Our Pittsburgh lawyers often have bad news for the injured motorist who had elected “limited tort” to save a little money on the cost of car insurance. “Limited” tort does just that. It limits your ability to sue for the consequences of an accident caused by another.
You see, absent a permanent injury or serious impairment of function, a limited tort plaintiff may only recover money for “economic loss.” This includes out-of-pocket expenses or lost wages. That said, the limited tort plaintiff waives claims for all other consequences of an accident.
Claims Waived By Limited Tort Election To Pay Less For Insurance
The claims waived by electing “limited tort” include those for:
- aggravation of attending follow-up medical visits for treatment,
- annoyance,
- pain and suffering,
- difficulty sleeping,
- doing household chores with great difficulty,
- strain on a marriage,
- ability to work, but with difficulty,
- loss of enjoyment of life, and
- other non-economic consequences of an accident.
Thus, unless one of the narrow exceptions apply to limited tort, your claim is limited to practically nothing, except out-of-pocket costs for lost work or bills.
The True Cost of Electing “Limited Tort”: An Example
So what does all this mean in real dollars? In 2022, there were 62,340 injuries in PA, which were considered “non-serious”: that’s 170 a day!
Here’s a common example.
Let’s say another vehicle strikes yours. No broken bones, but your body twists violently inside the vehicle. You sustain an extremely painful neck, back and shoulder strain. The injuries require 6 months of physical therapy. For treatment, you drive across town twice a week, suffering pain through therapy. At night, you suffer trouble sleeping because you are unable to get comfortable. However, within six months of the “non-serious” accident, you’re 90% recovered. With full tort, this claim can be worth $10,000 to $15,000 in Pennsylvania for pain and suffering.
However, for the same crash, the limited tort Plaintiff might receive $500 or less. His recovery will be limited to his out-of-pocket expenses. Many return to work, despite the pain, if they can do their job so they don’t lose it. As such, your lost wage claim might only be for a few hundred dollars.
So the question is, how much money do you actually save on car insurance premiums by electing limited tort?
Not much.
Premium Reduction and Cost Savings of Limited Tort
Electing full tort — which every motorist in PA should do — will only increase your premiums by a few percent. With it, you avoid the harsh consequences of “limited tort.” Don’t listen to insurance companies or brokers, who make limited tort sound like a viable or valuable option.
It’s neither.
If, by some chance, electing full tort increases your premiums by several hundred dollars, simply continue shopping for insurance. You have many options. Insurance companies are falling over themselves — and each other — to get your business. Each is trying to be cuter and funnier than the next in their ubiquitous commercials. The competition for your business is intense.
Take advantage of it.
Contact a Limited Tort Attorney Today
We are happy to talk any time. Even if you were injured on a bicycle or as a pedestrian, or some other exception to limited tort applies, you should still contact an attorney in Pittsburgh immediately. Contact a Pittsburgh lawyer to handle your limited or full tort claim for injuries in Pennsylvania for a car collision or truck accident.
412.342.0992
