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If you're shopping for automobile insurance, you've likely come across the terms "full tort" and "limited tort." These two options can have a significant impact on your insurance costs and the level of protection you receive in the event of an accident.
In a full tort state, you have the right to sue for pain and suffering in addition to medical expenses and lost wages. This means you can pursue compensation for non-economic damages, such as emotional distress and pain.
On the other hand, a limited tort state caps the amount of money you can receive for pain and suffering. In Pennsylvania, for example, you can receive up to $250,000 for pain and suffering, but you must meet certain criteria, such as having a serious injury.
Limited tort insurance is often less expensive than full tort insurance, but it's essential to weigh the potential cost savings against the potential loss of compensation in the event of an accident.
What is Full Tort and Limited Tort Insurance?
In Pennsylvania, drivers can choose between two types of tort insurance coverage: full tort and limited tort. Both options provide protection for accident-related costs.
Full tort insurance offers more comprehensive compensation and coverage after an accident, including non-economic damages like pain and suffering. This means you can sue for emotional trauma or anxiety caused by an accident.
Limited tort insurance, on the other hand, limits the type of compensation you can recover for personal injuries. It still offers some legal protection and coverage, but without the higher premiums of full tort.
With limited tort plans, you can seek recovery for economic damages like wage loss, out of pocket expenses, and medical bills. However, you are generally precluded from recovering non-economic damages.
Full tort policies have higher premiums to reflect more coverage, but they provide more comprehensive protection for accident-related costs. Limited tort policies have lower premiums, but they limit the type of compensation you can recover.
Coverage and Protection
Full tort and limited tort automobile insurance provide different levels of protection and financial implications for drivers.
In Pennsylvania, Kentucky, and New Jersey, drivers can choose between full tort and limited tort insurance policies.
Limited tort insurance is cheaper, but it restricts your rights to sue for pain and suffering unless you suffer serious injuries. Serious injuries include death, permanent disfigurement, serious impairment of bodily function, and dismemberment.
Full tort insurance costs more, but it allows drivers to sue for pain and suffering, including physical pain and discomfort, emotional pain and treatment for it, and stress and anxiety linked to an accident.
Drivers who choose limited tort insurance may not be able to recover compensation for non-economic damages, which can be a significant part of their recovery in the event of a severe accident.
The bar for serious injuries is high, making it difficult to meet the criteria for a limited tort claim.
Here are the key differences between full tort and limited tort insurance:
Ultimately, drivers must weigh the cost of full tort insurance against the potential financial loss if they are injured in an accident.
Exceptions and Limitations
In Pennsylvania, limited tort coverage can be a complex issue, but there are some key exceptions that can help you recover non-economic damages. If a drunk driver caused the accident, limited tort may not apply.
The law in Pennsylvania also provides exceptions for accidents caused by uninsured drivers, drivers from out-of-state, and commercial vehicles or motorcycles. These exceptions can be found at 75 Pa. Cons. Stat. § 1705(d).
There are also specific conditions that qualify as "serious injury", which can also exempt you from limited tort. These conditions include death, serious impairment of bodily function, or permanent, serious disfigurement.
If the at-fault driver is convicted of driving under the influence (DUI) at the time of the accident, limited tort may not apply, and you could still sue for pain and suffering. Limited tort does not limit your right to compensation if you are injured as a pedestrian, bicyclist, or motorcycle rider.
Here are the exceptions to limited tort in Pennsylvania:
- A drunk driver caused the accident;
- An uninsured driver caused the accident;
- The person who caused the accident was driving a vehicle registered in a state outside of Pennsylvania;
- The injured party was a passenger on a commercial vehicle or motorcycle;
- The injured party was a pedestrian or bicyclist injured by an automobile; or
- The injured party sustained a “serious injury.”
Pain and Suffering Damages
Pain and suffering damages are calculated after an accident, usually with the guidance of a lawyer. There are two major ways to calculate pain and suffering: the multiplier method and the per diem method.
The multiplier method takes the total cost of medical bills and multiplies it by a factor that often ranges between 1.5 and 5. The number to multiply by is usually determined by the severity of the injury.
A high-multiplier injury would be something that will leave a lasting impact, such as facial scarring from a head-on collision with a truck. This type of injury can make many basic functions difficult for a long time.
The per diem method assigns a dollar value for each day you are injured and multiplies it by the number of days you are affected by the injuries. This method is rarely used.
The insurance company does not have to honor the number a driver or lawyer asks for to compensate for pain and suffering. They might feel the multiplier used was too high and offer a smaller settlement or have investigators check the severity of the situation.
A strong case for a high-multiplier claim can be bolstered by having strong documentation and being able to show that family members suffered while helping with the injuries.
Choosing and Understanding Insurance
Full tort insurance offers you complete legal rights if you're injured in a car accident, allowing you to sue for both economic and non-economic damages.
The key difference between full tort and limited tort insurance is that full tort retains the right to sue for pain and suffering, while limited tort restricts this right, except in cases of serious injury.
Limited tort insurance is cheaper but only allows a driver to sue for damages for serious injuries, such as death, permanent disfigurement, or serious impairment of bodily function.
To choose the right coverage, consider the long-term financial implications of being involved in an accident and the level of risk you face on the road.
Here are the key differences between full tort and limited tort coverage in PA:
Ultimately, it's essential to weigh the costs of each option against the potential risks you face on the road and consider the long-term implications of each choice.
What Does Cost?
The cost of full tort insurance varies, but it can range from $6 per month to more than $50 per month.
In Pennsylvania, where full tort insurance is commonly used, we compared sample quotes from major insurers and found that opting for full tort insurance adds $80 to $116 to a six-month policy premium.
For a 2015 Honda Civic with minimum coverage, owned by a 30-year-old man in Pennsylvania, the increase in premium is significant.
Here's a breakdown of the increase in premium for full tort insurance from major insurers:
The cost of full tort insurance is a trade-off for the increased flexibility to sue for pain and suffering.
Is it Worth It?
Full tort insurance can be a worthwhile investment if you're willing to pay a higher premium for the added benefit of being able to sue for pain and suffering.
The key is to weigh the upfront cost against the potential long-term financial implications. Limited tort might seem appealing due to lower premiums, but it may not be worth the potential financial loss if you're injured in an accident.
Paying a little more for full tort coverage now can potentially save you thousands of dollars in the event of a crash. It's essential to evaluate how often you drive and the level of risk you face on the road.
You still have medical coverage through a personal injury protection policy with limited tort, so whether you need full tort auto insurance comes down to the desire to potentially pursue pain and suffering compensation.
Choosing Between
Full tort insurance offers more robust protection, allowing you to pursue full compensation for all damages, including pain and suffering.
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The cost of full tort insurance can range from $6 per month to more than $50 per month, depending on factors like location and total coverage.
In Pennsylvania, drivers can choose between full tort and limited tort coverage, with full tort providing unrestricted rights to sue for pain and suffering and other non-economic damages.
Limited tort coverage restricts your rights to sue for pain and suffering unless you suffer injuries that meet the legal definition of a "serious injury" in Pennsylvania.
The key differences between full tort and limited tort coverage are your ability to sue for pain and suffering and the cost, with full tort being generally more expensive.
Here's a comparison of the two:
Ultimately, the decision between full tort and limited tort coverage depends on your individual circumstances and risk tolerance.
Sources
- https://www.buzgondavis.com/blog/breaching-the-limited-tort-threshold/
- https://www.valuepenguin.com/tort-car-insurance-full-limited
- https://gibbonslegal.com/what-the-is-limited-tort-car-insurance/
- https://www.benedumlaw.com/full-tort-v-limited-tort/
- https://atleehall.com/full-vs-limited-tort-insurance-coverage-whats-the-difference/
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