Does Limited Tort Apply to Motorcyclists, Bicyclists, and Pedestrians in Pennsylvania?

Being involved in a motor vehicle accident is a frightening experience. When medical bills start piling up and insurance adjusters begin to call, it is natural to feel overwhelmed and unsure of your legal rights, especially regarding limited tort.

Many Pennsylvanians choose "limited tort" on their car insurance policies to save money on premiums. This choice restricts your right to recover certain damages, like pain and suffering, unless your injuries meet a specific legal threshold of being "serious." However, if you are a motorcyclist, bicyclist, or pedestrian, the rules regarding limited tort may not apply to you in the same way they do to drivers or passengers in cars.

What is Limited Tort in Pennsylvania?

In Pennsylvania, when you buy car insurance, you typically choose between "full tort" and "limited tort." This choice affects your right to sue for certain damages after a car accident.

• Full Tort: If you choose full tort, you keep your right to sue for all damages, including pain and suffering, even for minor injuries. This policy costs more.

• Limited Tort: If you choose limited tort, you give up your right to sue for pain and suffering unless your injuries are "serious." This means a serious impairment of a body function, permanent serious disfigurement, or death. This policy costs less.

The idea behind limited tort is to reduce the number of lawsuits for less severe injuries, which helps keep insurance costs down. But this choice can have a major impact on your ability to recover compensation after an accident.

When Limited Tort Does Not Apply to Motorcyclists, Bicyclists, and Pedestrians

Pennsylvania law recognizes that motorcyclists, bicyclists, and pedestrians are more vulnerable in an accident than someone inside a car. Because of this, the limited tort election on your car insurance policy often does not apply if you are injured as a motorcyclist, bicyclist, or pedestrian in a motor vehicle accident. This is a very important carve-out in the law.

Under 75 Pa. C.S. § 1705(d)(3), if you are a driver or occupant of a motorcycle, or a pedestrian, or a bicyclist, and you are injured in an accident involving a motor vehicle, your limited tort election does not prevent you from recovering for pain and suffering. This means that even if you chose limited tort on your own car insurance, you may still be able to seek full compensation, including for your pain and suffering, if you were hit while on a motorcycle, bicycle, or as a pedestrian.

Motorcyclists

If you own a car and chose limited tort, but you are hit by a car while riding your motorcycle, your limited tort election generally does not apply. You can pursue a claim for all damages, including pain and suffering, just as if you had full tort coverage. This is because motorcycle insurance is separate from car insurance, and the protections for vulnerable road users often override the limited tort election.

Bicyclists

Similar to motorcyclists, if you are riding your bicycle and are struck by a motor vehicle, your personal limited tort election typically does not apply. The law considers bicyclists to be vulnerable, and you would likely be able to seek full compensation for your injuries, including pain and suffering, regardless of your car insurance choice.

Pedestrians

Pedestrians are the most vulnerable road users. If you are walking and a car hits you, your limited tort election on your own car insurance policy will not prevent you from seeking full damages, including pain and suffering. The law provides this protection because pedestrians have no physical protection against the impact of a motor vehicle.

Other Situations Where Limited Tort May Not Apply

It is important to know that there are other situations where your limited tort election might not apply, allowing you to seek full compensation, including pain and suffering. These are also important carve-outs under Pennsylvania law. For example:

• Out-of-State Vehicle: If the vehicle that caused your accident is registered in another state, your limited tort election typically does not apply. The rules of Pennsylvania limited tort often only apply when both vehicles involved are registered in Pennsylvania.

• Drunk Driver: If the at-fault driver is convicted of driving under the influence (DUI) or accepts Accelerated Rehabilitative Disposition (ARD) for DUI, your limited tort election does not apply. This is specified in 75 Pa. C.S. § 1705(d)(1)(i).

• Intentional Act: If the at-fault driver intended to cause harm, your limited tort election does not apply.

• Uninsured Motorist: If the at-fault driver is uninsured, and you are making a claim under your own uninsured motorist coverage, your limited tort election may not apply.

• Vehicle Without Financial Responsibility: If the at-fault vehicle was not covered by insurance at the time of the accident, your limited tort election may not apply.

These exceptions are critical because they can change how much compensation you are able to recover after an accident. If any of these situations apply to your case, you may be able to pursue a full recovery for your personal injury claim.

The Importance of Legal Advice After an Accident

Understanding whether limited tort applies to your situation can be complex. Insurance companies often try to minimize payouts, and they may try to argue that your limited tort election prevents you from getting full compensation, even when it does not.

After an accident, especially if you were a motorcyclist, bicyclist, or pedestrian, it is crucial to speak with an experienced personal injury attorney. We can review the specifics of your accident, determine if any limited tort exceptions apply, and help you understand your legal rights. We can also help you navigate the process of filing a claim, dealing with insurance adjusters, and seeking the compensation you deserve for your injuries, including pain and suffering, medical bills, and lost wages.

Do not assume that because you chose limited tort, you are automatically barred from recovering certain damages. The law provides important protections for vulnerable road users, and we can help ensure those protections are applied to your case. The statute of limitations for personal injury claims in Pennsylvania is generally two years from the date of the accident under 42 Pa. C.S. § 5524. This means you have a limited time to file a lawsuit, so acting quickly is important.

What to do next

If you were injured as a motorcyclist, bicyclist, or pedestrian in a Pennsylvania car accident, contact a personal injury attorney immediately for a free consultation to discuss your specific situation and understand your rights.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

Hurt in Pennsylvania? Request a free case review — no fee unless we win.

Frequently Asked Questions

Does limited tort apply to motorcycle accidents in Pennsylvania?

No, generally limited tort does not apply if you were injured while riding a motorcycle in a motor vehicle accident in Pennsylvania. Under 75 Pa. C.S. § 1705(d)(3), motorcyclists can typically pursue a claim for all damages, including pain and suffering, regardless of their own limited tort election.

Can a bicyclist recover pain and suffering with limited tort in PA?

Yes, if a bicyclist is hit by a motor vehicle in Pennsylvania, their limited tort election usually does not apply. This allows them to seek full compensation for their injuries, including pain and suffering, as per 75 Pa. C.S. § 1705(d)(3).

If I am a pedestrian and have limited tort, can I still sue for pain and suffering?

Yes, if you are injured as a pedestrian in a car accident in Pennsylvania, your limited tort election does not prevent you from seeking full damages, including for pain and suffering. The law provides this protection because pedestrians are highly vulnerable road users, outlined in 75 Pa. C.S. § 1705(d)(3).

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

Full tort allows you to sue for all damages, including pain and suffering, even for minor injuries. Limited tort restricts your right to sue for pain and suffering unless your injuries meet a

Are there other exceptions to limited tort in Pennsylvania?

Yes, beyond motorcyclists, bicyclists, and pedestrians, limited tort may not apply if the at-fault driver was convicted of DUI (75 Pa. C.S. § 1705(d)(1)(i)), the at-fault vehicle was registered out-of-state, or the at-fault driver was uninsured. These exceptions allow you to seek full compensation.

How long do I have to file a personal injury claim in Pennsylvania?

In Pennsylvania, the statute of limitations for most personal injury claims is two years from the date of the accident. This deadline is set by 42 Pa. C.S. § 5524, making it critical to contact an attorney promptly to protect your rights.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.