I was involved in a car accident 5/8/2012 in which I was rear ended so hard I was pushed into the car in front of me. This happened on I 95 South near Bucks county. I was driving my motherís car(because I was having car problems and we do not share the same address) from work. I found out today she has limited tort but Iím extremely worried because I havenít been able to lift my arms above my head all day and have been is so much pain. Is there any way I can pursue a case or should I just forget about it?
4 Answers from Attorneys
You are not bound by your mother's tort option if you do not reside with her. Moreover, if you suffered a serious injury (as defined under PA law), you would overcome the limited tort threshold. The bottom line is that if you suffered an injury, you need to seek medical treatment for your personal health and there is absolutely no reason that you should not pursue a claim under the circumstances.
First, your tort option is determined by YOUR policy, even though you weren't in your car--since you don't live with your mother, her policy's tort option won't affect you unless you were a "named insured" on her policy. Second, there are several exceptions to the limited tort "problem" if you are deemed to be a limited tort insured. If you have a serious injury, if the other car had a non-Pennsylvania license plate on it, of if the other driver was DUI are 3 main exceptions. Most importantly, regardless of yorr tort option, you are entitled to at least $5000 of medical coverage from your automobile insurance policy. So, if you are experiencing any medical problems, you MUST get them checked out--it won't cost you a dime. Lastly, you should speak with an experienced personal injury attorney to give you advice, recommend the best doctors to treat each of your medical conditions, and represent you. I've been representing victims of car accidents for more than 33 years. If you call me, there's no charge to talk. If you like what I say and how I say it, you can then decide whether you want to meet with me to discuss how I can get you all of the money you deserve because somebody rear-ended you. Please call ASAP (and don't talk to any insurance company--that's what your lawyer will do for you). Richard Senker 610 279 1600.
As pointed out above you may not be bound by limited tort if you did not live with your Mother.
In case you are, please see our site at:
Regardless of tort status, you need medical treatment. As it looks like you live in West Oak Lane, our office can help arrange medical treatment within a few miles of your home.
215 735 4800 is our office - Let's talk.
As the other's mention, it is your policy that determines whether you have full or limited tort. Even if you only have limited tort, there may still be some options where you can recover. If you have full tort, you certainly have more options.
Feel free to give my office whenever you get a chance. It is critical that you speak with an attorney asap and not give a statement to anyone regarding this incident. My firm offers free consultations and we can come to you for the consultation. Also, we offer lower rates than many firms. Our rate is 29%, and other firms charge between 33%-40%. There is no fee unless we recover for you.
Justin C. Gearty Jr., Esquire
Email: [email protected]