Q:I've been told that I don't have an injury case because I have "limited tort" on my auto insurance policy. What does this mean?
A:Under "limited tort" insurance, you and members of your household that are covered under your auto insurance policy can try to recover compensation for all out-of-pocket and medical expenses. Generally speaking, you may not seek compensation for non-monetary damages such as pain and suffering, unless your injuries can be defined as "serious injury." Under Pennsylvania law, a serious injury is considered to be one which results in death, serious impairment of body function or permanent serious disfigurement. Other limited tort exceptions may allow you to fully recover damages in these situations:
-If the person responsible for the accident is found guilty or if he or she agrees to accepting an Accelerated Rehabilitative Disposition (ARD),
-If the accident involved driving under the influence of alcohol or other controlled substance,
-If the person responsible for the accident is driving a registered out-of-state vehicle,
-If the person responsible for the accident purposefully injured another or him/herself,
-If the person responsible for the accident has shirked financial responsibility,
-If you occupied a vehicle other than a passenger vehicle at the time of the accident