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Appointment | | Limited Tort vs Full Tort
What does it mean to YOU!
As you decide which liability coverge you want under your auto policy, you will be asked whether youwant to elect "limited tort" or "full tort". This information is intented to explain what those two terms mean in plain English, and the implications of choosing one.
 Limited Tort |
Q. If I choose the " limited tort" option, what am I giving up?
A. You are giving up the right to sue for non-economic damages, more commonly, known as "pain and suffering," except in cases of serious injury. The law defines serious injury as death, serious impairment of body function or permanent, serious disfigurement. If your injury is determined to be serious, you will keep your right to sue for non-economic damages even if you have elected limited tort.
This selection will be effective whether you are going after the responsibile driver's insurance company or if you are filing the claim on your own, under an uninsured or underinsured motorist claim.
Q. Apart from serious injury, are there any other exceptions if I choose limited tort?
A. Even if you've elected limited tort, you can still sue for pain and suffering under certain circumstances. Common examples are when the responsible driver is convicted of or accepts Accelerated Rehabilitation Disposition for driving under the influence of alcohol or a controlled substance, or if the responsible driver's vehicle is registered in another state.
Q. If I choose limited tort, can I still sue for my economic damages, such as unpaid medical bills, unreimbursed lost wages, or other out -of- pocket expenses?
A. Yes. You can sue to recover these damages.
Q. If I choose limited tort, can I still be sued by someone else?
A. Yes. Your selection of limited tort applies to your ability to sue others under your policy. Should you be at fault in an accident, the injured parties can seek recovery from you for any economic damages. Their ability to sue you for non-economic damages is determined by whether they elected the limited tort or full-tort option on their own policy.
Q. What do I get in return for choosing limited tort?
A. You could receive a reduction in premium for choosing limited tort. Beginning in 2004, you could receive up to a 40% reduction in premium for bodily injury, first-party benefits and uninsured and underinsured motorist coverage.
Q. Do these savings apply to other parts of my auto coverage?
No. The premium for other coverage under your personal autmobile policy such as comprehensive and collision are not affected by your tort selection.
Q. How do I know what I should do?
Making such a personal decision about your options is yours - and yours alone under the law. As your professional independent agent, I can help explain the tort options and your policy coverage choices. Our agency's job is to help provide you with information on these choices so that you can make informed decisions. |
| Full Tort |
| Full Tort - Does not limit your right to sue. This "Full Tort" option is not eligible for a reduced premium. |
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