Limited Tort Alert

As may of you know, I have been practicing law for thirty years, representing the interests of people injured in car accidents, fall down accidents, work related accidents, and medical malpractice.

In the course of my practice, I have seen that many of my clients are confused by the choices offered to them when they purchase car insurance, and this letter is an attempt to clarify this confusion.

You have the option to purchase a cheaper form of car insurance called “limited tort” insurance. This insurance restricts your ability to sue for personal injuries if you are involved in an accident. You can only sue in the following three cases: a serious impairment of body function, death, or permanent cosmetic disfigurement.

The other option is “full tort” insurance, in which you have no restriction on your ability to sue.

My suggestion is that you compare the price difference between the two coverages, and then make an informed decision by balancing the price savings against what rights you are losing by your election of the limited tort option.

Note that even if you select limited tort, you still can sue for pain and suffering in certain situations. For instance, if you have been struck by a vehicle that is registered in another state, the limited tort option is not controlling. If you have been struck by a drunk driver, the limited tort option is not controlling. If you are an occupant of a commercial vehicle, the limited tort option is not controlling.

Because of the complexity of this limited tort issue, I suggest that if you are involved in an accident, feel free to contact me so your rights can be explained to you. I would also be happy to assist you in helping you to decide if your existing auto coverage is appropriate, and explain
other insurance options, such as “stacking”, “underinsured/uninsured motorist coverage”, and lost wage protection

Please call me if I can be of any assistance in these areas. There is no charge for this service.

Sincerely yours,

STEPHEN C. HURVITZ

SCH/bm

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