When you’re hurt in an automobile accident in Pennsylvania, your ability to sue another driver for damages depends in large part on the type of insurance you have elected to carry. Pennsylvania’s hybrid no-fault insurance law allows drivers to choose between "full tort" and "limited tort" insurance coverage. These options have a great bearing on your legal rights following an accident.

Under Pennsylvania’s hybrid insurance system, drivers must decide between full tort and limited tort coverage when purchasing their auto insurance. This decision affects their ability to seek compensation for pain and suffering and other non-economic damages.

• Full tort coverage —This option gives you unrestricted rights to sue the at-fault driver for all damages, including non-economic damages like pain and suffering, regardless of the severity of your injuries. If you opt for full tort, you maintain your right to pursue comprehensive legal action without any limitations, making it the more flexible but more expensive option.

• Limited tort coverage —With this option, you generally cannot sue for non-economic damages unless your injuries meet certain criteria. Limited tort coverage is less expensive, but it restricts your ability to recover for pain and suffering unless you suffer serious injuries, such as significant disfigurement, dismemberment, or death. The trade-off is a lower premium cost in exchange for limited legal recourse.

If you have limited tort coverage, you can only bypass its restrictions if your injuries are classified as "serious" under Pennsylvania law. The law’s definition of a serious injury includes substantial physical impairment or disfigurement, but proving that your injuries meet this threshold can be challenging. This is where the assistance of an experienced automobile accident attorney becomes invaluable.

Regardless of the type of tort option chosen, all Pennsylvania drivers must carry first-party benefits (FOB) as part of their no-fault coverage. These benefits pay for medical expenses, lost wages and other related costs up to the limits of your policy, regardless of who caused the accident. FOB is designed to provide quick compensation to injured drivers without the need for lengthy litigation.

Whether you need to file a claim under your insurance policy or pursue litigation against an at-fault driver, having skilled legal representation can make a significant difference in the outcome of your case. An experienced automobile accident attorney can help you understand your insurance coverage, evaluate the severity of your injuries and develop a strategy to pursue the maximum compensation available to you. 

Phil DiLucente & Associates, LLC in Pittsburgh assists Pennsylvanians who have been hurt in car accidents and in collisions involving other types of vehicles. Please call 1.800.GET.PHIL or contact us online to make an appointment for a free initial consultation.