When Can I Sue For Pain and Suffering??


The real question is should I choose Full Tort or Limited Tort as an option on my car insurance in PA.   First let’s look at what Tort is (BTW, it’s not Tork, as some call it).  Tort is a legal term meaning “civil wrong doing”.  The word Tort comes from the French word meaning to ‘wrong’. 

In Pennsylvania, you have the right to choose Full Tort or Limited Tort as a coverage option on your car insurance.  Full Tort allows you to sue for pain and suffering (also known as non-economic loss) if you are a victim of a claim involving your auto insurance.  You are in the driver’s seat here. If you will have headaches the rest of your life because of the accident, you can sue for your pain and your suffering.   

Limited Tort restricts you from suing the other party for pain and suffering.  Because it is called Limited Tort and not Eliminated Tort you do have some rights.  You’re allowed to sue for pain and suffering if any one of the following occur:

        A) You were on a motorcycle when you were hurt.

        B) The other driver is from another state.  

    C) You sustain serious disabling injuries.  Now this issue of what is serious and disabling can be very subjective.  You are leaving this up to the   opinion of a judge.

        D) You were a passenger on a bus, truck, taxi or other commercial vehicle.

        E) The driver that hits you is impaired.

        F) You are a pedestrian.

So, bottom line …  Full Tort costs you more in premium but could save you thousands in the event of a claim.  Limited Tort is cheaper.

If you want to see the difference in premium in order to make an informed decision, please give our office a call at 724-453-1122.

                                                                                                                                                                Joe Griffin, Griffin Insurance.

Posted 5:31 PM

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