Auto insurance and limited tort can present a number of problems for drivers, particularly when it comes to personal injury claims.
Limited tort is an option that drivers in certain states can choose when purchasing auto insurance. It limits the ability of drivers to sue for non-economic damages, such as pain and suffering, in the event of an accident, unless the injuries meet certain criteria. In exchange for this limitation, drivers typically pay lower insurance premiums.
One of the main problems with limited tort is that it can make it difficult for drivers to recover compensation for injuries sustained in an accident. This is because non-economic damages such as pain and suffering can often make up a significant portion of a personal injury claim. With limited tort, drivers may only be able to recover economic damages, such as medical expenses and lost wages.
Another issue with limited tort is that it can be difficult to determine whether or not an injury meets the criteria for recovery of non-economic damages. This can be particularly challenging in cases where the injury is not immediately apparent, such as in cases of whiplash or soft tissue injuries. Without the ability to recover non-economic damages, drivers may be left with inadequate compensation for their injuries.
Finally, limited tort can also make it more difficult for drivers to find an attorney to represent them in a personal injury claim. Many attorneys may be hesitant to take on a case with limited tort, as the potential damages may not be sufficient to cover the costs of litigation.
Overall, limited tort can present a number of challenges for drivers, particularly when it comes to recovering compensation for injuries sustained in an accident. Drivers should carefully consider the pros and cons of limited tort before making a decision about their auto insurance coverage.