We recently wrote about the
importance of carrying the full tort option on your car insurance policy. However, even if you carry the limited tort
option, there may be legal options available to you.
There are a number of exceptions to limited tort that, when applicable
to your case, may entitle you to compensation for pain and suffering.
Below are some of the most common exceptions to limited tort:
Out of State Vehicle
If the person who is at fault for an accident was driving a vehicle registered
in any state other than Pennsylvania, such as New Jersey or Maryland,
you may qualify to receive compensation for pain and suffering. This exception
does not apply, however, if your accident occurred
in New Jersey.
DUI and ARD (Accelerated Rehabilitative Disposition)
If the person who is at fault for an accident is convicted of driving under
the influence of alcohol or a controlled substance, or accepts ARD for
driving under the influence of alcohol or a controlled substance in that
accident, the injured party may be able to receive compensation for pain
Occupant of a Non-Private Passenger Motor Vehicle
If you were an occupant of a non-private passenger motor vehicle when the
accident occurred, you may be entitled to receive compensation for pain
and suffering. This exception depends on how the vehicle is registered.
An experienced personal injury attorney can investigate whether the vehicle
is registered to a corporation, such as a rental vehicle or work truck.
Not a Named Insured or Insured Under Any Car Insurance Policy
In Pennsylvania, you are an “insured” under any car insurance
policy a relative has if you live with that relative. For example, you
are an insured under your brother or sister’s car insurance policy
if you reside with them. In such a case, your brother or sister’s
tort option may be attributed to you. You are a “named insured”
when you are designated as such on the car insurance policy. Basically,
you are a named insured when it’s your own car insurance policy.
Although not an official "exception" to limited tort, in Pennsylvania,
if you are neither a named insured or an insured under any car insurance
policy, you may be able to receive compensation for pain and suffering.
Pennsylvania auto laws can be confusing, and even a seemingly straightforward
accident case may present complicated issues when it comes to insurance
coverage. Our personal injury attorneys have years of experience handling
motor vehicle claims. We can analyze your case and help you maximize all
you are entitled to receive under the law.
Contact Metzger Wickersham for a free evaluation of your injury case today.
The above information is just a sampling of scenarios that may or may not
apply to your case. Every case is different, and you should consult directly
with an attorney for legal advice.