Of all the decisions you have to make regarding your auto insurance, the selection of opting for limited tort or full tort is the most important one of all. Most of the time, the prospective policyholder will just tell the agent that he/she wants to be covered as inexpensively as possible. This is the biggest mistake one can make, and too often is only discovered after an accident; a mistake that could cost you thousands of dollars.
Limited Tort, though less expensive than full tort, severely limits your ability to bring a claim against the driver at fault. In order to be able to bring a claim, your injuries must reach a certain threshold. What is this threshold? I can't give you an honest, easy answer (and I have been practicing personal injury law for over 30 years). Suffice it to say, that unless you have one foot on the banana peel and one in the grave, you won't meet it. Case law over the past two decades has attempted to define exactly what this threshold is; and it changes from case to case. I can give you all the legal jargon you want but the result is the same. It is extremely difficult to meet this threshold! And unless your injuries are so severe as to make it obvious, you will be forced to prove it in court...an undertaking that takes time and money.
Insurance companies absolutely love limited tort. Why? Although you may pay a lower premium for your policy, the companies will save millions upon millions of dollars in claims. On top of this, you never will get a good explanation from any insurance agent as to why limited tort is the right choice. More often than not, once you tell the agent you want to save money, you will be told that limited tort will accomplish this and still protect you in the event of a serious injury.
Serious Injury. The definition of this term will vary depending on whom is giving the definition. Suppose you are in an accident and have sustained neck and back injuries. Yes, you will be compensated for any lost wages and any medical bills not covered by your own policy. BUT! Suppose your neck and/or back is really painful for about 6 months. During this time, you can't do anything you were able to do before the accident. The pain is unbearable, and only after an extended time of physical therapy does it diminish. Slowly your life is getting back to where it was before the accident. What about 6 months of pain, loss of your life's pleasures during this time, your ability to perform even menial tasks. Are you going to be compensated for these injuries? With limited tort, the answer is a resounding NO! These injuries may be the worst you have ever experienced. Surely it is a serious issue to consider when purchasing a policy. If you decide on Full Tort you have more options. These options can be discussed in person or over the telephone. These options can include, among other items, reimbursement for lost wages.
