Car Insurance – What Does it Mean to Have Limited Tort?

In Pennsylvania, drivers have the option of either a full tort or limited tort auto insurance policy. Unfortunately, many people do not even know whether they have full or limited tort, despite the fact that they have to sign a waiver to decline full tort coverage.

A limited tort policy limits your rights to claim compensation for your losses following a car accident. With limited tort coverage, as opposed to full tort, you cannot recover money for your pain and suffering, unless you sustain a “serious injury.” The law defines an injury to be “serious” if it results in death, serious impairment of a bodily injury, or permanent disfigurement.

As anyone who has been involved in a car accident can attest to, many serious injuries are unable to be seen by the naked eye, including injuries sustained to your spine, your neck and back, shoulders, joints and muscles. If an individual selects limited tort, than the insurance companies will battle tooth-and-nail over whether that person’s injuries are “serious,” often regardless of the obvious pain, discomfort, and misery the injuries are causing.

Another important aspect of choosing limited tort is that it applies to any family members that are living with you. So if you choose limited tort, as opposed to full tort, you are not just limiting your own right to recover, but those of your children, spouse and any other family member in your household.

Choosing limited tort still entitles you to recover for your monetary losses, which include your medical bills, lost wages, and property damage and there are exceptions to limited tort you should be aware of. Some of the more common exceptions are: if the accident was caused by a driver who is convicted of driving under the influence of drugs or alcohol; if the accident was caused by a driver driving a vehicle registered out-of-state; or if the accident was caused by a driver who did not have auto insurance.

Ultimately, every individual who carries auto insurance should know what their tort selection is. If you have chosen limited tort, it is important that you ask your insurance agent what the difference in price is of choosing limited tort as opposed to full. Often, the savings are minimal, particularly in light of the long-term effects it may have on you and your family.