Tort is the area of law that covers the majority of all civil lawsuits. Essentially, every claim that arises in civil court, with the exception of contractual disputes, falls under tort law. The concept of tort law is to redress a wrong done to a person, usually by awarding them monetary damages as compensation.
Tort law can be split into three main categories: Negligent Torts, Intentional Torts, and Strict Liability. Negligent Torts encompass harm done to people generally through the failure of another to exercise a certain level of care. Auto accidents would be considered negligent torts.
In Pennsylvania, our personal auto insurance policy gives us 2 options: Limited Tort or Full Tort.
Regardless of the tort option you choose, if you are injured in an auto accident you always have the right to seek compensation for actual out of pocket expenses such as medical bills, income loss, and vehicle damages.
Full Tort
With Full Tort, you also have the right to seek compensation for non-monetary damages such as pain and suffering, loss of enjoyment of life, permanent injuries, scarring, and spousal loss of consortium. Choosing Full Tort on your policy will cost a little more but it could mean you receive thousands of dollars more if you’re ever injured in an auto accident.
Limited Tort
With Limited Tort, you only have the right to seek compensation for these non-monetary damages under strict and limiting circumstances such as:
You suffered a serious injury. This will be determined by the courts and is typically defined as a personal injury resulting in death, serious impairment or body function, or permanent serious disfigurement.
- The other driver is convicted of driving under the influence of alcohol or a controlled substance or accepts an ARD program.
- The other driver committed an intentional act which caused your injuries.
- The other driver was operating a vehicle registered in another state.
- The other driver has no insurance.
If you have never been injured in an auto accident, you may not realize the pain and suffering that a person goes through. Auto accidents can lead to injuries and long-term disabilities that last for months or even years. People tend to choose Limited Tort because they believe it saves them money and they’ll never be injured in a car accident. But did you know that by choosing Limited Tort, you are not just sacrificing your protection, but also the protection of your family members who are covered under your auto insurance policy? Limited Tort not only puts you and your family at risk in your own car, but it even applies when you or your children are injured as passengers in someone else’s car, or even as a pedestrian.
I recommend my clients always consider choosing the Full Tort option. In my opinion, having additional money to help you through a very difficult time in your life is well worth the investment today.
Insurance Blog - By Jennifer Wells, CISR 