What Are the Exceptions to Limited Tort in PA?

If you have been involved in an accident and have limited tort coverage insurance, you may wonder: Can you sue with limited tort in PA? State law provides seven instances where injured drivers can sue for pain and suffering damages for their losses. A Pennsylvania car accident lawyer from Munley Law can provide clarity, direction, and representation when you find yourself in this situation.

What Constitutes Limited Tort Coverage in Pennsylvania and Its Applicable Exceptions

Drivers in Pennsylvania have two options when securing insurance, and this choice impacts what they can recover after an accident. As a choice no-fault state, individuals can choose from limited tort vs. full tort coverage. Limited tort prohibits drivers from pursuing pain and suffering compensation from the other driver, while full tort allows full recovery of damages.

While individuals with limited tort insurance may pay lower premiums, they may also lose compensation in the event of an injury, unless an exception applies. These situations are often severe enough to warrant more compensation due to considerable pain and suffering. Limited tort exceptions in PA include serious injury, drunk driving accidents, intentional harm, uninsured motorists, commercial vehicle accidents, collisions with out-of-state vehicles, and mechanical defects.

This page takes a closer look at each exception that applies to limited tort in Pennsylvania.

Serious Injuries

Serious or catastrophic injuries often result in extensive physical and emotional suffering. To qualify for an exception to limited tort, you must have sustained an irreparable injury, disfigurement, loss of limb, or other injury that prevents you from working. These types of injuries can disrupt multiple areas of your life and require extensive care and management of both the injury and the alterations to your life. Full tort coverage in these situations can better provide for your recovery needs.

Drunk Driving Accidents

If a drunk driver hits you, you may be able to receive full tort coverage for the harm they caused you. However, they must be convicted of a DUI or elect to enter into an Accelerated Rehabilitative Disposition program for this exception to apply. This exception also applies when the driver who injured you was under the influence of a controlled substance. The full tort exception is designed to make up for the harm caused by an unsafe driver.

Desire to Cause Intentional Injury

You may be entitled to a limited tort exception if you are hit and injured by another driver who intended to cause harm. However, the other driver must intend to cause harm, rather than just causing damage or creating the conditions for a collision to be a valid reason. This intention can be directed at drivers in other vehicles, motorcyclists, or pedestrians. Demonstrating this exception may be an intricate process that requires several considerations.

Uninsured Drivers

If a collision involves an uninsured motorist, then you may be able to recover pain and suffering for your injuries since they are obligated to maintain financial responsibility for the vehicle. In these cases, your uninsured/underinsured motorist (UI/UIM) coverage on your insurance policy will likely cover your losses. You may also have the option to pursue compensation for your suffering directly from the at-fault party instead. In these situations, you should consult a lawyer first about how to proceed.

Occupant of an Accident Involving a Commercial Vehicle

An exception to limited tort may apply when you have been in an accident involving a commercial vehicle. This may include a bus, taxi, or other applicable commercial vehicle. In these situations, you receive full tort coverage as an occupant of the vehicle. Since you are not responsible for the accident, you have the right to recover the full scope of your losses because of another driver’s negligence.

Accidents With Out-of-State Vehicles

If you get in an accident with a vehicle that is registered out of state, you will likely be able to receive full tort coverage for the accident. Vehicles registered in other states are more likely to have at-fault insurance coverage that will cover both your economic and non-economic damages after a collision. It is essential to exchange information with the other driver involved in the accident since you will be dealing with an interstate claim process to recover compensation.

Vehicle Defects

Mechanical defects in vehicle parts or products can contribute to accidents and injuries. When these items fail, occupants can be seriously injured and may be eligible for full compensation for their injuries. Responsible parties can be liable for design, production, servicing, or repairing the vehicle in question. These parties are responsible for making sure that vehicles are safe, so you are allowed to pursue compensation from them for the pain and suffering that resulted from their negligence.

Establishing Pain and Suffering in Limited Tort Exceptions PA

If you are eligible for one of these PA limited tort exceptions, you will need to know how to establish pain and suffering in your case. This begins by understanding that the claim for pain and suffering constitutes physical or emotional trauma that reduces your quality of life or relationships in the short or long term. Severe injuries will generally result in greater suffering. Because these conditions are subjective and less tangible, you will need considerable evidence to prove their existence.

Because pain and suffering can be both physical and emotional, you can use several types of evidence in your case. Medical records, witness and expert testimonies, photos and videos, police reports, and more can show the extent and severity of your physical pain and suffering. Journals, statements from friends and family, and assessments by mental health professionals can demonstrate your emotional suffering.

When you sue for pain and suffering for a qualifying limited tort exception, a lawyer can assist you throughout the process. They can confirm your eligibility, help you gather evidence, and communicate your suffering on your behalf. Consult them before acting to increase your chances of the most favorable outcome and reduce pushback from the insurance company.

Methods Used to Calculate Pain and Suffering in Your Case

Once you have provided evidence of your exception to limited tort, you may be able to move forward with recovering compensation for these losses. You should work with a lawyer to determine the value of your pain and suffering and calculate the amount of compensation you may be entitled to recover in your situation. Every case is different and involves different losses — as such, a lawyer will create a thorough inventory of your non-economic losses so nothing is left out.

Pain and suffering are often complicated to determine because of their intangibility. Providing evidence can also pose a challenge, as these losses do not have a concrete numerical value, unlike monetary losses. For that reason, pain and suffering are often calculated using either one or two formulas specific to non-economic losses. Your lawyer will determine which formula to use and then negotiate a fair settlement on your behalf. The two formulas are examined below in more detail.

Multiplier Method

The multiplier method is a common formula used when determining the value of pain and suffering. An individual’s suffering is often rated on a scale from 1.5 to 5, with 5 being the most severe. This number is then multiplied by the value of your economic damages to determine how much you may be able to recover. For example, if your financial losses are worth $150,000 and your suffering is ranked as a 3, then you would recover $450,000 for your pain and suffering alone.

Per Diem Method

With the per diem method, your pain and suffering is assigned a daily rate and then multiplied by the number of days your suffering lasts. The resulting number is the value of your pain and suffering. For longer-term injuries, you may reach a maximum threshold where you are not expected to recover any further. In these situations, a medical professional will provide clarity on this point based on the specifics of your conditions and circumstances.

Statute Of Limitations for Limited Tort Exception Claims in Pennsylvania

When you decide to pursue a claim under one of the exceptions to limited tort in PA, it’s important to be aware of the time restrictions applied to these cases. Like other personal injury cases, you must still adhere to the 2-year statute of limitations Pennsylvania imposes on these types of claims. If you wait too long, you could risk compensation and have to bear the costs of your losses on your own. Time limitations exist to make sure cases are resolved in a timely fashion and that evidence is still viable in a case. Speak with a lawyer as soon as possible to start your claim.

Pennsylvania Law and Legal Representation Provides Guidance Regarding Limited Tort Exceptions

Pennsylvania is one of three states that use a choice no-fault insurance system. While these options have their pros and cons, they can also make it difficult to decide what type of coverage to choose. It can also make the claim process more complicated if you have limited tort coverage. Before you file a claim, you must take the extra step to determine if you are eligible for one of the exceptions discussed above.

Pennsylvania outlines the scope of each coverage option and the eligible exceptions for limited tort claims in Pennsylvania Statute § 1705(d). This is a great source to use to get an initial idea of your options, but talking with a lawyer provides the most thorough assessment of how to move forward. They will determine if you meet the criteria for the exception you are seeking, so you can recover extra compensation for what you are going through.

Skilled lawyers are adept at optimizing your case so you don’t leave any compensation behind that can help you recover and secure the resources you need. They also know that limited tort exceptions can be confusing. Legal representation can provide you with clarity, valuable guidance, and strong advocacy. Experienced negotiators can communicate with the insurance company to make sure they do not avoid paying you. Securing a fair settlement is your lawyer’s top priority.

Talk to Munley Law About Your Limited Tort Case Today

Car accidents are overwhelming, and Munley Law knows you want to be able to recover as much as possible to cover your losses. If you qualify for one of the exceptions above, we can discuss your options, determine how to proceed, and negotiate on your behalf so you can recover the maximum amount. To learn more about our team and how we can serve you, contact us today to schedule a free consultation and take the first step toward recovery.