There are various types of insurance options available to drivers in Pennsylvania. Not only does Pennsylvania have a “no-fault” insurance system in place, but drivers can also choose between full and limited tort coverage options. When discussing car insurance cases in Pennsylvania, we need to fully define the difference between “limited tort” versus “full tort” claims.
What does full tort mean?
Full tort insurance means that an injury victim has the right to sue for any damages in the aftermath of an accident in which they were not at-fault for. This includes the right to sue for recovery of medical bills, lost wages, as well as pain and suffering damages.
What is a limited tort?
Limited tort insurance is also available for drivers in Pennsylvania. If a driver has chosen a limited tort policy, then this driver will be able to recover a limited amount of damages from an at-fault party. A driver can recover compensation for unpaid medical bills, property damage, and lost wages in a limited tort system, but they will not be able to sue an at-fault party for pain and suffering damages.
The only way an injury victim can recover pain and suffering damages through a limited tort insurance policy is if they suffer what is considered a “serious injury” as defined in the automotive policy insurance contract. This will typically be defined as an injury that includes significant impairment of a bodily function or permanent disfigurement.
What are the car insurance minimums in Pennsylvania?
Under Pennsylvania law, the following is the minimum required insurance for drivers in Pennsylvania:
- Bodily injury liability coverage: $15,000 per person, $30,000 per accident
- Property damage liability coverage: $5,000
- First party benefits (personal injury protection): $5,000
Drivers in Pennsylvania will make the choice to carry full tort or limited tort when they purchased their insurance coverage. Full tort insurance coverage is generally going to be more expensive than limited tort insurance coverage.
What if you are partially at-fault?
Under Pennsylvania comparative negligence laws, drivers who are partially at fault for an accident can still recover compensation for their damages as long as they were less negligent than the other party. The law in Pennsylvania says that as long as you are less than 51% at fault for the incident, you can still recover compensation for your losses. However, the total compensation awarded to an injury victim will be reduced based on their percentage of fault for the incident. For example, if $10,000 in damages are awarded to a victim, but they are deemed to be 20% at fault for the incident, then they will only receive $8,000 in total damages.
Do you need an attorney for your case?
Anytime you or a loved one are involved in an accident that was caused by another person, you need to consider seeking legal assistance as soon as possible. At the Ciccarelli Law Offices, our qualified and experienced Philadelphia car accident attorney has extensive experience helping injury victims recover compensation after they have been injured in an accident. We will conduct a thorough investigation into your case and work to secure any compensation you are entitled to. Our team is not afraid to take on aggressive insurance carriers to secure maximum compensation for your case. You can contact us for a free consultation of your case by clicking here or calling (215) 228-0100.