If you have limited tort on your auto insurance and you were in an accident, it is important to find out if an "exception" is available. There are five exceptions to limited tort in Pennsylvania. When you have limited tort on your automobile insurance policy in Pennsylvania, there are a few exceptions. If you fall under one of the exceptions, then you are entitled to pursue your claim as if you had full tort.
That is, without any restrictions on your ability to plead and prove pain and suffering/bodily injury damages.
The first exception is when you are a pedestrian or on a bicycle and you are hit by a car. Your car insurance policy will still provide you with medical coverage, but you are not limited tort (the reasoning by the court decisions was that you are not operating your car, so you shouldn't be bound by the tort option for operating a motor vehicle).
Another exception to limited tort is if you are an "occupant" of a "non-private passenger vehicle". This means that if you are either driving or a passenger in a business or commercial vehicle, it is an exception to your limited tort. You are full tort by exception. This would include company cars, being a passenger in a bus or other commercial vehicle.
A third exception can apply where the driver who is at fault that hit you is convicted, pleads guilty or placed onto ARD for Driving Under the Influence of alcohol or drugs. (NOTE: ARD is Accelerated Rehabilitative Disposition - a type of probation normally reserved for first-time offenders or those who don't have aggravated circumstances to the DUI incident).
A fourth exception is where the at-fault driver's vehicle is registered with a state other than Pennsylvania. So, if the driver's car is from another state, you are considered full tort by exception.
The fifth limited tort exception is where the at-fault driver is driving without car insurance. You therefore have a right to pursue a case against that person as if you were full tort. This is often difficult however because the personal may not have assets or may file bankruptcy.
NOTE: If you bring an underinsured motorist claim for excess damages under your own policy, the exceptions don't apply. The court's reasoning is that you have a contract with your own insurance carrier and the limited tort selection in the contract with them is binding on you.
If you have any questions about the application of the exceptions, you should consult with an experience personal injury lawyer. There may be case-specific issues that affect whether you meet one of the exceptions.
