Simply put, Pennsylvania's tort insurance allows the injury victim to be compensated following a car accident in Pennsylvania. Pennsylvania is a “choice no-fault” insurance state. This means the driver is given the choice of either a no-fault insurance policy or an at-fault insurance policy.
The Four Elements of a Tort The accused had a duty, in most personal injury cases, to act in a way that did not cause you to become injured. The accused committed a breach of that duty. An injury occurred to you. The breach of duty was the proximate cause of your injury.
In Pennsylvania, insurance companies offer full tort coverage, which gives covered individuals the right to sue in court for full damages, and limited tort coverage which restricts the ability to sue for pain and suffering.
The more expensive full tort option places no restrictions whatsoever on the right to seek financial compensation for bodily injury. Limited tort, on the other hand, is less expensive. But by paying less for your premiums, you are limiting your right to monetary recovery for “serious” injuries only.
In Pennsylvania, tort cases are civil lawsuits, also known as personal injuries or damages. This law gives grounds for an individual to file a lawsuit against another individual or company due to harm or injury incurred by the plaintiff.
Torts fall into three general categories: Intentional torts (e.g., intentionally hitting a person); Negligent torts (e.g., causing an accident by failing to obey traffic rules); and. Strict liability torts (e.g., liability for making and selling defective products - see Products Liability).
The Pennsylvania Tort Claims Act revokes sovereign immunity in enumerated instances of negligence. The law governing municipal liability in Pennsylvania is similar, making the government entity liable to the same extent a private person would be in those situations.
However, if you have the funds and want to ensure you can get a full compensation if you are ever in an accident, go with full tort. Choosing carefully when hiring a personal injury lawyer is crucial to ensure your case is successfully heard.
In Pennsylvania, insurance companies offer full tort coverage, which gives covered individuals the right to sue in court for full damages, and limited tort coverage which restricts the ability to sue for pain and suffering.
Many Pennsylvanians are led to believe that limited tort mean they cannot sue for “non-economic damages” (bodily injury causing pain and suffering, loss of life's pleasures and embarrassment and humiliation. Fortunately, that is simply not true. Limited tort does NOT take away your right to sue.