May I have a tort with my coffee, please?

To many, a tort sounds more like a French pastry than a legal term of art.  Black’s Law Dictionary, however,  defines a tort as “a private or civil wrong or injury.”

When purchasing automobile insurance in the Commonwealth of Pennsylvania, consumers are left to make many decisions.  Perhaps the single most important decision is the selection of a tort option.  Under Pennsylvania Law, automobile insureds must select either Full Tort or Limited Tort coverage.  That selection has a profound effect on the legal rights of not only the named insured, but also all relatives living with that individual.

For example, when I select Full Tort on my automobile insurance, I am also selecting Full Tort for my wife and two children simply by virtue of the fact the we are related and reside together.

Also, as I often tell my clients, your tort selection is like a coat or shirt that you wear.  It follows you everywhere.  If you select Limited Tort on your personal automobile insurance policy that selection follows you.  It’s with you when you’re driving your car and even when you’re a passenger in a friend’s car.

What do Full Tort and Limited Tort mean?  Well, it’s somewhat complicated.  The general rule, however, is that when you select Limited Tort on YOUR automobile insurance policy, you’ve effectively GIVEN UP THE RIGHT to be compensated for pain and suffering from an AT-FAULT-DRIVER’S automobile insurer.

There are a number of exceptions to that general rule, and simply because you have Limited Tort coverage does not necessarily mean you cannot be compensated for your injuries.  For more information regarding those exceptions and the distinction between Full Tort and Limited Tort coverages, please contact the legal team at Handler, Henning & Rosenberg, LLP.

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