Limited Tort vs Full Tort

By January 8, 2019 January 10th, 2019 Personal Insurance

One of the basic decisions you have when picking auto coverages is whether you want limited tort or full tort. These options are referring to your ability to sue and seek compensation for your injuries caused by another driver. Whether you choose limited tort or full tort you and your household members can seek recovery for all medical and other out of pocket expenses from the at fault driver. Full tort allows you to seek further compensation for pain and suffering and other non-monetary damages. Limited tort does not allow you to seek further compensation for pain and suffering and other non-monetary damages. Limited tort “limits” your ability to sue for anything beyond medical and out of pocket expenses. For this reason, limited tort is the lesser expensive option on your auto policy.

However, there are seven scenarios where an individual who selected limited tort can seek full tort settlement:

  1. If the injuries you sustain are considered “serious” (meaning an injury resulting in death, serious impairment, or permanent serious disfigurement)
  2. If the at fault driver is convicted or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol
  3. If the at fault driver is operating a vehicle registered in another state
  4. If the at fault driver intends to injure themselves or another person
  5. If the at fault driver has not maintained financial responsibility
  6. When a claim for a motor vehicle defect is made against a person in the business of designing, manufacturing, repairing, or servicing a vehicle
  7. If you are injured as an occupant of a commercial vehicle