Across the country, there are a few different systems that determine the penalties and possible compensation available after a car collision.
Many states operate according to a fault-based (“tort”) system, where the driver who caused the collision (usually by being negligent) is held responsible. Other states use a no-fault system, meaning the driver files a claim with their own insurance company regardless of who caused the collision.
In Pennsylvania, however, drivers can choose between “full” or “limited” tort when they’re buying car insurance. This is the difference between no-fault and fault-based liability.
Many drivers choose the limited tort option because it’s less expensive than full tort. In most cases, with limited tort insurance, you can’t sue the responsible driver for pain and suffering, although you can claim compensation for your medical expenses. There is an exception in extreme cases if you’ve suffered a permanent impairment or disability.
The full tort option, although a bit more costly, allows you to claim compensation for all injuries and losses, including pain and suffering.
When you come in to speak with us, we’ll go over your insurance and help you understand what you’re eligible for when you make your claim.