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The Law & You

Am I Unable to File a Lawsuit If I Have Limited Tort Insurance?

The Law & You
March 24, 2020

The Law and You

Am I Unable to File a Lawsuit If I Have Limited Tort Insurance?

My sister and I were recently in a crash. I called my agent and found out we have limited tort insurance. Does that mean that I cannot file a lawsuit?

Haley: It’s time once again for the Law and You. Joining us today we have attorneys Greg Fellerman and Molly Clark with us. So nice to see you both, how’s it been going?

Greg: Good.

Molly: Pretty Good Haley, how about you?

Haley: Good! I’m just anxiously waiting for the next Law and You question.

Greg: Guess who may be coming back?

Haley: Who?

Greg: Ed Ciarimboli.

Haley: Eventually, maybe he’ll make an appearance!

Greg: He’s talking about it. He’s been busy.

Haley: Perhaps we’ll see him one of these days. In the meantime, let’s hear from John in Avoca he says, “My sister and I were recently in a crash. I called my agent and found out we have limited tort insurance. Does that mean I cannot file a lawsuit?” Alright, I mean I think they can still file a lawsuit right?

Molly: You’re right Haley, you’re learning a lot on this Law and You.

Greg: She’s been doing this a while, she’s good.

Molly: So John, the short answer is yes you can still file a lawsuit. There’s a much broader scope of this question though because you may not be able to recover anything for pain and suffering. You might be able to cover your lost wages or your medical bills but the big ticket issue here would be pain and suffering, and if you’re limited tort and you don’t come over one of the thresholds, you know maybe you were hit by a drunk driver, or there’s other reckless nature to the claim yeah- out of state. There’s a bunch of things that might be able to get you over the limited tort barrier but if you’re limited tort and it was a simple red car-blue car rear end collision and you’re not severely injured- that’s another big part of this. If you’re not severely injured you’re going to have a real hard time with the limited tort. Give us a call, we’re happy to walk you through it- see if we think maybe you’d be able to get over the limited tort barrier but based on what you’re telling me I’m not sure.

Greg: Well, it’s funny I walked into your office yesterday and you were on the phone with an adjuster and the first thing she says is, well we don’t think your claim gets over the limit tort threshold. Just yesterday I walked in, well, I’m like- again this client is severely injured and we will get over it but that’s the first thing they say, so if you want to file a lawsuit and you want to win, don’t take limited tort. That’s it. I mean if you’re hurt, why make it harder on yourself? Do yourself a favor, spend the extra money, protect you and your family, you’ll be a lot happier when you call us.

Molly: Absolutely,

Haley: That’s some good advice. Both of you thank you for your time today, we’ll see you next time. If you have more questions just go to PAhomepage.com.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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