Limited tort is an option that you can elect in choice no fault states, such as Pennsylvania. When you buy car insurance in the state of Pennsylvania, you are offered two choices. Your first choice is full tort coverage, which means you buy liability coverage and you can either sue or be sued in the event of a car accident. Essentially, full tort coverage means you have opted out of the no fault system. Your second choice is limited tort, which means you buy personal injury protection coverage (PIP) and you may not sue in the event that you get into a car accident and someone is at fault.
If you have opted for limited tort coverage, you generally will not be able to get damages for pain and suffering. Limited tort allows you only to collect your actual losses- like your medical bills and lost wages/income- from your insurer. Since you can't sue, you can't get compensation for your pain and suffering from the responsible driver. However, if your injuries were very serious, and fell into the legal definition of "serious" and the exemption to the no fault rules, then you would potentially be able to file suit even if you had no fault coverage.
In such cases, you will want an injury lawyer for limited tort to assist you. Your attorney can help you to take the proper steps to convince the court your injuries are serious enough to sue.
