Legal Question in Personal Injury in Pennsylvania

Limited Torte

A commercial vehicle backed into my car and caused damage. My lower back got jolted and I subsequently went to the hospital for treatment. I have limited torte on my insurance policy. Since the accident was not my fault, can I collect anything for pain and suffering?


Asked on 9/21/07, 4:05 pm

4 Answers from Attorneys

Robert Munley Munley, Munley & Cartwright P.C.

Re: Limited Torte

The only way you can sue for pain and suffering when you have chosen the limited tort option on your insurance is if the vehicle that hit was registered outside the state of Pennsylvania or your injuries are deemed serious by the courts.

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Answered on 9/21/07, 4:13 pm
Scott Diamond DIAMONDLAWYER

Re: Limited Torte

you can sue for your injuries because the striing vehicle was a commercial vehicle therefore you are not subject to limited tort. Call me if I can help. I have an office in Phila.

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Answered on 9/21/07, 5:15 pm
Paul Stacom Law Offices of Paul J. Stacom

Re: Limited Torte

Since the vehicle that struck you was a commerical vehicle, your choice of limited tort will be irrelevant. You need to ensure that you continue to seek and obtain the appropriate medical treatment. You need to protect your rights ASAP. Please contact me to schedule a free meeting to discuss your options.

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Answered on 9/21/07, 9:27 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Limited Torte

If the crash happened in PA, 2 of the prior answers you received are incorrect. If you selected limited tort (no E on the end) on your own auto policy, this means you have a limited right to sue. The only exceptions are (1) if the at fault driver was driving a car with a license plate not in PA, or (2) you were an occupant in a commercial vehicle, or (3) the other driver was driving drunk. Also, if your car is not a "private passenger motor vehicle" which could be if your car is leased, then limited tort does not apply. The commercial vehicle exception does not apply to the other vehicle under PA law (it does in NJ). If you have ltd tort & no exception applies, you have to have a serious injury (which under the law is very serious) in order to have a valid claim for pain & suffering damages. Even if you have limited tort, you can always collect for any "economic" loss you suffered. You can contact me if you want to discuss further.

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Answered on 9/21/07, 11:26 pm


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