Limited Tort in PA question

[dain3]

I was in a accident and have limited tort. The DRIVER at fault had no liscense or insurance. His passenger was the owner of the car and she has insurance on her car. My question is can I claim full tort since the at-fault DRIVER has not maintained the financial responsibility required by Pennsylvania law.

 

[iggy367]

Catch 22

I am just a law student but my understanding is that you are out of luck. Since the owner of the car had the car insured, she is responsible for the car and who she lets drive it, so your limited tort would apply. Though you now have 2 people to go after. On the flip side your own policy would still pay for at least the first $5,000 of your injuries and if the owners liability coverage is minimal then you can go back to your own underinsured motorists coverage. Limited Tort is supposed to be applied to your specific situation. So for you, your injury may be considered a "serious injury". For an example, a stenographer may break her hand or fingers and couldn't work for 6-months because she relies on her hands for her job. Get an attorney to be sure, there may be a precedent that relates to your situation.

 

[dain3]

Thanks iggy367

I was in a accident and have limited tort. The DRIVER at fault had no liscense or insurance. His passenger was the owner of the car and she has insurance on her car. My question is can I claim full tort since the at-fault DRIVER has not maintained the financial responsibility required by Pennsylvania law.

Thanks iggy367!!!! Your answer clears up all my questions.