Under Pennsylvania law, there are two main types of insurance coverage for motor vehicles. First, is called “limited tort” and the second “full tort.” The main difference between limited tort and full tort is that when one has a limited tort policy, if they are injured in a car accident by the negligence of another person they are only entitled to recover for economic damages (i.e. – out of pocket expenses). Under a full tort policy one injured in the same manner would be able to recover non-economic damages (i.e. – pain and suffering, etc.). While full tort policies are typically more expensive it is obvious why you may wish to pay the higher premium for this coverage in the event of a car accident.
While an individual cannot seek recovery for non-economic damages for injuries suffered in a car accident under a limited tort policy the law permits them to do so in the event that the injury they suffered was falls within the definition of “serious injury.” The law defines serious injury as injuries of one or more impaired body functions; and whether that impairment of a body function was serious. In determining whether the impairment of a body function was “serious” there are factors that are to be considered such as the extent of the impairment, the particular body function impaired, the length of time the impairment lasted, the treatment required to correct the impairment, and any other relevant factors.
It is important to hire a skilled and experienced personal injury/car accident attorney when you or a loved one has been injured in a motor vehicle accident. Contact Mike DiCindio and DiCindio Law, LLC to discuss your case today.