Does Limited Tort Apply to Motorcycle Accidents in Pennsylvania?

A motorcycle accident can instantly change your life, leaving you with serious injuries, medical bills, and questions about how you will recover. Amidst this crisis, understanding your insurance coverage, especially whether limited tort applies to motorcycle accidents, becomes crucial.

Many Pennsylvanians choose "limited tort" on their car insurance policies to save money on premiums. This choice restricts your ability to sue for certain types of damages after an accident. However, motorcycle accidents are often treated differently under Pennsylvania law. We want to help you understand your rights and the specific rules that apply to motorcycle riders.

Understanding Limited Tort in Pennsylvania

In Pennsylvania, when you buy car insurance, you typically choose between "full tort" and "limited tort." This choice determines your right to recover compensation for pain and suffering after a car accident.

• Full Tort: If you choose full tort, you generally retain the unrestricted right to sue an at-fault driver for all damages, including medical expenses, lost wages, and pain and suffering, regardless of the severity of your injuries.
• Limited Tort: If you choose limited tort, you give up your right to sue for pain and suffering unless your injuries meet a certain "serious injury" threshold. This threshold is legally defined and often difficult to meet. You can still recover for economic damages like medical bills and lost wages, but not for the emotional and physical distress unless your injuries are severe.

This election is made when you purchase your auto insurance policy and can have a significant impact on your ability to recover non-economic damages after a crash.

Does Limited Tort Apply to Motorcycle Accidents? The Pennsylvania Statute

The short answer is: Generally, no, limited tort does not apply to motorcycle accidents in Pennsylvania. This is a critical distinction that many people, including some insurance adjusters, may not fully understand.

Pennsylvania law provides specific exceptions, or "carve-outs," to the limited tort election. One of these carve-outs directly addresses motorcycle accidents. Under 75 Pa. C.S. § 1705(d)(3), if you are injured while operating or occupying a motorcycle, your limited tort election from your automobile insurance policy does not apply. This means that even if you selected limited tort on your car insurance, you are effectively considered "full tort" for the purposes of a motorcycle accident claim.

This carve-out exists because motorcycles are generally not considered "motor vehicles" for the purposes of Pennsylvania's Motor Vehicle Financial Responsibility Law (MVFRL) in the same way cars are. Your car insurance policy's tort election typically only applies when you are involved in an accident with a "motor vehicle" as defined by the statute, which usually excludes motorcycles. Therefore, if you are on your motorcycle and another driver's negligence causes an accident, your ability to recover for pain and suffering is not restricted by the limited tort option you chose for your car.

What This Means for Motorcycle Riders

This specific provision in Pennsylvania law is highly beneficial for motorcycle riders. If you are injured in a motorcycle accident caused by another driver's fault, you can typically pursue a claim for all categories of damages, including pain and suffering, without needing to prove a "serious injury." This is a significant advantage compared to someone injured in a car accident with limited tort coverage.

It is important to understand that this carve-out applies regardless of who owns the motorcycle or whether you have specific motorcycle insurance. As long as you were operating or occupying a motorcycle at the time of the crash, your limited tort election from your *automobile* insurance does not apply to that accident.

Other Limited Tort Carve-Outs to Know

While the motorcycle exception is directly relevant here, it is good to know about other situations where limited tort does not apply, effectively granting you full tort rights:

• Out-of-State Accidents: If your accident happens outside of Pennsylvania.
• Accidents with Certain Vehicles: If you are injured by a vehicle that is not covered by Pennsylvania's MVFRL, such as a commercial truck, taxi, or bus.
• Drunk Drivers: If the at-fault driver is convicted of or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence (DUI) in connection with the accident. This is specified in 75 Pa. C.S. § 1705(d)(1)(i).
• Uninsured Drivers: If the at-fault driver is uninsured.
• Pedestrians and Bicyclists: If you are injured as a pedestrian or a bicyclist. This is also covered under 75 Pa. C.S. § 1705(d)(3), along with motorcycle accidents.

These carve-outs are designed to protect accident victims in specific circumstances, even if they chose limited tort on their personal auto insurance policies.

The Role of Motorcycle Insurance

While your car insurance's tort election typically does not apply to a motorcycle accident, having appropriate motorcycle insurance is still crucial. Motorcycle insurance policies provide coverage for things like medical expenses (Personal Injury Protection or PIP), damage to your motorcycle, and liability coverage in case you are at fault for an accident.

Some motorcycle policies may offer their own form of limited or full tort election, separate from your car insurance. You should review your specific motorcycle insurance policy to understand its terms and coverage. Even if your car's limited tort does not apply to your motorcycle crash, your motorcycle insurance choices can still affect your overall protection.

Dealing with Insurance Companies After a Motorcycle Accident

After a motorcycle accident, you will likely deal with insurance adjusters. Be aware that they may try to apply limited tort restrictions to your claim, even if the law says otherwise. This is why having an experienced personal injury attorney on your side is so important. We can ensure that your rights are protected and that the correct laws are applied to your unique situation.

Insurance companies are businesses, and their goal is often to minimize payouts. They may try to settle your case quickly for less than it is worth, or they might try to argue that your injuries are not "serious" enough if they mistakenly believe limited tort applies. Knowing the law, especially 75 Pa. C.S. § 1705(d)(3), gives you a significant advantage.

Common Injuries in Motorcycle Accidents

Motorcycle accidents often result in severe injuries due to the lack of protection compared to a car. These can include:

• Head Injuries: Even with a helmet, concussions, skull fractures, and traumatic brain injuries (TBIs) are common.
• Spinal Cord Injuries: These can lead to paralysis and long-term disability.
• Broken Bones: Fractures of arms, legs, ribs, and collarbones are frequent.
• Road Rash: Severe abrasions that can lead to infection and permanent scarring.
• Internal Injuries: Damage to organs that may not be immediately apparent.
• Burn Injuries: From contact with hot engine parts or road friction.

The severity of these injuries often means extensive medical treatment, rehabilitation, and significant time away from work. Because limited tort typically does not apply to motorcycle accidents, you have a better chance of recovering full compensation for the pain and suffering associated with these serious injuries.

The Statute of Limitations for Motorcycle Accident Claims

It is important to act quickly after a motorcycle accident. In Pennsylvania, there is a time limit, known as the statute of limitations, for filing a personal injury lawsuit. For most personal injury claims, including those arising from motorcycle accidents, you have two years from the date of the accident to file a lawsuit. This is set out in 42 Pa. C.S. § 5524.

If you miss this deadline, you will likely lose your right to pursue compensation, regardless of how strong your case is or how severe your injuries are. Do not delay in seeking legal advice after a motorcycle crash.

What to do next

If you or a loved one has been injured in a motorcycle accident in Pennsylvania, understand that your limited tort election may not apply. Contact an experienced personal injury attorney immediately to discuss the specifics of your case and ensure your rights are fully protected under Pennsylvania law.

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Frequently Asked Questions

Does my car insurance limited tort apply if I'm on my motorcycle?

No, generally it does not. Under Pennsylvania law 75 Pa. C.S. § 1705(d)(3), if you are injured while operating or occupying a motorcycle, your limited tort election from your car insurance policy does not apply, giving you full tort rights for that accident.

What is the difference between full tort and limited tort in Pennsylvania?

Full tort allows you to sue an at-fault driver for all damages, including pain and suffering, regardless of injury severity. Limited tort restricts your ability to sue for pain and suffering unless your injuries meet a serious injury threshold.

Can I recover for pain and suffering after a motorcycle accident with limited tort?

Yes, in most cases. Due to a specific carve-out in Pennsylvania law (75 Pa. C.S. § 1705(d)(3)), your limited tort election from your car insurance typically does not apply to motorcycle accidents, allowing you to seek compensation for pain and suffering.

Are there other exceptions where limited tort does not apply?

Yes, limited tort may not apply in several situations, such as accidents involving drunk drivers (75 Pa. C.S. § 1705(d)(1)(i)), uninsured drivers, out-of-state accidents, or when you are injured as a pedestrian or bicyclist (75 Pa. C.S. § 1705(d)(3)).

How long do I have to file a claim after a motorcycle accident in Pennsylvania?

In Pennsylvania, the statute of limitations for most personal injury claims, including motorcycle accidents, is two years from the date of the accident. This is outlined in 42 Pa. C.S. § 5524.

Does my motorcycle insurance policy have its own tort election?

Some motorcycle insurance policies may offer their own tort elections, separate from your car insurance. You should review your specific motorcycle policy to understand its terms and how it impacts your coverage and rights after a crash.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.