PA. Limited Tort "Accident" Question

[TY1360]

Limited Tort

I was involved in an accident last week. The other driver ran a red light and totalled my car and injured me and my passenger.

Question: Can I recover pain and suffering damages [having only limited tort in Pa.] using the "intentional" defense?



Right to sue in PA.

If you chose the "limited tort option," you can sue only for the actual economic losses you have sustained that are not covered by your automobile insurance or other insurance. However, if you have sustained a personal injury resulting in death, serious impairment of a body function, or permanent serious disfigurement, you may sue for your pain, suffering, and other losses. Also, if you elect the limited tort option, you may still recover for pain, suffering, and other losses if the negligent driver was drunk, was driving an out-of-state vehicle, or injured you intentionally. You can also sue if you were an occupant of a vehicle not a private passenger car or if you are suing a business responsible for a motor vehicle defect that caused your injury.

 

[zippysgoddess]

Who had only limited tort? You or the other drive? If you did, and they were at fault so you are collecting from them, it doesn't matter what kind of insurance you had, it matters what kind they had!

 

[Meatcutter]

Who had only limited tort? You or the other drive? If you did, and they were at fault so you are collecting from them, it doesn't matter what kind of insurance you had, it matters what kind they had!

Wrong!

PA law requires that when you purchase an auto policy you elect a tort option. If you elect limited tort, then you cannot pursue pain and suffering unless your injury qualifies as SERIOUS (see above explanation). In this case since Limited tort was elected she would not be able to pursue pain and suffering only out of pocket expenses.

In response to TY1360: good luck proving intentional act. You basically are going to need the other driver to say on a statement that he was trying to hit and injury you, on purpose. First off, it'll never happen. Second off, his insurance comany would deny coverage if it was an intentional act and then you wouldn't be able to collect anything.

 

[zippysgoddess]

Yeah, your late, TY1360 already sent me the relevant law on that. I didn't know that.

 

[Meatcutter]

Yeah, your late, TY1360 already sent me the relevant law on that. I didn't know that.

No sweat, we can't know the laws for every state, thats why were all here.

 

[zippysgoddess]

LOL! Actually I am in Pa. I just don't drive, so I don't know all the laws, I have never had my license.

 

[Meatcutter]

LOL! Actually I am in Pa. I just don't drive, so I don't know all the laws, I have never had my license.

LOL! Good stuff.