Limited Tort Insurance

[jamielee]

What is the name of your state? Pennslvania

I was rear ended by a drunk driver. I had physical therapy for 6 days a week for three weeks and am still continuing with p.t. for herniated disc and more. I have not been able to work for over a month and my doctor is saying I may only return part-time when that time comes. My insurance will only pay $10,000 in medical insurance. I've been told because I have limited tort insurance I gave up my right to pursue for pain and suffering. Is there any way it is possible because the driver was arrested for D.U.I. that I may still have a case?

 

[ProResearch]

Research is good In this day and age, everyone should learn how to use WEB SEARCH sites or search web sites!!! lol on this site you can try the FAQs (Frequently Asked Questions) or Search icons next to Forum Features!

So I had never heard of "limited tort" insurance, until I read your post. I did a search on www.google.com... which you can do too. Amazingly, this very web site came up:

https://accident-law.freeadvice.com/auto/limited_tort.htm

Although the above-referenced web page doesn't list the "exceptions" and it would seem you are correct in that a car wreck involving a DUI for the at-fault driver would make you eligible for pain and suffering on your claim. However, with these types of conflicts, namely, driver with DUI and the injuries you list plus your limited recovery and return to work, you should be heading for a consultation with a good personal injury attorney (with settlement and trial experience) like pronto.

Here are just a couple of web sites that talk about the "exceptions" to limited tort insurance that would enable one to claim pain and suffering:

http://www.autoaccidentlegalcenter.com/insurance_law/exceptions.html

http://www.scherlinelaw.com/personal.html

Disclaimer: I do not know the law firms or web sites mentioned. I am only referencing the information contained on the web pages and not advocating hiring any mentioned attorneys or their firms. It is up to you to verify the information on the web page is accurate by talking with your own attorney.

Good "luck" to you!

 

[jamielee]

Limited tort

I have since made sure I have full tort insurance and hope that this posting has enlighten others to understand the difference and make the right choice. I've spoken with an attorney who has told me we can move forward with the case due to the D.U.I. Thanks so much for the web sites. I found them quite informative.