What Is Limited Tort Insurance 
Limited tort insurance is an option in Pennsylvania’s no-fault insurance system. In the simplest terms, it means that you can’t sue for pain and suffering unless your injuries meet a specific threshold or meet one of the exceptions outlined by the law. This means that, in most cases, even if you are injured in a car accident, you won’t be able to seek compensation for emotional distress, pain, and suffering. However, limited tort insurance does not mean that you are left without options. There are several key exceptions that allow accident victims to bypass the restrictions imposed by limited tort. Understanding these exceptions is essential if you are trying to determine whether you can pursue pain and suffering damages after an accident in Lancaster. Serious Injury Exception to Limited Tort
Under Pennsylvania law, one of the most significant exceptions to limited tort is the “serious injury” exception. If the injuries you sustained in a car crash are considered serious, then you can claim damages for pain and suffering regardless of whether you have limited tort coverage. A “serious injury” typically includes injuries that result in permanent impairment, disfigurement, or loss of bodily function. This might involve broken bones, traumatic brain injuries, spinal cord injuries, or burns. If your injury falls into one of these categories, you may qualify for compensation beyond what is provided by limited tort, allowing you to seek damages for your pain and suffering.“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!
- Miguel Lopez
Intoxication of the Other Driver
If the driver who caused the crash was under the influence of alcohol or drugs, you may be able to bypass limited tort and seek compensation for pain and suffering. This exception applies regardless of the severity of your injuries and gives you a chance to hold the responsible party accountable for their actions. In cases where intoxication is involved, it is crucial to gather evidence showing the other driver’s impairment. This may include police reports, field sobriety test results, or charges of driving under the influence. If the other driver was intoxicated, your case could qualify for this exception.Uninsured or Underinsured Motorists
Another exception to the limited tort rule occurs when the driver responsible for the accident is uninsured or underinsured. In these situations, you may still be able to pursue damages for pain and suffering, even if you have limited tort coverage. This exception ensures that victims are not left without a remedy simply because the at-fault driver has insufficient insurance. It’s also important to note that if your own policy includes uninsured or underinsured motorist coverage, it may provide additional avenues for recovery. Consulting an attorney can help you navigate these options if you find yourself in this situation.Government Vehicles and Limited Tort
If a government vehicle is involved in your accident, limited tort does not apply. This means that if the crash was caused by a government employee or a vehicle owned by a local, state, or federal government, you can file a claim for pain and suffering, even if you have limited tort insurance.Related Videos
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