Q. What Are The Exceptions To Limited Tort In A Pennsylvania Car Accident?
A. Clients often ask what they can recover for personal injuries in a car accident if they are bound by the Limited Tort threshold in Pennsylvania. This is a complex question as every fact pattern is different. Sometimes, a client believes that he or she is bound by the Limited Tort threshold when in fact the client qualifies for Full Tort status. That is why you should call the auto accident lawyers at Geoffrey B. Gompers & Associates for a free consultation. We have over thirty years of litigation experience in dealing with car accident cases.
The Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”) requires (Section 1705) that every insurance company doing business in Pennsylvania offer customers the opportunity to elect for Full Tort or Limited Tort coverage. While Full Tort coverage costs a little more, it is worth it. Under Full Tort coverage, where liability is clear, an accident victim is guaranteed the right to seek both economic (i.e., wage loss and unpaid medicals) and non-economic (i.e., paid and suffering) damages. Under Limited Tort coverage, only economic damages are permitted unless an exception applies. The exceptions are listed at 75 Pa. C.S. § 1705(d)(1) which provides Full Tort rights even where the injured party would normally be bound by Limited Tort coverage. These exceptions include:
- When the negligent driver is convicted of drunk driving or enters into an ARD program for driving under the influence;
- When the other driver’s car is registered in another state;
- When the other driver intentionally causes the accident;
- When the other driver is required by the law to have automobile coverage and doesn’t.
Even if these exceptions don’t apply, you might still be entitled to pain and suffering damages where your injuries are serious, or where there is a defect in the waiver provided to you by your insurance carrier at the time that you purchased insurance.
To be certain, the auto accident lawyers at Geoffrey B. Gompers & Associates recommend that you purchase Full Tort coverage. But even where you didn’t, our lawyers have had excellent results in obtaining Full Tort coverage in car accident cases where others have felt that the claims were limited by the MVFRL to economic recoveries only. Therefore, it still makes sense to call us for a free consult.
Geoffrey B. Gompers & Associates: Philadelphia Auto Accident Lawyers Who Understand the Law & Make It Work for You
Geoffrey B. Gompers & Associates’ automobile accident attorneys in Philadelphia focus their practice on motor vehicle accident lawsuits including car, truck, bus, train or pedestrian accident cases. We are available 24 hours a day/7 days a week. We will work diligently to maximize your recovery for your personal injuries. The attorneys of Geoffrey B. Gompers & Associates represent car accident victims in all communities in the Philadelphia region, including Bucks County, Montgomery County, Chester County and Delaware County. If you or a loved one has been injured in an automobile accident, call our office today at 215-567-6600 or contact us online to schedule a free consultation.