Steps To Take After An Accident
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What to Look Out for After a Crash
Out-of-state plate: Photograph the tag; registration state is critical.
Insurance status: Uninsured citation or insurer denial helps establish coverage
Vehicle type: EMS/Police Report will show if you were in a motorcycle, bus, taxi/ rideshare, or commercial vehicle.
Serious-injury threshold: Objective proof (imaging, operative reports, neuro/ cognitive findings, permanent scarring) supports the finding of a “serious impairment” that satisfied §1702.
What to Do Next (Pittsburgh & Across PA):
Get medical care immediately. Tell your providers your injuries were the result of a motor-vehicle crash and follow through with all recommended treatment. Do not ignore your doctors advice or fail to show up for an appointment.
Preserve evidence. Photos of plates/damage, witness info, dashcam, app trip data (if rideshare), and all medical records.
Check the Declaration Page of your automobile insurance policy. Confirm whether you have Full Tort or Limited Tort coverage and identify those household members bound by it.
Call a Pennsylvania injury lawyer early. Get an evaluation focused on MVFRL exceptions, the §1702 threshold, and any UM/UIM angles.
Impact of Limited Tort Selection and its Exceptions in Pennsylvania
In Pennsylvania, every car owner is required to carry automobile insurance. When choosing a policy, one choice every driver must make is between “Full” or “Limited” Tort coverage. Unfortunately, without in-depth explanation, many drivers choose “Limited” tort to save on their premiums, without realizing the implications of this choice until it’s too late.
After a crash, injured crash victims with “Limited Tort” coverage are often surprised to learn that compensation for their pain-and-suffering damages is usually off the table—unless their injury crosses Pennsylvania’s “serious injury” threshold or they meet one of the enumerated exception to Limited Tort coverage. This guide explains the different exceptions recognized by Pennsylvania’s Motor Vehicle Financial Responsibility Law (MVFRL) and offers you your next steps if you’ve been involved in a car crash. For an introduction to Auto Insurance, generally, in Pennsylvania, visit our Pennsylvania Auto Insurance page.
The Basics: Tort Selection & “Serious Injury” in PA
Full Tort vs. Limited Tort: Under 75 Pa.C.S. § 1705, drivers are required to elect Full or Limited Tort coverage, a decision which impacts their potential to recover for personal injury damages if they are injured in a car crash. Full Tort coverage enables a person injured in a car crash to pursue all available types of damages against an at fault driver, including both economic and non-economic damages, like those for pain & suffering. In contrast, Limited Tort only allows a driver to pursue economic damages (medical bills, wage loss) and generally restricts non-economic damages (pain, suffering, loss of life’s pleasures) unless an exception applies.
Pennsylvania’s “Serious injury” threshold: Defined at 75 Pa.C.S. § 1702, a “Serious Injury” is one that either results in death or causes serious impairment of a bodily function, or permanent serious disfigurement. In those cases where Limited Tort coverage applies, injured persons that cross the “Serious Injury” threshold are permitted to claim non- economic damages against an at fault party, regardless of their Limited Tort selection.
Statutory Exceptions to Limited Tort Under the Pennsylvania’s MVFRL
Under 75 Pa.C.S. § 1705(d), Limited Tort restrictions do not apply to claims against an at-fault driver in the following situations. If one of the following applies to your crash, you may be able to pursue pain-and-suffering damages in spite of having Limited Tort coverage:
1) DUI/Controlled Substance (including ARD): If the at-fault driver is convicted of DUI or accepts Accelerated Rehabilitative Disposition (ARD) for DUI arising from the crash, the limitations to recovery from Limited Tort coverage is lifted.
2) Out-of-State Vehicle: If the at-fault vehicle is registered in another state, the Limited Tort restriction doesn’t apply. This is common on interstates around Pittsburgh and Western PA such a I-70, I-79, and the Pennsylvania Turnpike, where drivers from other states are often found.
3) Uninsured At-Fault Driver: If the at-fault driver failed to maintain financial responsibility (i.e. the driver fails to have valid automobile insurance), you may claim non-economic damages. Despite auto insurance being required by every vehicle owner in Pennsylvania, there are still thousands of uninsured vehicles on the road whose drivers cause car crashes every year.
4) Intentional Harm: If the at-fault driver intended to injure themself or others, Limited Tort does not limit your recovery. However, be aware that while this exception opens the door to non-economic recovery, nearly all insurance policies exclude coverage for intentional conduct, as this is against the public policy of insurance coverage. So while you are permitted by law to pursue a claim against an at-fault driver under these circumstances, without insurance coverage, often times injured victims are still left without recourse.
5) Occupant of a Vehicle Other Than a Private Passenger Motor Vehicle: When the injured person is an occupant of a vehicle that is not a private passenger motor vehicle (e.g., bus, taxi, commercial vehicle, motorcycle, certain rentals), the Limited Tort bar does not apply. The law concerning the use of Rideshares, such as Uber/Lyft is still developing under this exception and have yet to be directly addressed by Pennsylvania Courts.
Bonus Exception: Pedestrians & Bicyclists
• In L.S. v. Eschbach, the Pennsylvania Supreme Court held §1705’s Limited Tort restriction does not apply to pedestrians suing at-fault motorists. If you were struck as a pedestrian, your selection of the Limited Tort option will not bar your ability to pursue pain-and-suffering damages.
Serious Injury as an Alternative Path
Even when no specific exception applies, you may still pursue a claim for non-economic damages if you have Limited Tort coverage by proving a “serious injury” under §1702. In practical terms, courts look at the degree, duration, and functional impact of the person’s injuries. Pennsylvania Supreme Court guidance emphasizes functional impairment and life impact over labels alone when assessing “serious impairment of a bodily function.”
Exception to the Exceptions
The enumerated exceptions within the statue create far reaching opportunities under certain circumstances to pursue claims for noneconomic damages. However, they do not give injured victims complete free reign to pursue all types of claims. Importantly, other than the “serious injury” exception, the statutory exceptions discussed above only permit injured parties to pursue a claim against the driver who is at-fault for causing the crash.
As a result, uninsured & underinsured claims, which are claims brought by an injured person seeking recovery for injuries under their own personal auto policy, are still prohibited from pursuing claims for noneconomic damages. The Pennsylvania Supreme Court in Rump v. Aetna Cas. & Sur. Co., concluded that when an injured person meets one of the enumerated exceptions to Limited Tort coverage, they are still prohibited from pursuing claims for noneconomic damages against anyone other than the at-fault driver.
Common Myths About Limited Tort
- Myth:“If my injury isn’t catastrophic, I can’t recover."
- Reality: “serious impairment” is a functional analysis—lasting limits on daily activities can qualify as a serious impairment.
- Myth: “Because I chose Limited Tort, I can’t sue."
- Reality: §1705(d) exceptions and §1702’s serious-injury pathway creates the ability to restore Full Tort rights to injured parties if certain circumstances are met even when people choose Limited Tort coverage.
- Myth: “Pedestrians are bound by their auto policy selections."
- Reality: The Pennsylvania Supreme Court has confirmed that pedestrians may pursue non-economic damages even where they are injured under a policy that provides for Limited Tort coverage.
FAQ's
Does Limited Tort always bar pain and suffering?
- No. Pennsylvania lists several exceptions in §1705(d)—DUI/ARD, out-of-state vehicle, uninsured at-fault driver, intentional harm, and non-private-passenger occupancy—and the §1702 “serious injury” threshold also restores non-economic damages.
Do pedestrians have to overcome Limited Tort?
- Generally, no. The Pennsylvania Supreme Court’s Eschbach decision confirms pedestrians may pursue non-economic damages against at-fault drivers despite a household policy that provides for Limited Tort coverage.
What documents help prove an exception?
- Crash report, plate/registration state, DUI docket or ARD acceptance, proof of no insurance, and records showing you were on a bus, in a rideshare, on a motorcycle, or a pedestrian at the time of impact.
Can I switch from Limited Tort to Full Tort after being injured in a car crash?
- No. Policy changes only apply to future accidents and claims. Review your Tort election annually with your agent to ensure it reflects your risk tolerance.
How long do I have to file a Limited Tort lawsuit?
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Most Pennsylvania personal-injury claims carry a two-year statute of limitations from the crash date (42 Pa.C.S. §5524). Some claims have different deadlines—get advice specific to your facts.
Contact an Experienced Car Accident Lawyer to Discuss Your Case
If you or a loved one has been involved in a serious car accident and sustained severe injuries and losses, contact an experienced car accident lawyer from Frischman & Rizza in Pittsburgh, PA. We offer a free case evaluation, and our team is here to tackle the insurance companies, so you don’t have to.
Call our Pennsylvania Car Accident Attorneys for a free case evaluation.
Frischman & Rizza, P.C.
Getting Results
In Western PA Since 1992
The outcome of an individual case depends solely on the particulars of that case.
$ 1,200,000
Multiple Orthopedic Injuries
$ 210,000
Bicycle Accident With Multiple Fractures
$ 950,000
Death Caused By Drunk Driver
$ 750,000
Facial Trauma and Head Injuries
$ 1,200,000
MVA With Extensive Facial Injuries
