Visitor Question

Auto Accident Limited Tort Coverage?

Submitted By: Michelle (Downingtown, PA)

My parents, both in their 70’s, were hit when a driver on cell phone ran a red light. There is a police report. My mother seems OK so far. My father suffered a broken arm and internal injuries (including a bleeding brain).

He started acting weird (couldn’t walk, dizzy) about 3 weeks after the accident. He was taken to the ER again and had immediate brain surgery to stop the bleeding and remove pressure in the brain. He was in the ICU for a week. It was touch and go for a week. It seems he is recovering now.

They only have Limited Tort on their auto insurance. What are their chances of getting a fair settlement with the Limited Tort coverage?

I’m really worried about the quality of their lives and my daughter’s life, since they do child care for me while I work, and now my father is unable to drive. Thanks for any info you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Michelle,

Unfortunately as you already know the State of Pennsylvania is a No-Fault Insurance State. Your parents are almost entirely at the “mercy” of their policy limits. There are very few exceptions.

Although remote, there have been some cases in which those injured as a result of cell-phone usage sued the cell phone manufacturers as well as the retailers. In no-fault insurance states filing suit against third parties collaterally involved in a person’s injuries is not prohibited.

In addition, if the person who ran the red light was accused of a crime, such as driving while intoxicated, or hit and run, the law permits an injured party to become involved in the pursuit of a separate claim against them.

Check with your local personal injury attorneys. They won’t charge you for an initial office consultation. You may be able to find one who has successfully pursued a party for the above reasons.

Learn more here: Cell Phone Distractions

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,


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