Category: What is Limited Tort?

13 Dec 2016

Ten Common Questions

david-klineFor people who have been injured in an automobile accident, insurance issues and other legal concerns can create significant obstacles between obtaining justice. Sometimes, a seemingly big problem can deter a victim from filing a lawsuit in the first place – even when he or she would have had a strong case.

Ostroff Injury Law is committed to providing clients with the tools and knowledge necessary to help them make informed decisions about their individual situation. Below, attorney David B. Kline answers ten common questions people have asked the legal team.


23 Jul 2014

Quick Course in Pennsylvania Limited Tort

The insurance adjuster, and perhaps another lawyer with whom you spoke, have scared you. They have made you believe that you will be unable to recover damages for the significant pain and suffering that you are experiencing simply because you chose to purchase limited tort insurance. (more…)

22 Mar 2014

Limited Tort May Not Mean What Your Insurance Adjuster Says it Means

You were injured in a Pennsylvania accident and you have limited tort insurance. That is about all that is agreed upon by you and the insurance adjuster assigned to your case. The insurance adjuster is arguing that you are not entitled to a recovery because of the limited tort insurance, but you think otherwise. The first attorney you talked to seemed to agree with the insurance adjuster, but you still aren’t convinced.

It is Time to Call an Experienced Limited Tort Lawyer!

There are exceptions to limited tort law in Pennsylvania that may allow you to meet the limited tort threshold and get the recovery that you deserve. If you have been hurt then you owe it to yourself to find out the truth about your possible limited tort recovery and to fight for the recovery that you deserve. Please allow us to fight for you as we have for so many other limited tort clients in the past. Call us today at (800) 861-5696.

08 Feb 2014

Understanding the Pennsylvania Limited Tort Threshold

If you carry Pennsylvania limited tort car insurance and you are hurt in an accident then you need to understand your legal rights and possible recovery. Generally, you can recover for your economic damages, such as your health care expenses, but not for your pain and suffering unless you meet the limited tort threshold in PA.

This is the secret that many insurance adjusters keep from Pennsylvania limited tort victims. They do not want you to know that:

You Can Recover Full Tort Damages if You Meet the Pennsylvania Limited Tort Threshold


07 Dec 2013
Bik Exception

Bike Accident Injuries: Full Tort or Limited Tort?

The Insurance Exception That Every Pennsylvania Bike Rider Should Know About

When it comes to safety, bicyclists are at a disadvantage. There are no airbags, no steel frame, and no crumple zones to protect a bicyclist in an accident. Even the best helmet offers little protection against 3,500 pounds of steel moving at 40 miles per hour. When car hits a bicycle, it’s the bicyclist that is going to get hurt. This is why Pennsylvania drivers have a duty of care towards bicyclists.

A “duty of care” means that drivers must watch for bicyclists and take special care to reduce the risk of an accident.  This doesn’t mean that every Pennsylvania bicycle-car accident is the driver’s fault. Bicyclists also have a duty to follow traffic laws and do their best to stay safe. (more…)

08 Nov 2013

Free Book: PA’s Limited Tort Option

limited tort lawyers Do you have questions about limited tort? Pennsylvania limited tort attorney Jon Ostroff has answers for you.

Over the past 20 years, Attorney Jon Ostroff has helped more than 20,000 Pennsylvania accident victims – many of whom had limited tort car insurance. He does not shy away from limited tort cases; rather, he enjoys them and fights hard for the fair and just recovery of limited tort accident victims. His success is documented by the millions of dollars he has recovered over the years for limited tort clients and by his Preeminent A/V rating by Martindale Hubbell. (more…)

17 Aug 2013

Is Your Injury Serious Enough to Qualify for a Pennsylvania Limited Tort Exception?

As you struggle with the physical pain and practical problems of being injured in a Pennsylvania car accident, you may be alarmed to find out that you have limited tort insurance. The insurance adjuster who contacts you may explain that you are only entitled to damages for non-economic damages such as pain and suffering if you have suffered a serious injury. Technically, this is true.

However, what the insurance adjuster is unlikely to tell you is that the Pennsylvania courts haven’t always agreed on what the phrase “serious injury” means. Instead, the insurance adjuster may try to convince you that only the most serious injuries entitle you to compensation. (more…)

10 Aug 2013

Will an Insurance Company Provide a Fair Settlement if I Have Limited Tort Coverage?

You understood what you were getting into when you purchased limited tort car insurance. You knew that your claims for pain and suffering may be denied unless you qualified for a limited tort exception. However, you also expected that your claims for medical expenses, lost income and other economic losses would be covered if you were hurt in an accident. That was the contract you entered when you signed the papers for limited tort coverage.

Now that you have been in an accident, however, the insurance company does not seem to want to honor that contract. They are pushing you to settle for less than your case is worth. (more…)

17 Jul 2013

What PA Motorcyclists Should Know About Limited Tort in Pennsylvania

Riding a motorcycle is risky. If you are involved in an accident then you may sustain serious injuries because you lack the protective metal, airbags and other safety features that are common in passenger cars.

However, there is one risk that you may not have to take and that is the risk of getting a limited recovery due to limited tort insurance. While Pennsylvania motorcyclists may be required to purchase full tort insurance, there may be situations when a person with limited tort insurance is hurt on a motorcycle.

In those situations, it is important to know that a Pennsylvania limited tort exception exists that may allow the injured person to collect full tort damages for his or her motorcycle accident injuries. Specifically, Pennsylvania law has an exception that allows a person with limited tort insurance to recover full damages if he or she is hurt while in (or on) a vehicle other than a private passenger motor vehicle. A motorcycle may not be a private passenger vehicle according to the legal definition and the injured motorcyclist or motorcycle passenger may be able to recover damages.

If you have been hurt in a PA motorcycle accident then it is important to know your rights and to speak with an experienced Pennsylvania limited tort lawyer about your legal options and potential recovery.

29 May 2013

Is a PA Limited Tort Settlement Possible?

If you have been injured in a Pennsylvania car accident and you have limited tort car insurance, your recovery may, or may not, be limited. Limited tort insurance allows you to recover the same damages for your economic losses, such as medical expenses and lost income, as full tort insurance. The difference comes in the potential recovery for non-economic damages such as pain and suffering. Yet, if your case qualifies for one of the limited tort exceptions that you can also recover the same non-economic damages as you would’ve been able to recover with full tort insurance. (more…)