Limited Tort Lawyer
Today, I am discussing limited tort lawyers. Specifically, I am going to explain what is limited tort, what are the exceptions, and why you need a qualified limited tort lawyer to handle your car accident case.
As I explained in my previous blog post, your “tort status” depends on the type of car insurance you purchased. There are two general types of care insurance – full tort and limited tort. If you purchased full tort you likely spent more money than someone who selected limited tort insurance. Which is probably why, most car drivers I encounter have limited tort. However, the tradeoff of purchasing the cheaper policy is that you are prohibited from suing for pain and suffering in the event of a car accident.
In short, if you buy the cheaper car insurance (limited tort insurance) and you are in a car accident you cannot just say “I hurt my back” and expect to get paid by the insurance company. The reason is because when you get limited tort you are agreeing with the insurance company that I will pay less money for car insurance and in exchange I am not allowed to get money for non economic damages (pain and suffering) in a car accident – unless an exception applies.
If an exception applies a skilled limited tort lawyer knows how to apply the exception to the facts of your case.
At this point you might be wondering what are the exceptions to limited tort? In what situations will I be allowed to recover for pain and suffering even though I selected the limited tort insurance option? There are six general exceptions to limited tort: riding a motorcycle, commercial vehicle, driving while intoxicated, pedestrian, out-of-state plates, and a serious injury.
Each exception involves quite a bit of discussion but in short the following is true of each exception. By way of overview, here is synopsis of each exception. If you are in an accident on your motorcycle you are considered full tort. If you are a passenger in a commercial vehicle (like septa, taxi, or megabus) you are considered full tort. If you are in an accident and the other vehicle was driven by someone who is intoxicated you are considered full tort. If you are a pedestrian and struck by a car you are considered full tort. If you are struck by an out-of-state vehicle you are considered full tort. If you are seriously injured in a car accident you are considered full tort.
Finding a lawyer who knows how to evaluate a limited tort case is a critical step in obtaining maximum compensation for your injuries. There are many lawyers that do car accident cases. Not all of the lawyers get you the most possible money. Knowing the facts about limited tort car insurance will help you talk to a lawyer. Once you have the knowledge, insight and understanding you can evaluate the attorney to see if they are the limited tort lawyer for you.
