Pennsylvania requires drivers to carry no-fault insurance which covers medical and disability costs related to the driver’s own injuries in a car accident, regardless of fault. In addition, drunk driving accident victims likely have the right to seek additional compensation from the drunk driver. Under Pennsylvania’s somewhat unique auto insurance system, drivers must select either Limited Tort or Full Tort insurance coverage when they purchase their auto policy.
The choice affects the types of damages they may seek through a lawsuit against an at-fault party in a car accident.
Choosing Full Tort Insurance Coverage gives the insured driver the option to sue an at-fault driver for any car accident injuries, including pain and suffering.
Choosing Limited Tort Insurance Coverage limits the driver’s ability to sue an at-fault party for so-called non-economic damages, such as pain and suffering, only if the crash causes the driver to suffer death, permanent serious disfigurement, or serious impairment of a bodily function. However, an exception to the Limited Tort Insurance Coverage option states that if the person who caused the accident pleads guilty to drunk driving or is convicted of drunk driving, then the injured driver who had Limited Tort Insurance Coverage is automatically deemed to have Full Tort Insurance Coverage for the purposes of a lawsuit against the intoxicated driver defendant.
So, that is a long way of saying that if a drunk driver causes your crash injuries, and the drunk driver ultimately pleads guilty to or gets convicted of the crime of drunk driving, then you will likely have the right to sue that driver for full damages.