Q: What is the difference between Limited Tort and Full Tort in Pennsylvania Auto Law?
Pennsylvania law allows for auto insurance companies to offer drivers two options for car insurance, limited tort (with a lower premium, and limited coverage) or full tort (with higher premiums, but without restrictions on recovery). The main difference is that if you waive your full tort rights and option for limited tort coverage, if you are hit by another driver, and they are at fault for the accident, you are limited to filing suit against the party for your medical costs, your lost wages, and your property damage, but not for pain and suffering. With full tort, you are fully covered, and we can help you recover against the other driver for your pain and suffering in addition to your medical costs, property damage, and lost wages.
Q: What are the exceptions to limited tort coverage that may allow me to recover for pain and suffering against a driver who hit me?
Even if you have selected the limited tort option on your auto insurance policy, we may be able to help you recover for pain and suffering. The law allows for several exceptions to this clause, including if you are hit by an out of state driver, if you are hit by a commercial or work vehicle, if your injuries are considered severe, if you were a pedestrian or cyclist struck by a vehicle, or if you were hit by someone driving under the influence.
Q: I was in a car accident, what should I do?
First, call the police and, if you or anyone involved suffered injuries, emergency services. Next, if you are able, take photos of both vehicles. Then, try to get the vehicles out of the main line of traffic if you are able, and exchange insurance information. When the police arrive, fill out a police report, and seek any medical treatment you need. Then, contact an attorney to discuss the details of your accident and whether or not you may have a claim against the other driver for their negligence.
Q: Should I give a recorded statement to an insurance company adjuster?
It is often better to allow your attorneys to communicate directly with the insurance companies on your behalf, and answer questions asked in writing. Keep in mind that anytime you speak with a representative at your insurance company, or a third party’s insurance company, the call is likely being recorded, and in the state of Pennsylvania, entities are required to notify you that the call is being recorded.