Q: Is it better to have full tort or limited tort for car insurance.
I know that limited is cheaper but is it wise. What determines a major injury that would allow you to get damages if you have limited tort? Thanks for any advice given.
A:
With "limited tort," you are permitted to sue for damages for pain and suffering only if your injury is deemed "serious" or there is a "serious impairment of bodily function." There is no further definition as to what this means, and it is ordinarily a question for a jury to decide. Therefore, if you can afford the cost and wish to have certainty in your ability to sue for pain and suffering damages following an accident, regardless of severity, a "full tort" policy will allow you to do that.
Remember that your tort selection also applies to underinsured and uninsured motorist coverages, which, if you have more than one vehicle, should be "stacked."
A:
Definitely full tort--here's why. You'll pay about $13-15 a month more for it, but if you are in a wreck even if it's not your own fault, you have just given the OTHER insurance an engraved invitation that reads "kick me."
Now we all hope we won't be in a crash, but if you are, by chosing limited tort you have made getting money for your injury way, way more difficult. Unless you have an amputation, the insurance will claim that whatever you have it's not a serious injury. Example--represented a lady with herniated discs who ended up needing surgery--even after the surgery the insurance for the guy that hit her claimed she didn't have a "significant impairment." We ended up getting her a nice award, but that took 6 years because of limited tort!
By the way you should always get uninsured/underinsured,(and if you have more than one car "stacking".) Great deals, need it as many drivers have insurance that has lapsed (uninsured) or not enough for the damage they cause (underinsured).
There are exceptions to the limited tort. If a friend with limited tort has been hit feel free to have them call me.
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