In Pennsylvania, you have a choice of car insurance: you can choose full tort or limited tort. If you choose full tort, you may sue for pain and suffering when you are injured in an accident. If you choose limited tort, you may only recover the actual cost of your injury – unless you qualify for an exception. Because limited tort offers a discount on the monthly premium, most people choose limited tort.
If you have limited tort insurance, you know that if you get into a car accident, compensation for your accident is limited to your medical bills, lost wages and out-of-pocket expenses. But, what happens if you are injured in a bicycle accident?
Who Pays for Pennsylvania Bicycle Accident Injuries?
In Pennsylvania, bike accidents are covered by auto insurance. However, Pennsylvania’s no-fault rules don’t apply to bike crashes; PA bicycle accident injuries are covered by the insurance of the driver who is at fault for the accident. If no one is at fault, your injuries will be covered by your own auto insurance.
What Every Pennsylvania Bike Rider Needs to Know About Limited To
rt Insurance
As a bicyclist with limited tort auto insurance, you may believe that you are only eligible for compensation for your medical bills and lost wages. However, bicycle accidents are one of the few exceptions to limited tort coverage.
In 2004, the Pennsylvania Supreme Court ruled (L.S., a Minor v. David Eschbach, Jr., Inc., 844 A.2d 1215) that limited tort does not apply to pedestrians. Based on this decision, bicyclists are considered pedestrians because they are not operating or occupying a motor vehicle. Therefore, bicyclists are not bound by their limited tort insurance selection.
You need to know about this exception because the insurance companies don’t want you to know that you can claim damages for your pain and suffering. They won’t give you a fair, full tort settlement unless you and your attorney specifically request non-economic damages.
