Written by attorney Joel Jay Kofsky

What To Do With Limited Tort Insurance

Pennsylvania is one of three states that offer the option of limited tort. When you are signing up for an insurance policy in Pennsylvania, you may choose full tort coverage at a higher price, or you may choose limited tort coverage and relinquish some of your rights to recovery. The full tort option allows you the chance to recover for pain and suffering even if the injury is minor.

Many car owners like yourself do not fully understand the repercussions that go along with this decision. Limited tort injury victims lose the right to recover for pain and suffering for most injuries. Consulting with an experienced lawyer can help you determine whether your limited tort policy prevents you from making a claim or how to handle any claims you may make.

If you contact our office after you are in an accident and have limited tort liability insurance, we can help you:

Get immediate medical care. Get medical bills paid. Get compensated for your injuries. Get compensated for lost wages. Get compensated for rental car expenses. Time is a factor – Please contact us as soon as possible so we may begin to gather evidence for you. Our experience is that witnesses tend to move, memories cloud and conditions which may have caused your accident and injury are corrected.

Exceptions – Having limited tort coverage does not mean that you are automatically prevented from recovering. Certain exceptions may apply, which can allow you to recover for pain and suffering. Even if your situation is not an exception, you can still recover for economic losses such as missed time at work or rental car expenses.

You were hit by a car registered out-of-state. You were hit by a drunk driver. You were riding in a commercial vehicle. Commuter vehicle such as a bus, train, trolley, or taxi; Van, truck, or car owned by a company; Semi-truck or trailer; or Any kind of vehicle that is titled or registered to a company. You have a serious or permanent injury. Even the smallest physical injuries seem serious to those living with pain that affects their daily routine. Pennsylvania law, however, defines a “serious injury" as “a personal injury resulting in death, serious impairment of bodily function or permanent serious disfigurement." Pa.C.S. 75 § 1702. Whether or not an injury is serious depends on a variety of factors. The insurance company will almost always argue that your injury is not serious. Let us prove that it is and get you compensated.

The first step to making a claim is to speak with an attorney who knows limited tort law and how it will play out in your situation. Joel Kofsky has handled these types of claims for twenty years. Insurance companies count on the fact that you don’t know the law. You should count on an attorney who does.

Based on your situation, you may be finding it difficult to find transportation to an attorney’s office. We regularly make home and hospital visits. Call us at 215.735.4800 and we can set up an appointment that works for you.

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