Generally, Pennsylvania limited tort law prevents limited tort policyholders from recovering damages for car accident related pain and suffering unless their accident falls into one of the limited tort exceptions provided for in the law.
One of the limited tort exceptions allows a person with limited tort coverage to recover full tort damages if the drunk driver was convicted of or accepted Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance in the accident.
It is not enough that the injured party believes the other driver to be drunk or even that the other driver was arrested for drunk driving. Instead, the law clearly states that the other driver must be convicted or accept ARD for DUI in order for someone with limited tort coverage to sue for full tort.
An experienced limited tort lawyer can help advise an injured party of his or her rights pursuant to PA limited tort law. If you know someone in this situation, please share this page with that person so that he or she can make an informed decision about how to proceed with a car accident case.
