Legal Question in Insurance Law in Pennsylvania

Limited Tort (PA) - Accident in NJ

My wife was involved in a car accident (hit by a commercial vehicle) in NJ and is suffering from back and neck pain. However, we live in PA and have limited tort insurance. Since the accident occured in NJ and she was hit by a commercial vehicle, can she seek compensation for pain and suffering despite our limited tort coverage?


Asked on 9/26/04, 10:44 am

1 Answer from Attorneys

Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Limited Tort (PA) - Accident in NJ

Your wife is very lucky. Under New Jersey Law, since the driver at fault was oeprating a commercial vehicle, the New Jersey tort threshold does not apply. Normally, because the crash was in NJ, she would be subject to the NJ Law. That is even if you had full tort, you would be "limited tort" under NJ Law if your auto ins co does business in NJ. So, bottom line, she can present a claim. I have several suggestions. 1. Contact an experienced injury lawyer. My office handles these case. Please contact me if you would like to discuss. There is no fee for speaking with me. 2. Try to change your limited tort policy to full tort. At least get a quote to find out the difference in price. Limited tort makes it almost impossible to recover money from a driver who is at fault, if the accident happened in PA. It's unlikely you'll get lucky twice. Also, you should make sure your auto policy has coverage for uninsured motorist and underinsured motorist. These are fairly inexpensive coverages that directly benefit you and your family. Good luck!!

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Answered on 9/26/04, 7:06 pm


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