Legal Question in Personal Injury in Pennsylvania
I was in a auto accident, other party admitted total fault,
my suv is being repaired.I sustained injuries such as a fractured C7 and
pain in left arm and neck, headaches and pain in chest.
problem is other driver has same insurance as me, and
I believed I had full tort because in march through now my premiums
went up, I was told due to the fact I now have full tort and if I didn't want it
and had to sign a wavier, well I NEVER signed the wavier and just made my payments
but now my policy just renewed and I seen limited tort on my dec page, I asked
and was told I always had limited tort! But I never signed the wavier and paid extra
since march.
So My question is can I still sue for pain and suffering?
7 Answers from Attorneys
Who is your insurance company? Insist that they show you a copy of the form they say you signed asking for limited tort. If you are the first named insured on the policy and if they can't produce a copy of that form they say you signed, call me! Also, there are other exceptions to the limited tort rule. Please call to discuss (no charge).
Richard Senker
1 866 AUTOCRASH (toll free)
yes. i handle these cases all the time. give me a call.
yes. i handle these cases all the time. give me a call.
An experienced personal injury lawyer will check your insurance documentaion to determine whether you have full tort or limited tort.
Vertebral fractures can be very serious and they can be somewhat minor. Depending upon the impact of the vertebral fracture on your level of function, you may be able to argue that your injury is serious enough to avoid the limited tort election, if that is what you have.
There are also other exceptions to the limited tort election that may apply. Feel free to call me if you want further information. 610-584-9400.
If no limited tort waiver form was signed (that is your ins co cannot produce it) you will be full tort. There are other exceptions which may also help you. I have handled these cases for over 25 years. Please call if you want to discuss further (no charge). You should not try to represent yourself for this claim. Good luck!
Please call for free consult. 6 office locations. Your insurance company has to produce the waivers you allegedly signed. even if you have limited tort, certain exceptions apply allowing you to see pain and suffering.
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