When you purchase car insurance in Kentucky, New Jersey, or Pennsylvania, you have the option to choose whether you need full tort coverage and limited tort coverage for your policy. The option you choose will determine your ability to sue another driver after a disability-free accident due to certain losses such as pain or suffering. In this article, we will explain what auto insurance tort is, how complete tort differs from tort, and how you can grasp the best range of torts for your needs.
What is Tort Insurance?
Tort insurance allows the car insurance company to recover any damages from the party causing the accident. The tort option for motor insurance is not a separate insurance policy, but instead it is an indemnity option and may or may not be available depending on the state in which you live.
Most states require vehicle owners to have some form of car insurance. However, each state has its own restrictions and regulations. Some states consider it a condition that is disabled. In a state without disabilities, each person’s personal injury protection, or PIP insurance, pays first your injuries and medical expenses, regardless of who is negligent.
Essentially, tort countries are the opposite of a state of disability-free. In tort states, drivers are liable for damages and injuries caused to others. Most US states follow tort insurance laws. This means that the person responsible for the loss will be financially liable for damages. However, there are exceptions. Kentucky, New Jersey and Pennsylvania are undisabled states, but they allow drivers to maintain their ability to sue for compensation. That is, we follow both tort and disability-free laws.
Complete and Limited Tort
Tort is subtle. There are variations called complete tort and limited tort, which affect your ability to sue damages. The terms limited and total tort are used primarily in the three aforementioned non-disabled states, Kentucky, New Jersey and Pennsylvania. These states have the option to maintain their healthcare costs and the ability to sue another driver for pain and suffering, and can opt out of essentially the state’s disability-free laws.
The table below shows how tort is defined and how choosing between limited and full tort affects your car insurance.
| Tort Type | meaning |
|---|---|
| Tort | Your comprehensive ability to sue a driver with a disability for damages |
| Complete Tort | Provides the broadest ability to sue drivers with disabilities for medical costs, including those that are non-financial and related to pain and suffering. |
| Limited tort | Limits the ability to sue a disabled driver. Usually, a prohibits complaining of pain or suffering unless the accident is considered “serious” as defined by the state |
When learning about disability-free insurance and tort, it is important to remember that these coverage options apply only to medical and medical-related costs. Disabled drivers will always be responsible for their property that will damage them, even in their absence. In these cases, liability coverage for a disabled driver’s license will help you pay to repair your property (to the limits of property damage coverage carried by a failed driver).
Can I choose between full tort and limited tort?
Three states, Kentucky, New Jersey and Pennsylvania, have the option of limited and full tort. The general idea behind limited tort is the same in these states, but there are slight variations between them.
Kentucky Tort
Limited tort is the default in Kentucky. Instead of sue a disabled driver for medical costs, loss of wages, pain and suffering, you will rely on your PIP insurance for coverage. However, even if the accident meets a specific threshold (listed below), you can still sue the other party for these costs.
- Medical expenses exceeding $1,000
- fracture
- Permanent look
- Permanent injury
- death
Regardless of the severity of your accident, if you want to maintain your ability to sue a driver with a disability, you can sign the Kentucky no fault refusal form. If you choose this option, Kentucky law requires you to carry guest PIP coverage in your policy to cover passengers and pedestrians.
New Jersey Tort
In New Jersey, limited tort is the default and is known as the “Limit Litigation” option. However, even if you are a driver in an accident without a disability, if an accident occurs, you can sue the disabled driver for non-economic losses (pain and distress).
- death
- release
- Serious appearance or scarring
- Displaced fracture
- Loss of the fetus
- Permanent injury
New Jersey law states that to exercise your right to sue pain and suffering in these cases, you must obtain certification from an authorized physician within 60 days of proof that you meet the criteria listed above.
Pennsylvania Tort
In Pennsylvania, full tort insurance is the default. If you choose to do limited tort, you will have to sign and form it, and you will no longer have the ability to file non-monetary damages (such as pain or suffering) unless you have a disabled driver.
- I was drunk
- Operation of vehicles registered in another state
- You have intentionally caused an accident with the intention of hurting yourself or others
- I didn’t have insurance
It is also worth noting that if you are a passenger in a commercial vehicle (such as a taxi or bus), you will automatically have full tort rights and can sue your pain or suffering, regardless of the tort options in your policy.
Is tort necessary?
“Tort Insurance” is not a true insurance policy and is not required in any state. Most disability countries have automatic tort laws. This means that the driver causing the accident is financially liable for injuries and property damage to others. These losses are covered by personal liability insurance. You do not need a separate insurance policy to be able to sue another driver for your medical and medical-related costs after a disability-free crash determined by your state’s tort laws.
What kind of tort should you commit?
Limited tort may be ideal for some, but it may not be the right choice for everyone. If you are struggling to choose between full tort and limited tort insurance, the following considerations may help you decide:
- budget: If you have a tight budget, limited tort may be what you’re looking for. Generally, limited tort is cheaper than total tort.
- Number of drivers in your home: Usually, choosing to do limited tort will not only limit your ability to complain of pain and suffering in a disability-free accident. It may also limit the capabilities of all drivers contained in your policy. Discuss options with additional drivers and insurance agents to understand the implications of choosing limited tort.
- Source of income: If you are the main producer of your home and you are unable to sue wages, pain and suffering after an unbreakable accident, you may face financial difficulties, then the additional premiums associated with a complete tort may be worth it.
Remember, the best insurance contracts are not always the cheapest. If you are still unsure whether limited or complete tort is the right choice, it may be useful to discuss options with a licensed agent.
Tort and Disability-free Insurance
Regarding state insurance, it falls into two main categories of states: disability/tort country or disability state. Most states in the country apply the principle of disability when it comes to car accidents. If you are negligent, you are often expected to pay damages through car insurance. Only a few dozen states follow the law without disabilities. This means that each driver will pay their injuries and medical costs after an accident.
No Disability Insurance
A common misconception in a non-disabled condition is that each driver will pay all damages, including injuries, vehicle damage and car rental after loss regardless of failure. This is not true. Disability-free insurance means that each driver will use his or her own pip coverage to pay for the injury after an accident. In some disability conditions, you may have the option to reserve the right to sue your injury by choosing to do full or limited tort.
Tort insurance
Tort countries expect to pay compensation for damages caused by disabled drivers. Tort states do not have the option to purchase full or limited tort. These options allow you to reserve the right to sue a driver with a fault, but in a tort state, you will not lose it. If the driver causes injury or damage, you always have the right to sue for compensation.
Real life drivers share experiences of tort
If you are discussing between full tort and limited tort coverage, it is helpful to look at your own accounts from real drivers about your experience with these coverage options.
The Pennsylvania driver explained how tort restricted tort prevented him from seeking full damage compensation from a disabled driver after suffering a back injury in an accident. They said that having complete tort would provide much better coverage, but they didn’t understand the nuances of the two coverage types when purchasing the policy.
The difference between the cost of complete tort and limited tort
One consideration is required when choosing between full tort and limited torts is cost. In general, automobile insurance with full tort is more expensive than insurance with limited tort. According to some accident and injury law firms, a complete tort can add anywhere from $100 to $200 to your annual auto insurance quote.
If you need the cheapest possible car insurance, you might assume that limited tort is a better option. However, please remember that limited tort can limit sue another driver for pain or suffering after a crash, leading to economic losses. Complete tort is more expensive, but it offers more financial protection as you can sue more money after a crash.
