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Frequently Asked Questions

Below are some of our frequently asked questions. If you have any other questions or concerns, please feel free to contact us.

  1. What is the difference between Full Tort and Limited Tort?
What is the difference between Full Tort and Limited Tort?

Insurance policy holders with full tort simply have the advantage of having the full rights to sue a negligent party that caused the policy holder pain and suffering. Those who opt for limited tort on the other hand are still entitled to compensation for medical expenses but do not have the right to sue a negligent party who caused the policy the accident for any non-monetary damages including the pain and suffering it caused. In essence taking an insurance policy with limited tort means you are still covered for any injuries and damages to your property but you give up your right to file for compensation for other non-monetary damages.

Can I still file a claim if I have limited tort car insurance?

Because you have somewhat discounted insurance, your right to sue for certain damages is limited if you selected limited tort insurance. Of course, there are always exceptions. If your claim does not fall under one of the exceptions set forth below; you will be prevented from filing a lawsuit for your pain and suffering. However, limited tort insurance does not prevent you from filing a lawsuit to recover certain expenses, such as wage loss that you incurred as a result of injuries sustained in the accident caused by the fault of another driver. You may also be entitled to recover other out of pocket expenses related to your automobile accident.

Below is a list of automatic exceptions where you can recover money for your pain and suffering, even if you have a limited tort insurance policy.

Exceptions to Limited Tort

  • The driver who was at fault is registered out of state.
  • The driver who is at fault is convicted of DUI.
  • You were a passenger in a commercial vehicle such as a taxi, bus, or tractor trailer.
  • You were on a motorcycle.
  • You were a pedestrian.
  • Your injuries are considered a serious impairment to a significant bodily function.

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