Limited Tort Exceptions

Published on April 12, 2011 By Jon Ostroff

Insurance companies want you to believe that your limited tort insurance policy prevents you from recovering pain and suffering damages and money for your Pennsylvania car accident injuries.

This is often misleading and wrong.

Think about it, what incentive does the insurance adjuster have to tell you that they owe you money? As a Pennsylvania car accident law firm, we have helped hundreds of limited tort clients get compensation for their auto accident injuries. See some examples of these recoveries.

In many cases, we are able to help limited tort clients because we know how to uncover and prove limited tort exceptions. Even when an automatic exception like those listed below doesn’t apply, we have found a way to prove and win limited tort cases for my clients.

Six Pennsylvania Limited Tort Exceptions That May Allow You to Recover Full Damages

Pennsylvania law recognizes specific exceptions to limited tort coverage that will allow an auto accident victim to recover full damages for their injuries, even though the accident victim chose limited tort on their insurance policy.

Many of our clients have been able to recover pain and suffering damages because we can prove one of the following exceptions to limited tort:

  1. You were on a motorcycle when you were hurt.
  2. You were a pedestrian when you were hurt.
  3. You were a passenger on a bus, truck, taxi or other commercial vehicle when you were hurt.
  4. The driver who caused the accident is convicted of drunk driving (DUI).
  5. The driver who caused the accident was operating a vehicle that is registered in a different state than Pennsylvania.
  6. You suffered injuries that have resulted in a serious impairment to a significant bodily function.
    • This serious injury exception is the most difficult to prove, because it’s not automatic like exceptions 1-5 above. Still, we have proven a serious injury in many of our limited tort cases. It is this exception that we have used more often than any other to get a recovery for our limited tort clients.
    • This serious injury exception is the one that the insurance companies don’t want to tell you about!
    • This serious injury exception is the one that most often scares other attorneys away from wanting to help limited tort clients… because they don’t want to risk losing a case and not being paid. If Ostroff Injury Law commits to litigating your case, it’s because we believe we can win for you. We are not afraid to take on the insurance company!

As an Experienced Pennsylvania Car Accident Attorney, Jon Ostroff Can Help You Get the Right Money for Your Injuries
Many lawyers won’t represent a limited tort client. Others don’t know the right way to do it! Jon Ostroff helps clients with limited tort insurance coverage get the money they are entitled to!

Whether our firm is the first law firm you call, or you have already spoken to other attorneys who won’t represent you because you have limited tort, contact us today for a free consultation. We only get paid if we recover money for you.