In 1990, the Pennsylvania Legislature, in an effort to reduce auto insurance premiums, enacted a tort selection system of auto insurance law. Pennsylvania drivers are offered two "tort options." They may choose either "Limited Tort" or "Full Tort" insurance coverage on their non-commercial (personal) motor vehicle insurance policies.

An individual who chooses the limited tort option pays less for auto insurance. By choosing limited tort rather than full tort, however, a motorist has a limited ability to recover such noneconomic damages as pain and suffering, inconvenience and, in some cases, scarring, even if the accident was another person’s fault.

An individual who selects limited tort coverage may also limit the rights of other family members, including any children who reside with them.

There are several exceptions set forth in the law that allow an individual to pursue claims for non-economic damages, even if he or she is covered by limited tort auto insurance. Those exceptions are set forth below.

1. The individual was injured by an uninsured motorist.
2. The person who was at fault was convicted of driving under the influence, or accepts entry into the accelerated rehabilitative disposition program for driving under the influence of alcohol or a controlled substance.
3. The person who was at fault was operating a motor vehicle registered in another state.
4. The individual was injured by someone who is in the business of designing, manufacturing, repairing, servicing or otherwise maintaining motor vehicles, and the injury arises out of a defect in a motor vehicle that was caused by, or not corrected by, an act or omission in the course of that business.
5. The injured individual was injured while an occupant of a motor vehicle other than a "private passenger motor vehicle." Such vehicles include commercial vehicles and motorcycles.
6. The injured person was a pedestrian.
7. The individual has suffered "serious injury".

Under Pennsylvania law, a "serious injury" is defined as personal injury resulting in:

1. Death;
2. Serious impairment of a body function; or
3. Permanent, serious disfigurement.

The way that courts and many jurors have defined "serious injury" is not, however, what many people would characterize as a serious injury. Experienced personal injury attorneys, such as the attorneys of Hagelgans & Veronis, are in the best position to determine whether an individual has suffered a "serious injury," since they have extensive knowledge concerning case law and jury decisions determining whether an individual has suffered a "serious injury."

By contrast, if you choose full tort coverage, you are entitled to pursue a claim for non-economic damages, including pain and suffering damages, regardless of the severity of your injury. Further, by choosing full tort insurance, you are not subject to uncertainty about whether your injury is a "serious injury" if you do not fit within any of the other exceptions.

Often, motorists believe that if they have "full coverage," they also have full tort rights. Full coverage simply means that you have both liability insurance to protect you in the event that you cause an accident and collision coverage to pay for the damage to your own vehicle. If your vehicle is financed, the bank or financing company will require "full coverage." They will not require "full tort" insurance.