Legal Question in Insurance Law in Pennsylvania

Limited Tort Car Insurance

Our family currently has ''limited tort'' car insurance. Wanted to know how badly you have to be hurt in oder to gain your right to sue for pain and suffering? Is it true anytime a Drunk Driver hits you - under Limited tort you are allowed to sue for pain and suffering? In your expert opinion, is it unwise to carry this type of insurance- are you left to the mercy of the courts- their interpretation of how badly we are hurt, or is there written guidelines? Where can I get detailed information about what Limited Tort really means to our family- before we have an accident?


Asked on 2/14/01, 11:27 pm

2 Answers from Attorneys
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Limited Tort Car Insurance

Attorney Marvin gave you excellent advise. First, Limited Tort applies not only to adults, but to your children also. Second, there are no "written rules." Each case is decide on its own facts. Third, you wouldn't want to be hurt badly enough to have a valid "limited tort" claim. In my opinion, the only people who should have limited tort are those who must own a car, and cannot afford to eat or pay the rent if they chose full tort. Change to full tort ASAP, and please make sure you have uninsured motorist & underinsured motorist coverage. If you send or fax me a copy of the Declaration Page from your auto ins. policy I will be glad to review it, & make suggestions to customize your coverage.

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Answered on 4/02/01, 9:30 am
William Marvin Cohen, Placitella & Roth, P.C.

Re: Limited Tort Car Insurance

Limited tort is a REALLY bad idea. The threshold for serious and permanent injuries prevents many people from recovering despite painful and disabling injuries. For saving pennies a day, it's not worth it.

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Answered on 3/30/01, 9:47 am


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