Bike accident lawyer Matt Dolfi of Pittsburgh unravels the confusion faced by bicyclists in the Northern Tier and across Pennsylvania over the “full tort vs. limited tort” options on car insurance in the Keystone State, and what it means for insured bicyclists who are injured by motorists.
Matt does a great job of explaining in very simple terms that just because a person has selected the “limited tort” option on their auto insurance policy does NOT mean that they are “limited” by that option should they be injured by a car while riding their bicycle (or walking as a pedestrian). The bottom line is that bicyclists and pedestrians get the benefits of the full tort option when injured by a motor vehicle regardless of whether they carry the full or limited tort option on their own vehicle.
Here are some of the high points from Matt’s excellent blog post:
Full tort or limited tort: Does a limited tort selection on an automobile insurance policy apply in a bicycle accident?
The short answer is – no. If you are injured by a motorist while riding a bicycle, your ability to recover for pain and suffering is not affected by a limited tort selection on your motor vehicle insurance policy.
Many people believe that if they are involved in a bicycle accident with a motor vehicle (car, truck, bus, etc.), their limited tort insurance selection applies and precludes recovery for pain and suffering in the absence of a serious injury. But, that is not the case. Instead, because you are not occupying or operating a motor vehicle at the time of a bicycle accident, your limited tort selection does not apply.
Thanks for reading!