Auto Insurance Forum

My mother was in an auto accident more than a year ago. Both she and the other driver live in Pennsylvania. The other driver was clearly at fault for the accident. My mother has been in therapy since the accident and is in constant pain. The doctors have tried several different kinds of therapy on her neck and shoulder and none of them have worked, but they will not say it is a permanent injury. The problem is that she had limited tort insurance. Is there anything she can do to be compensated for her pain and suffering?

Dawn, Pennsylvania

Dear Dawn,

When you opt for limited tort on your auto insurance policy, you are able to collect for all out-of-pocket medical and other expenses, but you are not able to sue for non-monetary damages or receive payments for pain and suffering unless injuries are defined as "serious," according to Pennsylvania law. Serious injuries are defined as death, serious impairment of a bodily function, or permanent serious disfigurement.

So if your mother's injuries do not result in one of those conditions, she does not have the right to sue for pain and suffering.

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