Loophole

[Sinamenone]

What is the name of your state?PA
I was hit last February, my '92 Subaru Loyale was totalled. I had limited tort, because I couldn't afford full tort. Of course the insurance company is fighting the lawsuit filed by me & my 2 passengers. We've all suffered from serious injuries. Is this full vs. limited tort plea foolproof? Will we not be awarded compensation because I couldn't afford full tort? Thanks

 

[Meatcutter]

PA is very tough on full tort and limited tort cases.

If you have limited tort you are unable to file for pain and suffering unless your injuries are considered serious:

Death, impairment of a body function, or serious disfigurement.

In this case unless your injuries fall under one of these three cases then you can't file for pain and suffering. If you look at the cases in the courts on Limited tort exemptions you will find that it takes alot to qualify injuries as serious. Ex. Normal fractures of body, herniations, and disc bulges in back alot of times will not qualify.