Limited Tort vs. Full Tort
Posted By L. Anthony Bompiani, Esquire on Oct 2, 2009 7:37am PDT
Limited Tort Protection, Limited Rights for Drivers
Article provided by Mikus Law Associates, P.C.
In
Pennsylvania, drivers may have a limited tort auto insurance policy or
a full tort auto insurance policy. It is not uncommon for policyholders
to be unsure of which type of policy they have, even though they have
to sign a waiver to decline full tort coverage. WE STRONGLY RECOMMEND
PURCHASING FULL TORT COVERAGE.
In
a limited tort policy, your rights to bring a claim for compensation
for your losses following a car accident may be limited to monetary
losses. If you have limited tort coverage you usually cannot bring a
claim for compensation for your non-monetary losses - such as pain and
suffering - unless the injury is "serious." Pennsylvania law defines a
serious injury as one that "results in death, serious impairment of a
bodily function or permanent serious disfigurement."
The
tort selection (full versus limited) that you make applies to you and
to those members of your family that live with you. When you select
limited tort coverage you are not just restricting your rights, you are
restricting the rights of your spouse and children - even if they do
not have driver's licenses.
Recoverable
monetary losses may include medical bills, lost wages and repair costs
to your vehicle. There are some exceptions to the prohibition from
recovering for pain and suffering if you have limited tort coverage.
One of the most commonly applicable exceptions is if the accident was
caused by an intoxicated driver. Even if you have limited tort coverage
you should still have your potential claim reviewed by a personal injury attorney.
The
law does not define what constitutes a serious impairment of a bodily
function or a permanent serious disfigurement, which can make it
difficult to establish that you have suffered a "serious" injury and,
therefore, difficult to recover compensation for pain and suffering
even if you think your injury is serious.
A
full tort policy does not have these limitations. If you have full tort
coverage you have the right to bring a claim for compensation for all
of your losses - including recovery for pain and suffering with no
artificially imposed limit.
Do Not Waive Your Rights to Full Tort Protection
Since
a limited tort policy impairs your ability to recover compensation for
all of your injuries, why does anyone choose this type of policy?
People usually choose limited tort coverage because they do not fully
understand the scope of the restriction on their rights and because
doing so will reduce their insurance premiums by a marginal amount. As
discussed below, the "savings" from choosing the limited tort option
can usually be achieved by increasing the deductibles on collision
and/or comprehensive coverage on your car. WE BELIEVE THAT, IF PREMIUM
DOLLARS ARE A SUBSTANTIAL ISSUE FOR YOU, YOU AND YOUR FAMILY ARE BETTER
OFF IF THOSE DOLLARS ARE SPENT PROTECTING YOU AND YOUR LOVED ONES THAN
IF THEY ARE SPENT REDUCING THE DEDUCTIBLE ON COVERAGE FOR YOUR CAR.
You
may be inclined to choose the limited tort policy because you have
never been in an accident and don't believe you will ever need to
recover non-monetary losses. All it takes is one car accident, however,
to negate the relatively minor savings of a limited tort policy. Those
who have never been in an accident before may not appreciate that even
minor injuries can result in serious pain and suffering.
Saving on Car Insurance with Full Tort Protection
There
are other ways to save on your auto insurance premiums without
sacrificing your legal rights and your family's safety. These include:
Choosing
a higher deductible. The deductible is the amount you pay before your
insurance benefits kick-in. Raising your deductible to a higher amount
can reduce the overall cost of your insurance. Just be sure to choose
an amount you still can comfortably pay.
Combine
insurance coverage. Insurance companies offer a discount if you have
more than one policy with them. For example, you could bundle your
homeowner's and auto policies all with the same insurer. You also can
insure more than one car with the same company to get a discount on
your rates.
Seek
out discounts. Insurance companies give a variety of discounts for
things such as having a clean driving record, staying with the same
insurance company and having certain safety features on your car, like
anti-lock brakes, anti-theft features and daytime running lamps.
Discounts may be given for belonging to certain organizations (like
Triple A), having a low-risk occupation and taking a defensive driving
course. Insurers do not always advertise these discounts, so be sure to
ask.
Conclusion
Selecting
limited tort coverage will save a few dollars on insurance premiums at
the expense of a severe restriction of your rights and the rights of
you loved ones. Ask your insurance adjuster about other ways to save
money on your insurance. As a public service, for no charge and with no
obligation, our office is willing to review your insurance coverages
with you to make sure that you understand the coverages you have and
the options that are available to you.
Attorney L. Anthony Bompiani handles a variety of auto accident claims. Contact him at (724) 925-9600 for help.