Should both spouses choose Pennsylvania full tort on their PA car insurance policies?
Jul 23rd, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Pennsylvania Injury InformationIf both spouses do not choose full tort on their PA auto insurance policies, the full tort spouse may be subject to limited tort in some situations.
For example, if a married PA resident has a PA full tort car insurance policy where he or she is the named insured, but this spouse was a passenger in the other spouse’s car who has PA limited tort. The car is involved in a PA car accident. Does the full tort spouse have limited tort or full tort in Pennsylvania?
The Pennsylvania Motor Vehicle Code § 1705 (b) (2) states that if the full tort spouse was a passenger in the PA limited tort spouse’s car and a PA car accident occurs, then the full tort spouse is now limited tort.
See Pennsylvania Motor Vehicle Code § 1705 (b) (2) here:
(2) The tort option elected by a named insured shall apply to all insureds under the private passenger motor vehicle policy who are not named insureds under another private passenger motor vehicle policy. In the case where more than one private passenger motor vehicle policy is applicable to an insured and the policies have conflicting tort options, the insured is bound by the tort option of the policy associated with the private passenger motor vehicle in which the insured is an occupant at the time of the accident if he is an insured on that policy and bound by the full tort option otherwise.
At Saile & Saile LLP we always recommend that you and your family choose full tort on all of your PA or NJ car insurance policies. The above is just one example of how limited tort can hurt your family and your chance of recovering full compensation for your injuries, disabilities, and the loss of enjoyment of life.
The author of this Blog, Philadelphia car accident lawyer, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury and car accident victim’s rights in both Pennsylvania and New Jersey. We handle all serious injury cases including, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County. We also handle Philadelphia plaintiffs’ personal injury and car accident cases. Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.
