Auto Insurance Forum

Feb. 9, 2007

We were in an auto accident that was not our fault, and we are now receiving medical treatment. What happens when the medical benefits on our auto insurance policy run out? We each have $10,000 worth of coverage.

Carol, Pennsylvania

Dear Carol,

If you have health insurance, check to see if it will cover your medical treatment. If it does not, or if you do not have individual health insurance, you may have the right to sue the other party for damages. However, your right to sue depends on what kind of auto insurance policy you have and the state in which you live.

In Pennsylvania, you have a choice between a limited-tort option or a full-tort option. Limited-tort allows you 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." Serious injuries are defined as death, serious impairment of a bodily function, or permanent serious disfigurement. Full-tort allows you to sue for pain and suffering as a result of injuries caused by another driver in addition to all medical and out-of-pocket expenses.

When you opt for limited tort, your auto insurance premiums are cheaper. Under full tort, your premiums cost more but you reserve your right to sue.

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