Pennsylvania Limited Tort and Car Accident Injury Claims

Limited tort is a cheaper car insurance option in Pennsylvania, and many drivers don’t consider it until a crash. The crash might be a stop-and-go accident on Route 228 in Cranberry Township, a high-speed crash on I-79, or a collision at an intersection in the City of Butler. Afterward, the insurer points to that choice and says you cannot be paid for your pain.

Conlon Tarker, P.C. reviews car accident claims where insurers raise that argument, because limited tort does not always bar recovery for noneconomic losses.

Limited Tort vs. Full Tort in PA: What Is the Difference?

Full tort lets you ask for every kind of loss after a crash, including pain and suffering. Limited tort costs less each month, but it usually limits you to your economic losses. Those include:

• Medical bills
• Lost wages
• Prescription and travel costs for treatment
• Future care tied to the injury

Those economic losses remain potentially recoverable under either option. Pain and suffering is a noneconomic loss. Under 75 Pa.C.S. § 1705, a person bound by limited tort generally cannot recover noneconomic losses unless a serious injury or another recognized exception applies.

Pennsylvania Limited Tort Exceptions That Restore Pain and Suffering Claims

Limited tort has several exceptions. If one applies, a person who would otherwise be bound by limited tort may be able to pursue noneconomic damages. Examples include:

• The at-fault driver’s vehicle was registered in another state
• Your injury is a “serious impairment of a body function”
• The at-fault driver was convicted of DUI for the crash
• You were a pedestrian when the crash occurred; Pennsylvania Supreme Court precedent holds that § 1705 does not apply to pedestrians The at-fault driver had no insurance
• An at-fault driver who entered ARD for the DUI, not only one who was convicted
• The injured person who was riding in a commercial vehicle or another vehicle that isn’t a private passenger vehicle

Several statutory exceptions are listed in 75 Pa.C.S. § 1705. Pennsylvania appellate decisions also affect how limited tort applies in particular situations, including pedestrian claims. The exact exception should be matched to the facts and the applicable policy.

How the Serious Injury Exception Is Evaluated

The serious injury exception is the one insurers push back on most. No list of injuries decides it. Insurers often say a sprain or strain can never count, but no rule says that. The question is how the injury affects your daily life, how long it lasts, and what treatment it needs.

A back injury that keeps you from lifting at work for months may qualify, even with no broken bones. Permanent serious scarring counts too. Your medical records and your doctor’s notes do most of the proving. Steady treatment without long gaps helps strengthen that proof. If the insurer still refuses, a jury at the Butler County Court of Common Pleas in downtown Butler can decide.

Get a Clear Answer About Your Limited Tort Coverage

Find the declarations page of your auto policy, which is the summary sheet that shows the tort option you picked. Bring it to a free meeting with our Butler County car accident team, along with any letter the insurer sent you. We will explain whether an exception appears to apply and what evidence may be needed. You can contact us online or call 724-285-7700.