Vol. 5, No. 1

February, 1997

---

by Elizabeth A. Ontko, Esq.


Limited tort limits your right, and the right of members of your household, to seek compensation for injuries caused by other drivers. Under this form of insurance, you and your family cannot seek recovery for pain and suffering and other non-economic damages unless the injuries suffered fall within the definition of "serious injury."

If you think that a fractured skull, a sprained back or arthroscopic surgery on an injured knee constitute "serious" injuries, think again.

Several courts have recently held that injuries such as these are not "serious" and have denied injured persons the right to bring a claim for their non-economic losses, such as pain and suffering and effect the injury had on the quality of their life.

In Swed v. Moran, (C.P. Monroe, July 17, 1996), the plaintiff injured her knee on the dashboard during an automobile accident and eventually had arthroscopic surgery. The Court held that the plaintiff did not sustain a serious impairment of body function, denying the plaintiff the right to state her case to the jury.

Likewise, in Flowers v. Smith, (C.P. Monroe, July 9, 1996), the plaintiff was not entitled to recover non-economic damages where she suffered a sore back and elbow, underwent physical therapy for approximately 10 months, was out of work for six months and experienced difficulty in making a bed, vacuuming and going bowling.

Perhaps most devastating was the decision reached in Davies v. Roshong, (C.P. Bucks, September 4, 1996). In this case, the plaintiff, who had selected limited tort under her auto insurance policy, sustained a fractured skull in a motor vehicle collision and was hospitalized for five days. The held that her injuries were not "serious".

The message is quite clear: If you have selected limited tort under your automobile insurance policy and are involved in a motor vehicle collision, you will, in all likelihood, be denied the opportunity to recover non-economic damages for your injuries. Plaintiffs who do suffer serious injuries are being denied the opportunity to present their case to the jury.

Just how serious does a plaintiff's injuries have to be in order to overcome the limited tort selection? Unfortunately, much more serious than originally thought. What is abundantly clear is the need to have the full tort option in the event that you or a family member is injured in a motor vehicle accident.

Check your automobile insurance policy today and make sure that you have full tort. If you do not, contact your agent and ask how much it will cost. In the vast majority of cases, the amount you will pay will be money well spent.

If you have any questions about the content of this article please call us. We will be happy to help.