What Are the Exceptions to Limited Tort in Pennsylvania?

This guide explains the exceptions to limited tort in Pennsylvania and when an injured driver may still seek compensation for pain and suffering after a car accident.

Quick Answer

Yes. Pennsylvania law recognizes several important exceptions to Limited Tort. If one of those exceptions applies, a driver who selected Limited Tort may still be able to seek compensation for pain and suffering after a car accident. Whether an exception applies depends on the facts of the crash, the injuries involved, the available insurance coverage, and Pennsylvania law.

Key Takeaways

• Limited Tort does not eliminate every legal right. Pennsylvania law recognizes important exceptions.
• The serious injury exception is one of the best known. Whether it applies depends on the specific facts and medical evidence.
• Other exceptions may also apply. Certain accidents involving uninsured drivers, impaired drivers, or out-of-state vehicles may be treated differently under Pennsylvania law.
• Every accident is unique. Determining whether an exception applies requires evaluating the facts of the collision.
• Do not assume you have no claim. Choosing Limited Tort does not automatically prevent recovery for pain and suffering.

What Is the Serious Injury Exception?

One of the most frequently discussed exceptions involves a serious injury.

Pennsylvania law provides that, under certain circumstances, a person who selected Limited Tort may still pursue compensation for pain and suffering if the injuries satisfy the legal standard established by Pennsylvania law.

Whether an injury meets that standard depends on the medical evidence, the facts surrounding the accident, and how Pennsylvania courts have interpreted the law. Not every injury automatically qualifies.

Are There Other Exceptions?

Yes.

Depending on the circumstances, Pennsylvania law recognizes additional situations where the normal Limited Tort restrictions may not apply.

Examples may include accidents involving:

• an uninsured driver;
• an out-of-state vehicle;
• an impaired or intoxicated driver;
• certain commercial vehicles; or
• other situations recognized under Pennsylvania law.

Every accident is different, and whether an exception applies depends on the specific facts and the applicable law.

Why Do These Exceptions Matter?

If one of Pennsylvania’s recognized exceptions applies, a person who selected Limited Tort may still have the right to pursue compensation for pain and suffering that otherwise might be unavailable.

Determining whether an exception exists often requires reviewing:

• how the accident occurred;
• who was involved;
• the insurance policies that may apply;
• the medical evidence; and
• the applicable provisions of Pennsylvania law.

Understanding these issues early may help you better understand your legal rights and available insurance options after an accident.

Common Exceptions to Limited Tort in Pennsylvania

While every accident is different, Pennsylvania law recognizes several situations in which a person who selected Limited Tort may still be able to pursue compensation for pain and suffering. Whether an exception applies depends on the specific facts, the available evidence, and Pennsylvania law.

The following examples are intended for educational purposes only. Whether a Limited Tort exception applies depends on the specific facts of each accident.

Some common examples include:

• Serious Injury – Pennsylvania law recognizes an exception when an injured person meets the applicable legal standard for a serious injury. Whether this exception applies depends on the medical evidence and the facts of the case.
• Uninsured Driver – If the at-fault driver does not carry the automobile insurance required by Pennsylvania law, Limited Tort restrictions may not apply.
• Out-of-State Vehicle – In certain circumstances, an accident involving a vehicle registered outside Pennsylvania may qualify for an exception.
• Impaired Driver – If the at-fault driver was operating a vehicle while under the influence of alcohol or drugs, Pennsylvania law may provide an exception to Limited Tort.
• Other Statutory Exceptions – Pennsylvania law recognizes additional exceptions that may apply depending on the circumstances of the accident and the insurance coverage involved.

No two accidents are exactly alike. Determining whether one of these exceptions applies requires reviewing the specific facts, the available insurance policies, and the applicable provisions of Pennsylvania law.

Because these exceptions can significantly affect your legal rights after an accident, understanding whether one applies is often one of the most important issues in a Pennsylvania automobile insurance claim.

Questions About Limited Tort Exceptions?

Many people believe that selecting Limited Tort automatically prevents them from bringing a claim for pain and suffering. That is not always true. Pennsylvania law recognizes important exceptions, and understanding whether one applies begins with carefully reviewing the facts of the accident and the available insurance coverage.

Contact The Oakes Firm for a Free Car Accident Consultation

Related PhillyLegalConnect Resources

Continue learning with these educational guides and Quick Answers from PhillyLegalConnect:

• What Is Limited Tort in Pennsylvania?
• What Is Full Tort in Pennsylvania?
• Can I Sue With Limited Tort in Pennsylvania?
• Who Pays My Medical Bills After a Car Accident in Pennsylvania?
• Who Pays My Medical Bills After an Uber Accident?
• Do I need a Lawyer After an Uber Accident?
• The Insurance Company Wants a Recorded Statement. Do I Have to Give One?
• I Was Rear-Ended. Do I Need a Lawyer?
• My Neck Hurts After a Car Accident. Should I See a Doctor?
• The Philadelphia Injury Playbook
• Philadelphia Neighborhood Safety Guide

What To Do Next

• Review your automobile insurance declarations page to determine whether you selected Limited Tort or Full Tort.
• Preserve your accident report, photographs, medical records, and other important documentation.
• Do not assume Limited Tort automatically prevents you from recovering pain and suffering damages.
• Learn whether one of Pennsylvania’s recognized exceptions may apply to your situation.
• Keep copies of all correspondence from insurance companies.
• Understand your rights before making important decisions about your claim.