Tort Options
Many of our clients ask us to explain the difference between limited and full tort.
Full Tort provides you with the option to litigate and seek damages for any injury you sustain in an auto accident that is someone else’s fault. You will still have to prove fault and damages. Full tort costs more then limited tort.
Limited Tort provides a limited right to litigate and seek damages. You have to be seriously hurt in order to sue. However, the advantage is the price for a limited tort policy is less then a full tort policy.
Which should you chose?
This is a great question. Under Pennsylvania law, agents do not have the authority to make the choice for you. You must make the choice. Here are a few questions you should ask yourself that may help reveal which option is best for you.
Would you sue someone if you sustained only minor injuries in an auto accident? If you say “no”, then you should consider limited tort.
Would you like to maintain the right to sue someone that hurt you in an auto accident even if you were not seriously hurt? If you think your answer is “yes”, then you should consider purchasing full tort.
Are you having difficulty paying your bills from month to month? If “yes”, then you should consider limited tort.
Do you generally have a surplus amount of money left over after you have paid your monthly bills? If “yes”, then you should consider full tort.
You should consider the following additional factors.
You may change your tort option in the future.
You should discuss with your attorney any questions you have about your right to sue. While agents are familiar with the general principles in the law, no agent can be a substitute for the sound legal advice you should seek from your attorney.
Lastly, please keep in mind this letter is just a general description of the general issues regarding your options. Please keep in mind you should read your policy and seek legal advice from your attorney. Estimates on savings or costs may vary when the actual policy is issued. These are intended only as a general guide.
Please feel free to contact us if you have any more questions. I am also enclosing a few things some of our clients have said and their reasons for making the decision. I hope it will further help you.
J.D. Insurance Inc.
Here are some things clients have said regarding
their choice
“I am 82 years old. At my age I couldn’t live through the stress of suing someone.” She chose limited tort.
“I want the right to sue for any reason at all even if I only have minor injuries.” He chose full tort.
“We are not the suing type.” They chose limited tort.
“I am on a fixed income. Between my property taxes and prescription drugs, I would rather save the $40 a year and take limited tort.”
“For $160 a year, I would rather pay for full tort just in case one of my kids were hurt.” This family took full tort on all 4 automobiles.
“Who is to say what is a serious or non serious injury? I want to keep my right to sue.” She chose full tort.
“What’s the big deal? If I am seriously hurt I can sue anyway. I wouldn’t sue if I were not seriously hurt.” This person took limited tort.
“I can barely afford my auto insurance and auto payments especially with my bad driving record. I will take the limited tort and save the premium.” This young person took limited tort.
These quotes are paraphrased quotes of the many people and many statements our clients have made over the many years we have serviced local families. We are only providing them to you so you can see what conclusions others have come to and their reasons why.
