Car insurance providers can sue a person who caused a collision for losses due to tort insurance. Generally, tort insurance might or might not be accessible as an insurance choice, depending on the state in which you reside. Moreover, this kind of policy is not a distinct policy.
The majority of states mandate that automobile owners have auto insurance. However, some states have their restrictions and laws, which some states think are faultless. In no-fault jurisdictions, personal injury protection (PIP) insurance covers individual injuries and medical costs first, regardless of who is at fault.
Additionally, jurisdictions that allow torts are essentially the reverse of no-fault jurisdictions. Also, drivers are liable for the harm and injuries they cause to other people in tort states. The majority of states in the union adhere to tort insurance law, which means the person who caused the loss has financial responsibility for the losses.
But there are certain exceptions. Despite being no-fault states, Kentucky, New Jersey, and Pennsylvania still follow tort and no-fault legislation, allowing drivers to file lawsuits for damages.
How Does Tort Insurance Work
If you reside in Kentucky, New Jersey, Pennsylvania, or another state, it’s possible that your agent offered you the option to choose between full and limited tort coverage for your auto insurance policy. You’re not alone if you don’t understand what an insurance tort is or the differences between a limited and full tort.
If you have full tort auto insurance coverage, you will have the ability to sue the at-fault motorist, which is unrestricted. This implies that you have the right to file a lawsuit for pain and suffering in addition to injuries and impairments. While full tort insurance is more expensive than limited tort insurance, it gives you the most legal leverage to pursue an at-fault motorist.
Limited tort auto insurance is less expensive than full tort insurance, but it means you give up the ability to claim for pain and suffering following an auto accident. If a vehicle accident leaves you with specific serious injuries, you may often sue the other at-fault driver if you have this kind of coverage. Moreover, this comprises:
- Severe impairment
- Limb loss
- Irreversible disfigurement
- Damage that keeps you from working for the remainder of your life
In addition, you can bring a pain and suffering lawsuit against someone with limited tort coverage. For instance, if a motorist guilty of DUI strikes you, the court may decide to make an exception, or you may choose to sue.
Can I Select Between Full and Limited Tort Insurance
There are three states where you can select between limited and full tort insurance, including Kentucky, New Jersey, and Pennsylvania. Though there are some minor differences across these states, the basic concept of limited tort is the same.
Kentucky coverage
Limited tort is the default in Kentucky. You may rely on your PIP insurance to pay medical costs, lost earnings, and pain and suffering rather than filing a lawsuit against the at-fault motorist. However, you may file a lawsuit against the other party to recover these costs, provided your accident satisfies a specific threshold as described below.
- Over $1,000 worth of medical costs
- One or more broken bones
- Irreversible disfigurement
- Death or permanent injury
You can sign the Kentucky No-Fault Rejection Form to keep your right to sue the at-fault motorist despite how terrible the accident was. Furthermore, Kentucky law mandates that you have guest PIP coverage on your insurance if you select this option to protect passengers and pedestrians.
New Jersey coverage
Limited tort, also known as the limitation on lawsuit option, is the default in New Jersey. If you are the driver in a non-at-fault collision, you may still pursue legal action against the at-fault party for non-economic damages. This includes pain and suffering, provided that the accident causes:
- Dismemberment
- Severe scars or deformity
- Fractures that are displaced
- Loss of a developing embryo
- Irreversible harm
According to New Jersey law, you have 60 days from the date of the incident to get a certification from a licensed physician attesting to your meeting any of the aforementioned conditions to use your right to sue for pain and suffering.
Pennsylvania coverage
Full-tort insurance is standard in Pennsylvania. The tort system allows individuals to seek non-economic damages, including pain and suffering, unless the at-fault driver is at fault.
- Was drunk
- Driving a car with another state’s registration
- Intentionally caused an accident intending to harm oneself or someone
- Lacked insurance
Passengers in commercial vehicles, such as buses or taxis, have full tort rights, allowing them to claim pain and suffering regardless of their policy’s tort option.
What Type of Tort Insurance Should I Have
The limited tort may not be the best option for everyone, even though it may be for some. If you’re struggling to pick between limited and full tort insurance, the following factors can be of use to you:
Budget
Limited tort may be the right option for you if you’re on a tight budget. In general, restricted torts are less costly than complete torts.
The number of drivers in your home
Selecting a restricted tort usually entails more than just lowering your liability for pain and suffering in an event when you weren’t at fault. Additionally, it can restrict the capacity of every motorist covered by your coverage to do so. Furthermore, tell your insurance agent and other drivers about your selections so that you are aware of the consequences of selecting limited tort.
Revenue source
The higher cost associated with full tort insurance may be justified if you are the primary provider for your family. Moreover, believe that you may experience financial difficulties if you are unable to file a lawsuit for pain and suffering or lost income following a not-at-fault accident.
Also, note that the most affordable insurance plan isn’t usually the best one. Furthermore, speaking with a qualified agent about your alternatives may be beneficial if you’re still unsure about whether to pursue a limited or full tort.
How to Submit a Tort Insurance Claim
In a state with tort insurance, submitting a claim is comparable to one in a no-fault state. However, insurance companies are investing heavily in large amounts of money, and the amount awarded depends on state negligence regulations, making it challenging to determine legal responsibility. In the event of an accident, you ought to generally perform the following:
- If someone is hurt, contact 911 to get them medical help.
- Speak with the cops.
- Share details with the other motorist, such as insurance and driver’s license numbers.
- Take pictures or videos of the damage, and make sure you have the names and contact details of any witnesses.
- Call a towing company.
- Get in touch with your insurance provider or agent to start the claims procedure.
- Obtain a quote for the repairs.
- Provide your accident report and any further paperwork asked by the insurance adjuster in collaboration with them.
In addition, when purchasing insurance through an agent, ensure you understand your rights under the policy terms and state laws. Tort insurance refers to the possibility of liability for the harm or losses inflicted by the negligent party. Lastly, you may file a lawsuit under tort if the motorist or their insurance provider refuses to compensate you for your losses.