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Limited Tort vs. Full Tort
What is
a tort, and why would I limit it?
As you decide which liability coverage you want under your auto
policy, you will be asked whether you want to elect “limited tort” or
“full tort.” This is intended to explain what those terms mean in plain
English, and the implications of choosing one.
The choices:
-
Limited Tort:
Limits your right to sue for pain and suffering, except in
the cases of serious injury. This “limited-tort” option qualifies
you for a reduction in your premium.
-
Full Tort:
Does not limit your right to sue. This “full-tort” option is not
eligible for a reduced premium.
Frequently Asked Questions:
If I choose
the “limited-tort” option, what am I giving up?
You are giving up the right to sue for non-economic damages, more
commonly known as “pain and suffering,” except in the case of serious
injury. The law defines serious injury as death, serious impairment of
body function or permanent, serious disfigurement. If your injury is
determined to be serious, you will keep your right to sue for
non-economic damages even if you elected limited tort.
This selection will be effective whether you are going after the
responsible driver’s insurance company or if you are filing the claim
with your own, under an uninsured or underinsured motorist claim.
Apart from
serious injury, are there any other exceptions if I choose limited
tort?
Even if you have elected limited tort, you can still sue for pain
and suffering under certain circumstances. Common examples are when the
responsible driver is convicted of or accepts Accelerated Rehabilitative
Disposition for driving under the influence of alcohol or a controlled
substance, or if the responsible driver’s vehicle is registered in
another state.
If I choose
limited tort, can I still sue for my economic damages, such as unpaid
medical bills, unreimbursed lost wages or other out-of-pocket expenses?
Yes. You can still sue to recover these damages.
If I choose
limited tort, can I still be sued by someone else?
Yes.Your selection of limited tort applies to your ability to sue
others under your policy. Should you be at fault in an accident, the
injured parties can seek recovery from you for any economic damages.
Their ability to sue you for non-economic damages is determined by
whether they elected the limited tort or full tort on their own policy.
What do I get
in return for choosing limited tort?
You could receive a reduction in premium for choosing limited tort.
Beginning in 2004, you could receive up to a 40 percent reduction in
premium for bodily injury, first-party benefits and uninsured and
underinsured motorist coverage.
Do these
savings apply to other parts of my auto coverage?
No. The premium for other coverage under your personal automobile
policy such as comprehensive and collision are not affected by your tort
selection.
How do I know
what I should do?
Making such a personal decision about your options is
yours—and yours alone under the law. As your professional independent
agent, Bevan Walley Shepard can help explain these tort options and your
policy coverage choices. Our agency’s job is to help provide you with
information on these choices so that you can make informed decisions.
Reprinted
with permission from the Insurance Agents & Brokers of PA, MD and DE.
This information is intended to help consumers understand tort choices
under Pennsylvania’s Motor Vehicle Financial Responsibility Law and is
not a substitute for your responsibility to make your own choices under
the law. |
