Choosing a Tort Option on Your Pa Auto Insurance

The most important choice you will make when purchasing you Pa auto insurance is the tort option. Limit your right to sue for pain and suffering or not?
You've been injured in a automobile accident. Your child in the backseat has also suffered an injury. Neither of these injuries would be considered life threatening or permanent. The other driver ran a red light and admitted it was his fault, he just wasn't paying attention.Under Pa auto insurance laws, you could now be entitled to a settlement for your injuries. A settlement for your pain and suffering which is over and above your medical bills and other out of pocket expenses. Will you receive a payment?

When you purchased your auto insurance you chose a tort option. Depending on the type of purchase and the agent, you may or may not remember having the option explained in detail. This option will be the deciding factor in whether or not you are offered a settlement or you have to pursue legal action and fight for a settlement. Understanding the tort choices may help you avoid the frustration of finding out you signed away your rights and the rights of your children after its too late.

Full Tort
Full tort is the most expensive option. This is the option your counsel will be hoping you chose. Under this option, your pa auto insurance policy will provide you with the option to recover a settlement for any injury no matter how minor. Pa state law says that the insurer for the "at fault" party in the accident must offer you a settlement for your pain and suffering. No lawyers, no hassle, they are required to evaluate the medical costs and make an offer. Of course you are not obligated to accept their offer and may choose to fight for a higher settlement. This tort option applies to your entire family or what is referred to as the "first party" in your pa auto insurance policy.

Limited Tort
Limited tort is the alternative option. By far the most popular option in the state. This option is normally 10-15% cheaper than the full tort option. Whether its the cost savings or the personal choice of the client this option needs to be fully understood. Using the same accident scenario as above. If it is determined that your injuries are not "serious and permanent" you will not be offered any payment for "pain and suffering".Under the Pa auto insurance law there are only two sets of circumstances that will allow you to collect payment. First would be if the other driver was from out of state. Since Pa insurance law gives visiting out of state drivers full tort, then you are granted the same priviledge. The other case would be if the other driver was determined to be operating his/her vehilce while under the influence of drugs or alcohol. These two exceptions are the only stipulations that will restore your right to recover. Of course you always have the option to hire a lawyer and try to prove your case in court at your expense.

I've found as many clients who didn't understand this option as I've found who didn't realize they had the option. Be very careful when making this important decision on your pa auto insurance, it will travel with you wherever you go. Using a trusted agent who can explain your choices in language you understand.
Williams Agency
Source for Affordable Pa Auto Insurance
   By Dan Williams
Published: 10/21/2009
 
Use the feedback form below to submit your comments.
Your Comments:
Your Name:
Use the form below to email this article to your friends.
Recipient Email Address:
 Separate multiple email addresses by ;
Your Name:
Your Email Address: