The “choice no-fault” system of the Commonwealth of Pennsylvania gives drivers the option to choose between limited tort o no-fault and full tort or at-fault insurance policy. Many drivers choose limited tort since it is less expensive.
Unfortunately, limited tort generally limits the compensation you can receive to only economic damages. If you want to sue for pain and suffering damages, there are only specific situations when you may do so.
Catastrophic injuries
One of the exceptions allowing you to claim for pain and suffering and other non-economic damages is catastrophic injuries. The law defines catastrophic injuries as injuries that greatly impair your bodily function, permanently disfigure you or lead to your death.
Examples of catastrophic injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Severe burns
- Amputation or loss of limbs
- Blindness and deafness
Drunk driver
Limited tort doesn’t apply if the driver who caused the accident was drunk. Take note that the court needs to convict the driver with either driving under the influence (DUI) or driving while intoxicated (DWI) first. Alternatively, the driver must agree to enter an Accelerated Rehabilitative Disposition (ARD) program.
Uninsured driver
Another instance in which you may sue for pain and suffering is if the driver at fault doesn’t have valid insurance. However, this isn’t too common, as state law requires all drivers to have auto insurance.
If you have uninsured motorist coverage, you also have the option to file a claim for non-economic compensation against your insurer, instead of only filing against the uninsured driver at fault.
Out-of-state car registration
Cars registered outside of Pennsylvania are also exempt from limited tort rules. This exemption applies even if the driver is a Pennsylvania resident. If their vehicle has an out-of-state registration but they live in the Commonwealth, you may sue for pain and suffering damages.
Recover compensation with legal help
Exceptions to the limitations of limited tort or no-fault insurance coverage exist. However, this doesn’t mean guaranteed compensation for non-economic damages. Seeking legal guidance from an experienced motor vehicle accident attorney can help strengthen your claim and chances of receiving your rightful compensation.