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Every car and truck in Pennsylvania must be insured, and buying automobile insurance can be one of the most confusing things you will ever do. Fortunately, the lawyers at Fine and Staud, LLP can help you become informed so that you make the right choice and buy auto insurance that protects you and your family if you are injured.
The most important decision you have to make is whether to buy "full tort" or "limited tort" coverage.
At Fine and Staud, LLP, we recommend that all of our clients purchase full tort auto insurance coverage in Pennsylvania; if you buy limited tort coverage, you and other members of your household will not be able to recover for pain and suffering and other non-economic damages if you are injured in an auto accident unless you suffer a very serious injury or fall within one of the limited exceptions to limited tort.
At Fine and Staud, LLP, we recommend that everyone who can afford to purchase "full tort" coverage should buy it. In our experience, the small amount you save by choosing the limited tort option is not enough to compensate you for giving up your right to sue in most cases.
In Pennsylvania, vehicle owners must purchase either "full tort" or "limited tort" automobile insurance coverage. When you choose the "full tort option," you, your family and other resident relatives of your household will have the legal right to be compensated for pain and suffering if injured in a car accident, regardless of how serious the injury is. If you have full tort coverage, you, your family and other resident relatives of your household will be entitled to receive compensation for pain and suffering, medical bills, wage losses, loss of enjoyment of life, permanent injuries, scarring and spousal support from the negligent party who caused the injuries. Regardless of the severity of the injury, a person with full tort coverage has the right to sue the responsible party. Your choice of "limited tort" or "full tort" applies not only to you, but also to all resident relatives of your household, including your minor children. Your choice also generally applies when you are in someone else's vehicle as well. If you choose the "limited tort option," you only save about 10 percent on your insurance bill. In exchange for saving about 10 percent on your insurance bill, you give up your right to sue for pain and suffering - regardless of whether the other driver was at fault - unless:
- You suffered a "serious injury." Under the Pennsylvania Motor Vehicle Financial Responsibility Law, a "serious injury" is defined as a "Personal injury resulting in death, serious impairment of body function or permanent serious disfigurement." The Courts have consistently ruled that a "serious injury" means a very serious injury. In other words, whiplash injuries and other injuries that get better in a few months are not generally considered to be serious injuries and you give up your right to sue for pain and suffering if you chose the "limited tort option;"
- The other driver is convicted of driving under the influence of alcohol or a controlled substance or accepts ARD, which is a program generally given to first-time offenders;
- The other driver committed an intentional act which caused your injuries;
- The other driver was operating a vehicle that was registered in a state other than Pennsylvania;
- The other driver had no insurance. Of course, in that case, you probably will never be able to collect a judgment against the other driver - and if you file a claim against your own auto insurance company for uninsured motorist coverage, you will still be stuck with the limited tort option.
At Fine and Staud, LLP, we recommend that, in addition to full tort coverage, everyone who can afford to purchase uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage on their auto insurance policies should do so. Uninsured motorist coverage protects you in case you, your family and other resident relatives of your household are injured in an accident in which the responsible party was not insured. Underinsured motorist coverage protects you in case you, your family and other resident relatives of your household are injured in an accident in which the responsible party does not have enough insurance to compensate you for your injuries. Also, when you select uninsured and underinsured motorist coverage, ask for "Stacked Coverage," which allows you to get the largest recovery available to you.
At Fine and Staud, LLP, we have been advising clients about auto insurance and other matters since 1958. Our attorneys are familiar with Pennsylvania auto insurance law, and we can help you make the right auto insurance decision, and we can represent you when you are injured in an accident.
During the last decade, the attorneys at Fine and Staud, LLP have obtained millions of dollars of settlements and awards in car, bus, trolley and truck accidents.*
As always, at Fine and Staud, LLP, Clients Pay No Fees and No Costs Unless a Recovery is Made.
When you need an attorney to represent your interests in an auto, car, bus, truck or trolley accident, contact the Philadelphia personal injury lawyers of Fine and Staud, LLP at 215-665-0100
| Philadelphia Office: 1333 Race Street, Philadelphia, PA 19107 | Phone: 215-665-0100 | Fax: 215-665-1393 Media Office: 117 N. Olive Street, Media, PA 19063 | Phone: 610-566-4495 |
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