How come I cannot get compensated for pain and suffering? What is full tort vs limited tort coverage?

I live in Pennsylvania and I was injured in a car accident a few months ago.I suffered 2 broken legs and a broken jaw.  It was the other driver’s fault. I’m bringing a personal injury lawsuit against them, but they are saying that I can’t recover for pain and suffering because I have limited tort coverage, not full tort coverage. I don’t fully understand the difference between full tort vs limited tort coverage and I don’t know why I wouldn’t be able to get pain and suffering from the other party because of my limited insurance coverage.

Answers (1)

In some states, such as Pennsylvania, when you purchase insurance you have to elect tort coverage. This decision, of full tort vs limited tort, is important because it impacts your ability to recover non-economic damages from an at-fault party in a car accident. Generally, the rule is that if you do not purchase full tort coverage, you may not sue the other party for pain and injury or other non-economic damages unless you suffered a serious injury, or the other driver was drunk, hurt you intentionally, was uninsured, or was driving a car registered in a state other than Pennsylvania. Serious injury is defined as “personal injury resulting in death, serious impairment of body function, or a permanent serious disfigurement.” If the courts do not consider your injury a serious injury and none of the other exceptions apply, you are limited to suing for economic damages not covered by your insurance, such as lost wages and medical bills. You should speak with an experienced personal injury lawyer who can help you determine whether your injury will be considered a serious injury in court.

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