Not every state offers tort insurance as part of your auto insurance policy—namely states that have a no-fault insurance. Many states are changing from a no-fault insurance plan to a tort system. The Tort system will vary from state to state, so you will need to verify with your insurance company the limits that are available for your policy. Many people do not understand the importance of choosing full tort coverage over limited tort and may choose limited tort in an effort to save money on their auto insurance policy.
The tort system deals specifically with personal injury and as such it will have no bearing on whether or not your vehicle has a lien holder. However, the decision to choose limited tort coverage or full tort coverage is not one you should make without understanding the meaning of both of these terms. Under limited tort coverage you relinquish your right to sue for pain and suffering. For those who have never been seriously injured in a car accident suffice it to say car accidents can lead to injuries and long-term disabilities that can last for years and prevent a person from performing their regular daily activities.
Exceptions to the Rule
While there are some exceptions to the rule under limited tort coverage, it is still very difficult to collect pain and suffering. The exceptions to the rule include the following:
- The injury is classified as serious. The problem with this definition is that what most people consider serious does not fall under the legal definition of serious thus preventing those with limited tort coverage from collecting any money for pain and suffering.
- The person who caused the accident must be convicted of driving under the influence of alcohol or a controlled substance. The key factor in this instance the person cannot just be charged, they must also be convicted. If the drunk driver is killed in the accident, you will be unable to collect for pain and suffering because the driver cannot be convicted of the crime.
- The driver who is at fault is driving a vehicle that is registered in a different state from the one where the accident occurred.
- You were injured in an accident that occurred while you were driving or riding in a commercial vehicle.
Full tort coverage, on the other hand, allows an injured motorist to bring a lawsuit against the responsible party in a car accident. In other words, you retain your right to file a lawsuit for pain and suffering when you have full tort coverage. While you may save a few dollars choosing limited tort coverage, losing the right to file a lawsuit for pain and suffering in the event of an accident may not be worth the savings.
Getting Legal Help
Whenever you have questions about auto coverage, ensure you contact an attorney for guidance. It is always a good idea to have a professional legal opinion in circumstances such as this.
