Like most auto insurance law, the choice between Full and Limited Tort insurance coverage can be a confusing one.  But, the implications are great.

With Full Tort coverage, a driver who has been in an accident is able to recover monies through litigation for both economic damages (i.e. property damage, lost wages, etc.) and

pain and suffering.  This means that should the driver be injured in an accident through someone else’s negligence, they can potentially obtain a recovery representing the full extent of the damage done in the accident.  This type of coverage is especially helpful when an auto accident causes long-term chronic pain.

Limited Tort coverage is a bit more, well, limited.  In exchange for lower monthly premiums, a driver with Limited Tort insurance coverage gives up the right to sue for pain and suffering.  This means that a driver can only recover economic damages like damage to the vehicle, medical expenses immediately resulting from the accident, or lost wages.

There are, however, some exceptions that allow an accident victim to overcome the restrictions of Limited Tort coverage.  For instance, the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) allows drivers with Limited Tort policies to sue for pain and suffering if they have sustained a “serious injury” resulting in “death, serious impairment of body function or permanent serious disfigurement.” (75 Pa.C.S.A. § 1702

)  In practice, this exception has generally not included soft-tissue injuries like sprains or even most bone or head injuries.

In recent weeks, however, there has been some indication that courts are willing to consider awarding monies for pain and suffering to individuals with Limited Tort coverage whose injuries do not, at face value, appear to meet the “serious injury” threshold described in the statute.  In Harlan v. Pennsylvania State Police, et al., (PICS Case No. 10-1506 (C.P. Pa. [Lawrence County] March 4, 2010)

, a judge ruled that a Limited Tort plaintiff’s case should not be dismissed, even though he did not suffer the types of injuries usually necessary to overcome the restrictions on Limited Tort.  According to Pennsylvania Law Weekly

, the plaintiff “suffered injuries to his left arm, left shoulder, left wrist, neck, back, and head.”  Months after the accident, the plaintiff underwent three surgeries, missing a total of five months of work.  He continued to experience pain and loss of feeling on his left side, and as a result was limited in his ability to perform “daily tasks including driving and mowing the lawn.”  The court found that because the plaintiff’s household and recreational activities have been altered for the foreseeable future, it is up to a jury to decide whether or not this constitutes a “serious injury” under the MVFRL. (Pennsylvania Law Weekly

, March 30, 2010, p. 17-18).

Because the potential for a major financial recovery is often diminished under the MVFRL, many attorneys are unwilling to pursue Limited Tort cases.  Jules Zacher, Esquire, however does

accept Limited Tort cases, provided they have legal merit.  If you have been injured in an auto accident, please visit the page of this website, and fill out a questionnaire.