How Did I Elect a Tort Restriction Option?!

Did You Really Elect "Limited Tort" Prior to Your Accident?  

The Process to Elect Limited Tort

Before we dive into this topic: don't give up on claiming "pain and suffering" from your vehicle accident. Talk to our Pittsburgh attorneys, first. Because, even if you are bound by "limited tort," exceptions do exist. For example, limited tort does not apply to serious injury cases. Plus, the claims of those riding a bicycle, or crossing the street as a pedestrian transcend "limited tort." The reason? Limited tort only applies to injuries inside in private passenger vehicles (not buses or an Uber or Lyft).  There's also a narrow exception for those injured by drunk drivers.  Call a Pittsburgh attorney at our firm for more.  

OK, so how does one elect "limited tort"?  First, understand that all motorists in Pennsylvania start out carrying the full tort election. Then, you remain full tort until you (the injured party) -- or the purchaser of your vehicle insurance (mom, dad, husband, wife, etc.) -- elect limited tort.  Even then, however, the "limited tort" election must be in writing. 

But Why Would I Have Elected "Limited Tort"? 

Before we get into the exact written waiver needed (to elect limited tort), you may be wondering one thing.  Why would I have signed something like that?  The answer: with "limited tort," you (or your insurance broker) likely did it for a small reduction in the cost of your motor vehicle insurance premiums. 

However, the reduction isn't much:  maybe $150 a year.  With that, you give up the right to sue for tens of thousands (even $100K+ in some cases) for "pain and suffering" from a motor vehicle accident. 

How Exactly is Limited Tort Elected? 

PA's motor vehicle law describes the exact "form" language needed, for a motorist to elect "limited tort": 

1. If you wish to choose the "limited tort" option described in paragraph A, you must sign this notice where indicated below and return it. If not, you will be considered to have chosen the "full tort" coverage as described in paragraph B.  Plus, you will be charged the "full tort" premium.

I wish to choose the "limited tort" option described in paragraph A:

Named Insured                      Date

2.  If you wish to choose the "full tort" option described in paragraph B, you may sign this notice where indicated below and return it. If not, you will be considered to have chosen the "full tort" coverage as described in paragraph B.  Moreover, you will be charged the "full tort" premium.

I wish to choose the "full tort" option described in paragraph B:

Named Insured                      Date

Note that "Paragraph b" referenced above provides: "The tort option elected by a named insured shall apply to all private passenger motor vehicle policies of the named insured issued by the same insurer."

Can I Plead Ignorance?  I Didn't Know What I Was Signing? 

Yes. However, the argument will likely fail. The Act provides: "Any person subject to the limited tort option by virtue of this section shall be precluded from claiming liability of any person based upon being inadequately informed."  In other words, if, after your insurance carrier sends you two notices of the limited tort option, providing the requisite language, and you elect "limited tort" you are presumed to understand what it means! 

This also means the courts may not entertain how "educated" you were when electing limited tort, such as whether you received a price differential. See  Donnelly v. Bauer, 720 A.2d 447, 553 Pa. 596 (1998).

Am I Bound by Limited Tort if Someone Else Elected It For Me? 

Most likely, yes. The limited tort election -- governing your claims for injuries -- can be done by someone other than yourself!  In fact, PA's auto law provides:  "[t]he tort option elected by a named insured shall apply to all insureds under the private passenger motor vehicle policy..." Click here for the statutory language. For more, contact our Pittsburgh limited tort lawyers. 

This means, if your auto/truck/SUV coverage comes through your parents, spouse, or friend, who elected limited tort -- you are bound by it, unless you have your own full tort coverage elsewhere.