and emotional pain and suffering, as well as other forms of non-economic damages that recognize the decline of your enjoyment of life.
You can see that with full tort insurance, you can recover compensation for less tangible damages. This could represent a significant portion of your recovery, as many insurance companies apply a factor that is multiplied to your economic damages to quantify your non-economic damages. Not being able to sue for these damages could leave a lot of money on the table you would otherwise be able to recover if you had elected for full tort insurance.
Which Type of Insurance Should I Get?
The right type of insurance for you depends on your particular situation. Full tort insurance provides no limitations on your ability to recover compensation for your pain and suffering and other non-economic damages in the event of a crash. However, it is often more expensive than limited tort insurance. Many people have to balance their preferences with their budget.
How Do I Know Which Type of Tort Insurance I Have?
Remember that full tort insurance is the default option. If you didn’t specifically request it or the “cheapest” option, you may have full tort coverage.
If you’re uncertain of which type of auto insurance you purchased, you can look under your insurance declaration page. It should be under a section called “Tort Option” and should state whether you selected full tort or limited tort. You can also ask your insurance agent to confirm your coverage.
An experienced car accident lawyer from Cousin Benny Personal Injury can review your insurance policy if you are uncertain of your coverage.
Can I Switch to Full Tort Insurance?
If you initially purchased limited tort insurance but now you want to switch to full tort insurance, you may be able to make the change by selecting this option during a policy renewal or by purchasing a new insurance policy. Any changes do not apply retroactively, so it’s too late to switch insurance if you’ve already been involved in an auto accident.
Additional Types of Insurance That Might Help
If you have limited tort insurance or you are in the market for purchasing insurance, here are some other forms of insurance that may apply if you are involved in an automobile accident:
Uninsured Motorist Coverage
Uninsured motorist (UM) coverage protects you if you are injured in an accident caused by someone who does not have any insurance or if you are the victim of a hit and run. When you use your uninsured motorist coverage, you file a claim with your own insurance company for benefits.
Uninsured motorist coverage automatically applies to insurance policies purchased in Pennsylvania. However, you have the legal right to waive this coverage if you want to. If you didn’t waive this insurance option in writing, you should have it.
Underinsured Motorist Coverage
Underinsured motorist (UIM) coverage protects you if you are involved in an accident and your damages exceed the amount of the at-fault driver’s liability insurance coverage. In this situation, the responsible party has purchased at least the state-mandated minimum, but you suffered damages that exceed this amount.
For example, if the at-fault driver only had the minimum $15,000 in coverage and you suffered $30,000 in damages, uninsured motorist coverage could help fill in the gap, up to your policy limits.
Stacking Insurance
Pennsylvania insurance laws allow you to “stack” your automobile insurance coverage if you elect this option, allowing you to add together the insurance on each vehicle you own. So, for example, if you maintained the minimum insurance and had two vehicles, the coverage would be double, so instead of only $15,000/$30,000 for bodily injury per person/accident, you would have $30,000/$60,000 in coverage. Your car accident lawyer can investigate if the at-fault driver had stacked insurance that you can tap into.
Income Loss Protection Insurance
Income loss protection insurance helps pay for a portion of your lost wages you incurred because of the accident. This is usually 80% of your gross income after the first five days of missed work, up to your policy limits and subject to a maximum per month. This is optional insurance, and the lowest amount that you can purchase in Pennsylvania is $5,000.
Contact an Experienced Car Accident Lawyer for Help with Your Case
If you’ve been injured in a car accident that wasn’t your fault, the experienced car accident attorneys at Cousin Benny Personal Injury can help fight for the full and fair compensation that you deserve. We can review your insurance policy and the circumstances surrounding the car crash to identify your legal rights. Contact us today for your free consultation.