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Can I recover for my injuries if I selected limited tort but was hit by a car as I was walking across the street?

JENKINTOWN PERSONAL INJURY ATTORNEYS

Yes. In most circumstances, if you selected Limited Tort on your personal automobile insurance policy then you will need to prove that you sustained a “serious injury” in order to recover for pain and suffering and other non-economic damages. However, there are exceptions to the limited tort alternative. One such exception is if you are struck by a motorist as a pedestrian. A pedestrian is always considered Full Tort under Pennsylvania Law regardless of the tort selection you made on your personal insurance policy. This is so even if you own an uninsured car.

Under the Full Tort Alternative, an injured person need not prove anything other than the accident was the fault of another and that individual was injured. You are not required to prove that you were “seriously injured”.

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