Perhaps somewhat illogically, your right to recover money for injuries which you sustain in an automobile accident in Pennsylvania depends to some degree on the choices that you make when purchasing your own automobile insurance. Because of this, it is very important that you understand your options when you purchase automobile insurance.
If you purchase the “full tort” option, which will result in a slightly higher premium, you have the right to recover for your personal injuries (pain and suffering) no matter how seriously you are hurt in an automobile accident which is the fault of another person. However, if you purchase the “limited tort” option, you only have the right to obtain money damages for your injuries from the insurance company of the negligent driver who caused your injuries if you have suffered a “serious injury”. Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) §1702 defines a serious injury as “A personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.” When your injuries reach this threshold that the law considers serious, you can recover money for your pain and suffering even though you have selected the “limited tort” option.
The best way to go about obtaining damages for your pain and suffering from a motorist who has injured you is to use an experienced personal injury lawyer. At Feldstein Grinberg Lang & McKee, P.C., A Professional Corporation, you owe no legal fees unless we settle your case or win through verdict. Our attorneys handle communications with the other party’s insurance company along with all legal aspects of the case.