Several of our blog posts stress the importance of selecting the full tort option when you purchase your auto insurance. If you elect for limited tort instead of full tort, you are generally precluded from recovering “non-economic” damages such as pain and suffering if you are injured in an auto accident.  Of course, limited tort coverage is slightly cheaper, so many people do choose this option.  However, in the event of a serious auto accident, the decision to choose limited tort can be a costly one if you are unable to fully recover for your injuries.

Occasionally, someone who has elected for the limited tort option on their auto insurance is involved in an auto accident, not as the driver or passenger in a vehicle, but while they are walking as a pedestrian.  In that situation, is the person still precluded from recovering for damages such as pain and suffering under their limited tort policy? 

The answer is NO.

In L.S. v. David Eschbach, Jr., Inc., 583 Pa. 47, 874 A.2d 1150 (2005), the Supreme Court of Pennsylvania held that the restrictions on recovery of individuals who have elected for limited tort insurance coverage apply only to motor vehicle drivers and passengers, and do not limit the recovery of pedestrians.

If you have been injured as a pedestrian, or if you are unsure about whether you have full tort or limited tort insurance coverage, contact me here for more information about protecting your legal rights.