When winning is the only option

PA Limited Tort Doesn’t Always “Limit” Your Recovery

What Your Insurance Adjuster Won’t Tell You

limited tort accident
Question: I selected the limited tort option on my car insurance policy. The other driver caused the accident. The insurance adjuster for the other driver’s insurance company told me that because I selected limited tort, I can’t make a claim for my pain and suffering. Is this true?

Answer: Insurance adjusters work for companies who profit from scaring you away from making a claim that will cost them money. Many clients with a limited tort policy are under the impression that they won’t be able to make a recovery, but this is often not true. There are several circumstances where you can still recover substantial money for pain and suffering even if you selected limited tort on your insurance policy.

If you selected limited tort, you can still recover money for your pain and suffering if:

1. Your injury turns out to be serious. You can recover money for your pain and suffering if:

  • your injury lasts long enough
  • if more serious injuries are diagnosed (for example, a fracture or a herniated disc in you back or neck)
  • if you require surgery for an accident caused injury

2. You were hit by a drunk driver.

3. You were injured on something other than a private passenger vehicle (like a commercial vehicle, bus, motorcycle or as a pedestrian).

You were on a motorcycle when you were hurt.

4. The driver who caused the accident was operating a vehicle that is registered outside of Pennsylvania.

5. Your injury wasn’t serious when you made your first claim, but it hasn’t improved or has gotten worse.

In any case, contacting the limited tort lawyers at Ostroff Injury Law will be worth your while. They can tell you for sure if you’re entitled to a recovery, even under limited tort. Clients are often surprised to learn we’re able to help them after their insurance adjuster told them otherwise. With one phone call we can tell you whether you have a case of not. There’s nothing to lose.

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