Stuart Richman, Esquire

06/02/2025

ARE YOU FULL TORT OR LIMITED TORT?

First off, what are these tort things? They are options you choose when buying car insurance. In addition to whatever coverages you will buy, like collision coverage or uninsured motorist coverage, you have to choose a TORT (not torque) option. In Pennsylvania, you can choose either Full Tort or Limited Tort.

Full tort costs more, but when you break down how much you pay each month for insurance, sometimes it turns out to not be that much more, so you should cost out your monthly premium when deciding.

Now what are each of these? Assuming you are in a car accident, it is not your fault, and you are injured, IF you have Full Tort, you can be compensated for any injuries ( pain and suffering) you may sustain, no matter how minor the injuries may be. If, however, you choose Limited Tort and you are injured in a car accident that is not your fault, you can only be compensated for your injuries if your injuries are considered to be serious injuries.

These tort options only pertain to your injuries, or your pain and suffering, damages. They do NOT have anything to do with any economic damages, such was medical bills or wage loss, that you may incur.

It is always better to be full tort, so we are always looking to see if someone qualifies for an exception to limited tort. There are several exceptions such as being in a vehicle that is NOT insured by a person. Instead it is insured by a company, like Septa, Uber, or a taxi cab. Another exception is if you are hit by someone who is driving a vehicle that is registered in a state other than Pennsylvania.

There are several exceptions that may apply. There are also some scenarios where you would, by default, found to be limited tort. That is why it is best to consult a lawyer who knows what they are doing.

If you have any questions about any of this, feel free to contact me.

Stuart

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05/29/2025

WHO PAYS YOUR MEDICAL BILLS IF YOU ARE INJURED IN A CAR ACCIDENT IN PENNSYLVANIA AND NEED MEDICAL TREATMENT?

Automobile insurance is mandatory if you own a vehicle in Pennsylvania. One of the benefits that you get on your insurance policy is Medical Benefits Coverage. The minimum medical benefits limit you can have on your policy in Pennsylvania is $5,000. These benefits are called first party benefits, meaning that your own insurance will pay your medical bills if you are injured in a car accident. This fact is true NO MATTER WHO IS AT FAULT IN CAUSING THE ACCIDENT. (Many people do not understand this. Many others do not like this, but it is the law).

When trying to determine who will pay your medical bills from any given accident, there is a strict set of rules to make this determination.
First, if you own a car and you have insurance, your insurance will pay your bills.
Second, if you do not own a car, BUT you live with a relative who does own a car that is insured, your relative’s insurance will pay your bills (even if you are not in your relative‘s vehicle or if you relative is not involved in the accident).
Third, if you don’t own a car and do not live with any relatives who own insured vehicles, then you can get your bills paid through the insurance from the car that you are in at the time of the accident, assuming it is insured.
Lastly, if you are a pedestrian when hit by an insured car and you don’t have any available car insurance, the car that hit you may end up paying your medical bills.
These are the basic rules. Exceptions may apply if the facts or circumstances vary, but you should consult an accident attorney if you have questions. You may certainly give me a call if you have any questions about this.

05/26/2025

Hello! This is my new legal information page. This is where I will post tidbits of information to help people better understand how to handle motor vehicle and slip and fall accident claims. I have been explaining these topics and issues to clients, lawyers and judges for years. I figured I will now start to pass on what I know to anyone who asks. I will also regularly post pieces of information to help people with accident claims they may have. If you have a particular question, feel free to ask and I will tell you whatever I can, free of charge, to help you with what you need.

Stuart