I received more emails about my last post than all previous posts combined. (Six, so far, but heck, this is a new blog, right?) So everyone wants to know, are there exceptions to the rule that an injured person cannot sue for pain and suffering from a car accident? As it turns out, there are four exceptions to the law.
1. The person was hit by a drunk driver, who is either convicted of drunk driving or is accepted into the ARD diversionary program. (Or its Philadelphia equivalent, DDIPP.)
2. The person is hit by a car that is registered out of state.
3. The person is hit while in a commercial vehicle, like a taxi cab.
4. The injury suffered is very serious or results in permanent disfigurement.
This last exception is a subject of much litigation. It's a very complex subject with much caselaw going both ways. An attorney needs to carefully examine all of the facts and circumstances before offering an opinion.
The moral of the story doesn't change, however. My advice to everyone in Pennsylvania remains the same - don't fall for the limited tort option. It is a trick by the insurance companies to prevent you from obtaining justice if you should be the victim of a car accident. Spend the extra few dollars and get full tort for full protection.
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