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Limited Tort Exceptions

The exceptions to limited tort that would allow you to collect money for pain and suffering are listed below:

1. The injury is determined to be a "serious impairment of a significant bodily function."
2. The person at fault for the accident is not just charged - but convicted - of driving under the influence of alcohol or a controlled substance or Accelerated Rehabilitative Disposition (ARD) is accepted.
3. The at-fault driver is driving a vehicle that is registered in another state.
4. You were injured in an accident while driving or riding in a commercial vehicle.

This exception means that you are entitled to recover for your pain and suffering if the other driver was a fault and injured you while you were:

1. a passenger in any type of commercial vehicle (bus/train, municipal transportation, taxi, tractor trailer)
2. a pedestrian
3. operating a motorcycle
4. operating a bicycle

Here are some of the critical factors that a PA Limited Tort accident victim must rely upon to prove that their injury is serious enough to be entitled to pain and suffering money damages.
1. Were any injuries to any significant bodily parts diagnosed.

• Did an x-ray show a fracture?
• Did an MRI, CT Scan or Surgery reveal:
• a herniated or bulging spinal disc?
• a traumatic brain injury?
• tendon, ligament, tissue or cartilage damage?
• other significant traumatic injuries?
• Did you sustain any prominent scarring?

2. Did your accident-related injuries require surgery?
3. How much medical treatment have you required and how long has it lasted?
4. Did your accident-related injuries cause you to lose time from your job and if so, how much?
5. Do you have any permanent injuries that were not able to be resolved?