What does my insurance coverage have to do with a claim that I have made against a driver thatwas 80%at-fault?

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What does my insurance coverage have to do with a claim that I have made against a driver thatwas 80%at-fault?

I’M COVERED UNDER FOR AUTO INSURANCE AND I HAVE LIMITED TORT. THE PERSON I GOT INTO THE ACCIDENT WITH HAS INSURANCE AS WELL. SHE WAS 80% AT FAULT AND I WAS INJURED (SHE WASN’T) 5 MONTHS LATER HER INSURER IS SAYING THAT THEY ARE NOT GIVING ME ANYTHING FOR MY INJURIES BECAUSE MY INSURANCE HAS LIMITED TORT. WHAT DOES MY INSURANCE HAVE TO DO WITH THEM? IF THERe INSURED CAUSED THE ACCIDENT? THEY ARE SUPPOSED TO COVER MY PAIN AND SUFFERING.

Asked on September 1, 2010 under Accident Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is my understanding that because you opted to have limited tort coverage in Pennsylvania, you have limited your right to bring certain typed of claims for your losses after a car accident.  The claims that you can bring are limited to "monetary" claims and not "non-monetary" losses, such as pain and suffering, unless you fall under the "serious injury" threshold in Pennsylvania.  A serious injury is defined as one that results in death, serious impairment of a bodily function or permanent serious disfigurement.  In other words, you gave up your right to sue for pain and suffering here.  I would consult with a personal injury attorney in your area about your case.  Consultation is generally free and you need to pin down what is really going on.  Good luck.


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