In Pennsylvania, Does My Limited Tort Option on My Car Insurance Apply if I Was Hit as a Pedestrian?
March 8, 2011 By Wolpert Schreiber P.C.
In the Commonwealth of Pennsylania, if you were hit by a car while a pedestrian, your tort option selection on your auto insurance does not apply. You are considered full tort for purposes of this accident. In Pennsylvania, the law is that as a pedestrian, your "tort" option selection on your car insurance should not apply. It is considered an exception to limited tort.
You are therefore permitted to pursue a claim for bodily injury (pain and suffering) and do not have to meet the limited tort threshold ("serious injury" which is defined as "serious impairment of body function"). The at-fault insurance company can't use "limited tort" as an excuse to refuse to pay or otherwise deny your claim.
The Pennsylvania legislature created the tort selection requirements for the apparent purpose that it was a way to contain costs arising from insurance in the use of a motor vehicle. So, the court cases reviewing this issue where a pedestrian is hit by a car have reasoned that if you are walking, you obviously aren't using your motor vehicle.
Therefore, the purpose for limited tort as stated by the legislature (containing costs associated with operating your motor vehicle) is irrelevant. So, by saying this is an "exception", it means that you are not stuck with having to meet the limited tort standard (which requires proof of a "serious injury" before you can receive any compensation for your injuries). You will still be required to prove that the driver of the car was at-fault.
ABOUT THE AUTHOR: David E. Schreiber
David has been an Attorney since 1994. His emphasis is on Personal Injury. These include: insurance claims, motor vehicle accidents, slip and fall injuries, full tort, limited tort, wrongful death, drunk driving accidents, dog bites, unfair trade practices/consumer protection and defective products. He has successfully handled hundreds of cases, including complex litigation in Federal and Pennsylvania Courts.
He began his career as a State’s Attorney with the "Governor's Law Firm", the Office of General Counsel. He represented the Commonwealth in civil actions, including winning cases on appeal.
He has been representing injury victims since 1998 when he went from Government Service to Private Practice. David is honored to help people to solve their problems. His goal is to seek truth and accountability, while working as hard as possible for clients. David has obtained over $7 million in recoveries for clients over 5 years.
Copyright Wolpert Schreiber P.C.
More information about Wolpert Schreiber P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The Pennsylvania legislature created the tort selection requirements for the apparent purpose that it was a way to contain costs arising from insurance in the use of a motor vehicle. So, the court cases reviewing this issue where a pedestrian is hit by a car have reasoned that if you are walking, you obviously aren't using your motor vehicle.
Therefore, the purpose for limited tort as stated by the legislature (containing costs associated with operating your motor vehicle) is irrelevant. So, by saying this is an "exception", it means that you are not stuck with having to meet the limited tort standard (which requires proof of a "serious injury" before you can receive any compensation for your injuries). You will still be required to prove that the driver of the car was at-fault.
ABOUT THE AUTHOR: David E. Schreiber
David has been an Attorney since 1994. His emphasis is on Personal Injury. These include: insurance claims, motor vehicle accidents, slip and fall injuries, full tort, limited tort, wrongful death, drunk driving accidents, dog bites, unfair trade practices/consumer protection and defective products. He has successfully handled hundreds of cases, including complex litigation in Federal and Pennsylvania Courts.
He began his career as a State’s Attorney with the "Governor's Law Firm", the Office of General Counsel. He represented the Commonwealth in civil actions, including winning cases on appeal.
He has been representing injury victims since 1998 when he went from Government Service to Private Practice. David is honored to help people to solve their problems. His goal is to seek truth and accountability, while working as hard as possible for clients. David has obtained over $7 million in recoveries for clients over 5 years.
Copyright Wolpert Schreiber P.C.
More information about Wolpert Schreiber P.C.
View all articles published by Wolpert Schreiber P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
