6 Reasons The Insurance Company May Be Wrong When They Say You Don't Have a Case Because You Have Limited Tort

Injured in a car accident in Pennsylvania and have limited tort? Don't just accept the Insurance Company's word that you don't have a case. Before we get to the exceptions, you need to understand that limited tort only applies to the "bodily injury" (pain and suffering) part of your claim. You do not have any restrictions on your right to recover for "economic" losses (such as wage loss, medical bills, out of pocket expenses). Beyond that, there are 6 different exceptions to Limited Tort. If any apply, you can recover compensation for your bodily injuries and pain and suffering. Let's look at the list: "Automatic Exceptions" (these are automatic because if any apply to you, then you are considered to be full tort for purposes of the claim): 1. You were a pedestrian (that is, you were either walking or riding your bicycle when hit by the at-fault driver's car); 2. You were either driving or a passenger in a commercial vehicle (for example, you were on a bus, driving your company car, or a passenger in someone else's company car; the vehicle must be registered to a business or company not an individual person for personal use); 3. You were on a motorcycle; 4. The at-fault driver was convicted of DUI (or pleads guilty or goes onto "ARD" for DUI); OR 5. The at-fault driver was driving a car registered in a different state than Pennsylvanhia) If none of those "automatic" exceptions apply, then you still might have a case. The 6th exception requires you to prove that you suffered a "serious injury". "Serious Injury" is decided based not just on the injury itself, but the type of medical treatment received, the duration of those injuries and importantly, how those injuries impact your ability to live your life. This includes, the impact on your ability to work without restrictions and your activities of daily living outside work. So, make sure you look and don't accept the insurance company's word. An experience personal injury lawyer should be able to review these with you. We do so for our clients. Feel free to contact us for help. Wolpert Schreiber P.C. Experienced personal injury lawyers near Phoenixville, Collegeville and Pottstown. www.PAInjurycase.com