Exceptions to Limited Tort that allow an injured person to retain Full Tort rights and pursue a personal injury claim.

Fortunately, there are exceptions to the harsh ramifications of a Limited Tort selection.  Exceptions to Limited Tort, which will allow an injured individual bound by a Limited Tort selection to have Full Tort rights and to bring a personal injury claim arising out of a motor vehicle collision, are as follows:

1.      If the negligent driver’s vehicle is registered in a state other than Pennsylvania.           

2.      If the negligent driver is convicted or accepts ARD for driving under the influence of alcohol or a controlled substance.

3.      If the injured individual was an occupant of a motor vehicle other than a private passenger motor vehicle at the time of the collision, such as a commercial vehicle like a SEPTA bus or a rental car or limousine.

4.      If the injured individual was a pedestrian at the time of the collision.

5.      If the injured individual is a spouse or a household relative of a family member that owns an uninsured motor vehicle, only the owner of the uninsured motor vehicle is restricted to Limited Tort, the remaining family members retain Full Tort rights.

6.      The last catchall exception is if the injured individual’s injuries are considered by the court to be “a serious injury.”  Whether an injury is considered serious or not is a grey area of the law.  The court pays specific attention to the impact of the injury on the particular individual.  Thus, the same injury could be considered serious for one person and not serious for another.  For example, a right hand dominant office worker, such as an accountant or lawyer, who fractures his left hand can probably still work his or her job with only minor difficulties, while a concert pianist who suffers the same fracture will not be able to work for months and may never be able to play at the same artistic level again.  In this example, the court may rule that the office worker did not suffer “a serious injury,” and thus, is still bound by the Limited Tort restriction and cannot pursue a personal injury claim, while at the same time ruling that the concert pianist has sustained “a serious injury” and retains Full Tort rights and can pursue a personal injury claim against the negligent driver.