Full Tort Coverage Makes it Easier to Receive Compensation for Pain and Suffering
Choosing between full tort and limited car insurance can be intimidating. Our Partner and experienced personal injury attorney, Bradley R. Cornett, explains the difference between full tort and limited tort coverage.
If a person is in an accident that was the fault of another, full tort coverage allows that individual to make a claim for pain and suffering. The injuries DO NOT have to be severe to recover damages. You must prove that you were in fact injured. Your injuries could be soft tissue injuries such as whiplash, back pain, and/or headache.
A person who elected limited tort also has the right to receive damages for pain and suffering. However, there are a few exceptions, including if a person with limited tort coverage incurs serious injury from the accident. There is no bright line rule for what injuries are considered serious and it is a high bar to prove. That is where an experienced attorney comes in to evaluate your case if you have chosen the limited tort option.
Additional exceptions where limited tort insurance selection can recover pain and suffering is if the wrongdoer who hits you is operating an out-of-state vehicle. It is important to always take a photo of the license plate of any vehicle that comes into contact with a car you are driving or riding in as a passenger. If the vehicle is an out-of-state vehicle, your limited tort selection is changed to full tort coverage.
Also, if a drunk driver injures you, your limited tort will become full tort coverage. This applies when you are the driver of a separate vehicle who was struck or if you were a passenger in a vehicle that was struck.
Finally, if you are driving or riding in a commercial vehicle, your limited tort coverage will become full tort in the event of an accident. This applies to driving company cars/trucks, and riding on buses and other public transportation.
Why is it Important to Work with an Experienced Attorney?
If you selected full tort for your coverage, you deserve the maximum amount for your pain and suffering, and you will need an experienced attorney to advocate for you. We unfortunately have heard time and time again from our clients who have settled past cases themselves directly with the insurance company that they accepted offers that were thousands and even tens of thousands of dollars too low than if they had an experienced and knowledgeable attorney to advocate on their behalf.
If you selected limited tort for your coverage and must prove a limited tort exception applies to your case, again you will need an experienced attorney to do so.
To speak with an experienced personal injury attorney, contact us today by calling (215) 750-0110. We provide free consultations.
Written by Bradley R. Cornett, Partner at Begley, Carlin & Mandio LLP
Bradley focuses his practice on representing injured victims in all types of personal injury claims, with a particular concentration in the areas of automobile and truck accidents, slip and fall, and products liability. Mr. Cornett graduated from Indiana University-Bloomington in 1996 obtaining a Bachelor of Arts Degree in Environmental Science and Criminal Justice. He went on to obtain his Juris Doctor degree from Western Michigan University (Thomas M. Cooley) graduating in 2001.