Legal Question in Personal Injury in Pennsylvania

auto accident personal injury

I was a passenger in a auto accident and injured my neck. I have been in constant pain since Feb. I recently found out my insurrance is limited tort. How can I get a settlement for pain and suffering? What are my options and the best course of action?


Asked on 7/27/04, 5:43 pm

2 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: auto accident personal injury

The main exception to actually getting paid something with limited tort insurance is for serious bodily injury. In this case, serious means serious...that you have to have lost a major life function. Soft tissue injury doesn't usually fall into that category, if ever.

Never, ever, ever buy limited tort insurance. Saving a few bucks isn't worth it. When you buy limited tort insurance you're making an unwinnable gamble that you will never have an injury as a result of an accident. It's a bad deal...one that the insurance companies love...and wasted money.

Switch your insurance to full tort immediately.

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Answered on 7/28/04, 8:52 am
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: auto accident personal injury

1. There are some exceptions which may apply- these need to be explored.

2. If you definitely are limted tort, cases where there is "merely" neck pain can be very difficult, if not impossible. You need to consult with an experienced personal injury lawyer. My firm handles these cases. You can feel free to contact me.

3. It's not going to help you for this claim, but you should change your selection to "full tort" & make sure your policy includes "uninsured motorist" & "underinsured motorist" coverages.

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Answered on 7/28/04, 12:29 am


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