Overcoming the “limited tort” trap to recover pain and suffering typically requires proving that your injuries meet one of the specific legal exceptions outlined in Pennsylvania law, such as sustaining a serious impairment of a bodily function or being hit by a drunk driver.
Many Scranton drivers choose the limited tort option to save on their monthly premiums, only to later realize it restricts their ability to sue for non-economic damages after a crash.
This creates a difficult situation where an injured person can recover medical bills but is barred from seeking compensation for the pain, emotional distress, and loss of enjoyment of life caused by the accident.
However, limited tort is not an absolute dead end. A Scranton auto accident lawyer can analyze the specific facts of your crash to determine if you qualify for an exception that pierces the limited tort threshold, opening the door to a full financial recovery.
If you are worried that your insurance selection has jeopardized your ability to be compensated for your pain and suffering, consider reaching out to The Slocum Firm, P.C., for a free case evaluation to discuss your legal options.
Key Takeaways About Limited Tort vs Full Tort PA
- Piercing the Limited Tort Threshold: While limited tort restricts lawsuits for pain and suffering, Pennsylvania law allows exceptions for victims who suffer a “serious injury,” defined as a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement.
- The Serious Injury Exception: A significant portion of limited tort litigation revolves around the “serious injury exception” under Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) Section 1705, where legal counsel works to prove that an injury has profoundly impacted a client’s daily life.
- Automatic Exceptions to Limited Tort: There are clear-cut scenarios where limited tort restrictions do not apply, such as when the at-fault driver is convicted of DUI, is driving a vehicle registered in another state, or intends to injure himself or another person.
- The Role of Legal Analysis: Determining whether a soft tissue injury or a combination of injuries meets the legal standard for “serious impairment” is complex. An attorney can help gather medical evidence and build a compelling narrative that challenges insurance company limited tort denials.
Understanding the Limited Tort vs Full Tort Pennsylvania Dilemma
When you sign up for car insurance in Pennsylvania, you are presented with a choice: limited tort or full tort. The agent often explains that limited tort is cheaper, and for many budget-conscious drivers in Lackawanna County, the lower premium is the deciding factor.
In exchange for this discount, you agree to limit your right to sue. If you are injured in an accident caused by someone else, you can still recover your economic damages—things with a specific price tag like medical bills and lost wages.
However, you generally give up the right to sue for non-economic damages, commonly known as pain and suffering.
This trade-off seems fine until you are the one in the hospital bed. Suddenly, the inability to seek compensation for the sleepless nights, the chronic pain, and the inability to pick up your children feels like a trap. Insurance adjusters will be quick to remind you of your selection, often using it as a reason to offer a low settlement or deny a claim for pain and suffering entirely.
What is a “Serious Injury” Under Pennsylvania Law?
A “serious injury” is the key to overcoming limited tort restrictions in Pennsylvania. The law defines it as an injury resulting in death, serious impairment of body function, or permanent serious disfigurement.
- Objective criteria: Death and permanent disfigurement are straightforward to identify and typically meet the serious injury threshold without dispute.
- Interpreting “serious impairment of body function”: This category is more subjective and often becomes the focus of legal disputes. Insurance companies may argue that injuries like herniated discs or torn ligaments are minor and do not qualify.
- Impact on daily life: Legal professionals focus on how the injury affects your ability to work, engage in hobbies, or perform everyday tasks. For example, an injury that prevents you from hiking at Nay Aug Park or participating in a local sports league may demonstrate serious impairment.
- Building the case: Attorneys document the functional limitations and the duration of the impairment, using this evidence to argue that the injury meets the serious injury threshold under Pennsylvania MVFRL Section 1705.
By focusing on the real-life impact of your injuries, a lawyer can challenge insurance company denials and build a compelling case for compensation.
The DUI Exception: When the At-Fault Driver Was Drunk
Pennsylvania lawmakers included specific exceptions to the limited tort rule to punish reckless behavior. One of the most powerful exceptions applies when the driver who hit you is convicted of driving under the influence (DUI) or accepts Accelerated Rehabilitative Disposition (ARD) for the offense.
If a drunk driver hits you, your limited tort selection may be waived. With a lawyer’s help, you could automatically regain full tort rights, meaning you can sue for pain and suffering regardless of the severity of your injury.
However, proving this exception requires monitoring the criminal case against the other driver. It isn’t enough to just suspect they were drunk; there must be a conviction or acceptance into a diversionary program.
An attorney can track the criminal proceedings in the Lackawanna County Courthouse or other local jurisdictions to ensure that any potential criminal DUI conviction is presented as strong evidence in your accident injury lawsuit.
The Out-of-State Vehicle Exception
Thousands of vehicles registered in New York, New Jersey, and other states pass through Scranton daily, as the I-81 and the Pennsylvania Turnpike are major corridors for interstate travel. If you are hit by one of these vehicles, you might have a path around the limited tort hurdle.
Under the out-of-state vehicle limited tort exception, if the at-fault driver is operating a vehicle registered in a state other than Pennsylvania, you retain your full tort rights.
This exception acknowledges that the limited tort system is a Pennsylvania-specific contract that shouldn’t necessarily apply when the at-fault party isn’t part of that system.
Identifying the registration of the at-fault vehicle is one of the first steps a lawyer takes. While a police report usually lists this information, verifying the registration status at the time of the crash is essential to confirming that this exception applies to your Scranton limited tort accident claim.
Commercial Vehicles and Other Exceptions
There are other scenarios where the limited tort restrictions fall away. For instance, if you were riding in a commercial vehicle—like a bus, taxi, or a rideshare vehicle—at the time of the accident, the limited tort selection on your personal policy may not apply to your claim against the commercial driver or third parties.
Similarly, if you were a pedestrian or a bicyclist when you were hit, your personal auto insurance selection of limited tort generally does not bar you from seeking pain and suffering damages. The law recognizes that you weren’t “operating” a motor vehicle at the time, so the restriction shouldn’t follow you.
Even intentional acts trigger an exception. If a driver intentionally tries to injure you, for example, in a road rage incident, they cannot hide behind your limited tort selection to avoid paying for your pain and suffering.
An intentional injury limited tort exception changes the legal landscape entirely, often bringing punitive damages into the conversation as well.
Soft Tissue Injuries and the Limited Tort Threshold
Many people believe that “soft tissue injuries,” like whiplash, sprains, and strains, cannot meet the limited tort threshold. Insurance adjusters often reinforce this misconception, suggesting that only broken bones or more visible injuries qualify for pain and suffering claims.
However, Pennsylvania courts have recognized that soft tissue injuries may meet the serious impairment standard, depending on how they affect a person’s daily life.
Consider these examples:
- Work limitations: A severe back sprain that prevents a construction worker from lifting tools for months may demonstrate serious impairment.
- Impact on caregiving: A whiplash injury causing chronic migraines could significantly affect a parent’s ability to care for their children.
- Functional limitations: The focus is often on how the injury disrupts normal activities, rather than the specific type of injury itself.
Building a case for soft tissue injuries often requires detailed medical records, treatment history, and personal accounts of daily challenges, which can help illustrate the injury’s impact.
Legal professionals collaborate with medical providers to highlight not only the pain but also the functional limitations that may qualify as a serious impairment under Pennsylvania law.
FAQs About Challenging Limited Tort Denials and Recovery Options
What should I do if my limited tort claim is denied?
A denial letter from the insurance company is not the final word. It’s often just an opening negotiation tactic. Legal professionals can challenge the denial by presenting evidence, such as medical records or testimony, to demonstrate that your injuries meet the serious injury threshold.
Why is medical evidence so important in limited tort cases?
Medical evidence forms the foundation of any limited tort claim. Consistent treatment and detailed records show the ongoing impact of your injury. Gaps in treatment can weaken your case, as insurers may argue that your injury wasn’t serious. Attorneys often work with medical experts to connect your medical data to the legal standards required for compensation.
Can I recover damages with limited tort insurance?
Limited tort does not bar you from recovering economic damages, such as medical bills and lost wages. The challenge lies in recovering non-economic damages, such as pain and suffering. A lawyer can evaluate your case to determine if an exception applies, potentially increasing the value of your claim significantly.
How does uninsured or underinsured motorist coverage affect limited tort claims?
If the at-fault driver is uninsured or underinsured, your own UM/UIM coverage may apply. However, limited tort restrictions often extend to these claims, meaning you’ll still need to prove a serious injury or an exception. Legal representation can help ensure your insurer honors the policy and pays a fair claim.
Can I change my tort selection after an accident?
Typically, you cannot retroactively switch an existing claim to full tort. The coverage you selected at the time of the accident applies. However, you can change your selection for future coverage. If there’s a dispute about your tort selection, an attorney can review the waiver form to see if errors might invalidate the limited tort designation.
Don’t Let “Limited Tort” Limit Your Justice
The term “limited tort” sounds final, but in the legal world, it is often just the beginning of the inquiry. The law recognizes that innocent victims shouldn’t be penalized for a paperwork choice when the consequences of a crash are severe, or the other driver’s behavior was egregious.
You deserve to have your case evaluated on its actual merits, not just on a checkbox selected years ago. Whether it’s proving a serious impairment or identifying a statutory exception like an out-of-state vehicle, there are multiple avenues to pursue the compensation you need for your pain and suffering.
At The Slocum Firm, P.C., we have extensive experience helping clients across Pennsylvania overcome the hurdles of limited tort insurance. We know how to build the medical narrative necessary to meet the serious injury threshold and how to challenge insurers who try to deny valid claims.
Are you ready to stop letting an insurance company tell you what your pain is worth? Contact our Scranton auto accident injury attorneys today for a free case evaluation to discuss your legal rights and options.
