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Pennsylvania: Limited Tort vs. Full Tort 

After you or a family member has been injured in a motor vehicle accident, and at the hands of a driver who was at fault, it is only natural to assume that you can make a personal injury or pain and suffering claim. However, Pennsylvania, a "no-fault" state allows for you to opt out of an unlimited right (full tort) to make a pain and suffering claim, and agree to drastically limited (limited tort) your right to make a personal injury claim in exchange for a very modest decrease in your insurance premium.

Under Pennsylvania insurance law, when you purchase a contract of insurance from your agent, a decision needs to be made whether to obtain full tort coverage or limited tort coverage. All too often we have heard stories of victims in Pennsylvania being counseled by their agents to choose limited tort because "its cheaper" without explaining that a limited tort policy can impact your ability to make a claim for pain and suffering when you are a victim in an automobile or truck accident case.

More importantly, once you or your family has been the victim of a motor vehicle accident in Pennsylvania, your own insurance company may advise you that you can not make a pain and suffering claim because you have the limited tort option. Do not assume they are correct. Our lawyers have been successful in reversing a limited tort option where the insurance company illegally failed to provide proper notice to our clients and have them document their decision.

Limited Tort Exceptions

It is important to understand the consequences of the Full Tort/Limited Tort Option. Do you have questions about the difference between Limited Tort and Full Tort coverage in Pennsylvania?  Are you confused about the difference in "full coverage" and "full tort?" Get legal advice now.

Contact the skilled auto accident lawyers of Ciccarelli Law Offices to learn more about your legal options during this critical time during a free consultation by calling (610) 719-3190. We represent clients across Southeastern Pennsylvania, including West Chester, Philadelphia, King of Prussia, Lancaster, Kennett Square, Radnor, Plymouth Square and Malvern

Even in cases where our clients have lawfully opted for limited tort insurance, we have been successful in establishing exceptions to Limited Tort and preceding with a personal injury claims, in cases where:

  • Negligent driver was driving drunk
  • Negligent driver was an Out of state driver
  • Our client was in a Commercial vehicle
  • Our client's injuries were serious and/or permanent

Ciccarelli Law Offices maintains over 50 years of combined experience in Pennsylvania courtrooms. Our West Chester attorneys are trial veterans and highly skilled negotiators who will fight for the fair compensation that you critically need to cope with your losses. We strongly believe that insurance companies have an obligation to honor their policy and help accident victims pay for their losses, whether the accident occurred in Chester County, Montgomery County, Lancaster County, Delaware County or elsewhere across the state.