Pennsylvania's Limited Tort Option

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This book is solely intended to provide public legal information regarding personal injury claims and insurance.

None of the information in this book is intended to be formal legal advice, nor the formation of lawyer or attorney

client relationship.

Jonathan Ostro, Esquire

Pennsylvania’s

Limited Tort

Option

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Table of Contents

1. Preface .............................................................................................. 4

2. Introduction ...................................................................................... 5

3. Minimum Insurance Coverage Required in Pennsylvania .............. 6

4. When Are You Covered by the Limited Tort Option? ..................... 7

5. When Does Your Limited Tort Policy Apply to Others .................... 8

6. What Do Limited Tort and Full Tort Insurance Coverage Have in

Common? .......................................................................................... 9

7. The Dierences Between Full Tort and Limited Tort Options ........ 11

8. Limited Tort Exceptions #1-#6: When You Can Still Recover for Pain

and Suering .................................................................................... 12

9. Limited Tort Exception #7: The Most Common Exception –

The Serious Injury Exception to Limited Tort .................................. 15

10. Hard to Dene Injuries Under the Serious Injury Exception .......... 17

11. Statute of Limitations in Limited Tort Cases ................................... 19

12. What to Do After an Accident If You Have Limited Tort ................ 20

13. Apply These Basic Limited Tort “Rules of the Road” After a Motor

Vehicle Accident in Pennsylvania ..................................................... 21

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Appendix

75 Pa. Cons. Stat. § 1702 ........................................................................... 23

75 Pa. Cons. Stat. § 1705(a) ...................................................................... 26

75 Pa. Cons. Stat. § 1705(b) ...................................................................... 28

75 Pa. Cons. Stat. § 1705(c) ....................................................................... 28

75 Pa. Cons. Stat. § 1705(d) ...................................................................... 29

75 Pa. Cons. Stat. § 1711 ............................................................................ 30

75 Pa. Cons. Stat. § 1712(1) ........................................................................ 31

75 Pa. Cons. Stat. § 1731 ............................................................................ 33

75 Pa. Cons. Stat. § 3802 .......................................................................... 36

75 Pa. Cons. Stat. § 3807 .......................................................................... 39

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Preface

Jon Ostro, Esquire, is well known for his expertise and success as a

Pennsylvania limited tort lawyer. In this book, Jon will provide you with the

tools to understand:

• The limited tort option and its eect on your claim for compensation if

you are injured in a motor vehicle accident in Pennsylvania.

• The dierences between full tort and limited tort insurance coverage.

• Who is covered by your limited tort insurance policy.

• The exceptions to limited tort.

• Whether to select and purchase limited tort or full tort insurance when

you obtain or renew your insurance policy.

• The minimum insurance that all Pennsylvania motorists are required to

maintain.

If this book does not address a question you have about the limited tort

option or any other issue related to your insurance coverage, please email

your question to Jon Ostro, Esquire, at jostro@ostroaw.com.

Please note that the full statutory language for each insurance section that is

referred to in the content of this book (e.g., “See 75 Pa. Cons. Stat. § 1711,”),

may be found in the Appendix at the end of this book.

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Introduction

For more than two decades, Pennsylvania drivers have been given a choice

between two types of insurance coverage. The rst is known as “full

tort” insurance and the second is known as “limited tort” insurance. The

Pennsylvania Motor Vehicle Financial Responsibility Law, passed in 1990,

provides Pennsylvania drivers and motor vehicle owners with this choice

between “limited tort” and “full tort.”

While limited tort insurance coverage is typically slightly less expensive than

full tort insurance coverage, the choice between the two types of insurance

policies can have signicant consequences if you are injured in a car

accident caused by the negligence of another person. Every Pennsylvania

driver should completely understand the dierences between the full tort

and limited tort insurance options before signing a car insurance contract.

By being informed about these important insurance issues pertaining to the

limited tort insurance option, you will then understand how these insurance

options will impact you in the event that you have been involved in a

Pennsylvania motor vehicle accident. Further, when it is time to purchase

or renew your automobile insurance, you will be in a better position to

understand why Pennsylvania motor vehicle owners are much better o

choosing the full tort insurance option over the limited tort option.

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Minimum Insurance Coverage

Required in Pennsylvania

Regardless of whether you choose the full tort or limited tort insurance

option, Pennsylvania law requires you to maintain liability insurance

coverage. See 75 Pa. Cons. Stat. § 1711. At a minimum, Pennsylvania law

requires all insured drivers to pay for and maintain a liability insurance policy

that provides coverage of up to $15,000 per individual, and $30,000 to all

individuals who are injured in a Pennsylvania motor vehicle accident. See 75

Pa. Cons. Stat. § 1702. Liability insurance is intended to protect and cover the

driver who causes a motor vehicle accident.

Additionally, Pennsylvania requires vehicle owners to purchase at least

$5,000 of “rst party medical benets.” These medical benets cover your

medical bills that are related to an injury or injuries that you sustain in a

car accident. Your insurance company will be responsible for paying your

medical bills regardless of who was at fault for a car accident that caused you

to sustain an injury. See 75 Pa. Cons. Stat. § 1702.

Higher amounts of virtually all insurance benets are available and should be

considered. Also, additional types of motor vehicle insurance are available,

such as insurance to cover income you lose because of injuries you sustain

in an accident, or insurance to protect you nancially if you are injured by

an uninsured driver (called “UM,”) or an underinsured driver (called “UIM”)

who does not carry enough liability insurance to compensate you and your

family members fully for your injuries and losses. See 75 Pa. Cons. Stat. § 1731.

If you were at fault for causing an accident and the value of the injuries,

losses and/or damage you cause to another party or parties exceeds the

amount of your insurance coverage, then the other parties may pursue your

assets in order to pay for their damages and losses. It is therefore important

to maintain Pennsylvania car insurance in an amount that will adequately

protect your property and nancial interests.

Your potential nancial recovery for injuries and losses you might sustain in

a motor vehicle accident may be impacted by whether you selected full tort

insurance coverage or the limited tort option. The remainder of this book will

be dedicated to explaining the impact of this important decision.

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When Are You Covered by the

Limited Tort Insurance Option?

A Pennsylvania motor vehicle owner decides whether to purchase full

tort or limited tort insurance coverage at the time he or she purchases or

renews car insurance. If you choose limited tort coverage, then you are

bound by the terms of the contract until you change your selections and a

new insurance contract becomes eective.

Additionally, if you own a motor vehicle that is currently registered in

Pennsylvania but is uninsured, you will be treated as if you selected the

limited tort insurance option. As a result, you may be prevented from

obtaining a nancial recovery for your injuries caused by a negligent driver.

The Pennsylvania Motor Vehicle Financial Responsibility Act provides

that the owner of a currently registered vehicle who fails to purchase

motor vehicle insurance

– as required by Pennsylvania law – is deemed to

have selected the limited tort insurance option if he or she is injured in a

Pennsylvania motor vehicle accident. See 75 Pa. Cons. Stat. § 1705(a).

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When Does Your Limited Tort

Policy Apply to Others?

Not only does the decision about whether to select the full tort or limited

tort insurance option aect the motor vehicle owner, this decision often

impacts other relatives who reside with the named insured.

“Resident relatives” of the named insured will be bound by the insured

person’s tort option selection if they:

• do not own a motor vehicle in their name;

• and are not a named insured on their own insurance policy;

• and reside with the named insured;

• and are related to the named insured.

Some examples of “resident relative” include the following categories of

individuals who reside with and share one of the following relationships

with the named insured:

• biological children or stepchildren;

• a spouse;

• siblings;

• parents;

• stepparents;

• grandparents;

• rst aunts or uncles and more distant relatives in some cases.

Here are some examples of individuals who are not considered “resident

relatives” of a named insured, even if they reside with the named insured:

• unrelated roommates or housemates;

• a live-in boyfriend or girlfriend, if not married to the named insured,

even if they have children together. This includes same-sex partner

marriages, even if legally recognized outside of Pennsylvania;

• foster children or foster parents;

• friends;

• relatives of someone in the household other than the named insured

or his or her spouse

See 75 Pa. Cons. Stat. § 1705(b)(2).

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What Do Limited Tort and Full

Tort Insurance Coverage Have in

Common?

In order to understand how limited tort insurance is dierent from full

tort insurance, it is important to rst understand what the two types of

insurance options have in common. Both full tort and limited tort insurance

options allow an injured party who is not the primary cause of a motor

vehicle accident to recover for unreimbursed economic losses from the

party who caused the accident.

“Unreimbursed Economic losses” may include, but are not limited to:

• unreimbursed medical expenses, including co-pays, deductibles, and

amounts owed out of a recovery for liens imposed by certain health

providers;

• unreimbursed, lost income;

• property damage to your vehicle;

• specic out-of-pocket costs, such as for personal property that is

damaged in an accident, including eyeglasses, laptop computers,

damaged clothing, after-market radios or GPS, etc.

See 75 Pa. Cons. Stat. § 1705(a)(1)A.

Both limited tort and full tort insurance allow an injured party who is not

the primary cause of a motor vehicle accident to recover for unreimbursed

medical expenses from the party who caused the accident. “Unreimbursed

medical expenses” include the costs incurred for reasonable and necessary

medical treatment and rehabilitation services for injuries that are sustained

in an automobile accident and are not covered by other insurance available

to the injured party. Many health insurance policies have the right to be

reimbursed for car accident-related medical bills they pay and this creates

an enforceable lien. This lien is also recoverable from the party at fault,

regardless of whether the injured party is covered by the full tort or limited

tort insurance option.

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Unreimbursed medical expenses can arise from many types of medical

services. These services include, but are not limited to, hospital, dental,

rehabilitation, surgical, psychiatric, psychological, osteopathic, ambulance,

chiropractic, licensed physical therapy, nursing services, vocational

rehabilitation, occupational therapy, speech pathology, audiology,

optometry services, medications, medical supplies, and prosthetic devices.

Loss of income. Whether an injured party is covered by the full tort or

limited tort insurance option, if a physician deems the injured person

disabled and unable to perform his or her job responsibilities, the injured

person may recover for:

• the wages lost from being out of work; or

• the cost of paying another person to perform the injured person’s job

responsibilities, if the injured person is self-employed.

Property Damage. Finally, regardless of whether you selected the full tort

or limited tort option, if another person is at fault for causing your accident,

you are entitled to be reimbursed for the cost of xing or replacing your

damaged vehicle.

See 75 Pa. Cons. Stat. § 1705(d).

Despite these similarities, there are still signicant dierences between full

tort and limited tort insurance coverage.

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The Differences Between the Full

Tort and Limited Tort Options

The most signicant dierence between full tort and limited tort insurance

coverage relates to the recovery of non-economic damages. The most

common non-economic damage is pain and suering. However, non-

economic damages also include loss of consortium (if the victim is married),

loss of your ability to continue with your favorite hobbies, pasttimes,

and household routines. See 75 Pa. Cons. Stat. § 1705(a)(1). Pennsylvania

accident victims who are covered by the full tort insurance option at the

time they are injured in a car accident can sue for pain and suering, loss

of consortium, loss of life’s pleasures, and other non-economic losses,

regardless of the extent of their injuries and without consideration to any

of the “limited tort exceptions,” which are outlined in the next chapter.

See 75 Pa. Cons. Stat. § 1705(a)(1)B. Quite simply, those insured by full tort

policies can sue and may recover for non-economic, pain and suering

damages, as long as the driver who caused their accident was negligent or

otherwise legally responsible for the accident injuries, damages or losses.

Pennsylvania accident victims who are covered by limited tort insured

policies do not share the same unlimited right to sue for these non-

economic damages. In order for an accident victim covered by limited

tort insurance policies to recover for non-economic losses, including pain

and suering, he or she must be able to prove that they suered a serious

injury or that a circumstance of their accident falls into a specic exception

to the restrictions of limited tort that would allow them to recover these

damages. See 75 Pa. Cons. Stat. § 1705(a)(1)A.

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Limited Tort Exceptions #1-#6:

When You Can Still Recover for Pain

and Suffering

Limited tort may limit an insured’s right to recover non-economic damages

in some accident cases, but not in all situations.

Pennsylvania law expressly allows those covered by limited tort insurance

to recover non-economic damages in certain situations. See 75 Pa. Cons.

Stat. § 1705(a)(1)A. In other words, there are circumstances in which

a person who is insured by a limited tort policy can still recover these

damages as if he or she has a full tort policy. This includes damages for

non-economic injuries, such as pain and suering. See 75 Pa. Cons. Stat. §

1705(d).

In order to recover for pain and suering and other non-economic

damages, a person covered by the limited tort option must have been

injured in a motor vehicle accident that was the fault of another person

and one of the exceptions to limited tort which are described below must

apply. It is important to note that only the serious injury exception to limited

tort applies to Uninsured Motorist Benets (UM) and Underinsured Motorist

Benets (UIM) claims submitted through your own insurance policy or for

the policy covering the motor vehicle you were occupying at the time of the

accident. The other exceptions only apply to a claim made against the other

driver.

Limited Tort Exception #1: The person at fault was convicted of or accepted

Accelerated Rehabilitative Disposition (ARD) for driving under the

inuence of alcohol or a controlled substance in the accident that caused

the limited tort insured’s injuries. See 75 Pa. Cons. Stat. § 1705(d)(1)(i).

Also see “Driving under inuence of alcohol or controlled substance” 75 Pa.

Cons. Stat. § 3802.

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Under this limited tort exception, it is not enough that the person causing

the crash was arrested for driving under the inuence of alcohol. The

following conditions must also apply:

• The at-fault driver must have a blood alcohol content above the

Pennsylvania legal limit of 0.08% at the time of the collision.

• The at-fault driver must have been convicted of drunk driving or

accepted into an Accelerated Rehabilitative Disposition (“ARD”)

program pursuant to 75 Pa. Cons. Stat. § 3807.

Limited Tort Exception #2: The person at fault for the accident was driving

a vehicle registered in a state other than Pennsylvania. See 75 Pa. Cons.

Stat. § 1705(d)(1)(ii).

This exception applies to the vehicle involved in the crash rather than to the

driver. For example, if the person at fault has a New Jersey driver’s license,

but is driving a motor vehicle that is registered in Pennsylvania, then this

exception would not apply. However, if the person causing the accident was

driving a car registered in New Jersey, or any state other than Pennsylvania,

then this exception would apply.

Limited Tort Exception #3: The person at fault intends to injure himself or

someone else. See 75 Pa. Cons. Stat. § 1705(d)(iii).

This exception applies when a driver intentionally strikes another person,

with the purpose of injuring another person, pedestrian or cyclist.

This exception clearly sets forth that it is not enough for the person’s

action, or inaction, to be intentional. Nor is it sucient for purposes of this

limited tort exception for the person to have been aware that his or her

action would create a grave risk of causing an injury. Furthermore, even

if the act had been intentional, it would not constitute an exception to

limited tort if the person was intentionally acting to avoid bodily harm. The

intention of the other driver must be to cause harm, and then the intended

harm occurs.

There is a very important practical consideration for this exception. In

almost all cases, if a driver intentionally causes harm to another individual,

this intentional act will usually not be covered by that person’s liability

insurance policy. Virtually all liability insurance policies in Pennsylvania

exclude injuries caused by the intentional acts of the insured driver.

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Limited Tort Exception #4: The person covered by limited tort insurance

is injured in an accident caused by a defect in the design, manufacturing,

repair or maintenance of a vehicle. See 75 Pa. Cons. Stat. § 1705(d)(1)(ii).

If an accident was caused by a motor vehicle defect rather than the

negligence of another driver, a person covered under a limited tort

insurance policy may be able to recover non-economic damages. In order

for this exception to apply, the injured party must be able to prove that

the accident was the result of negligence by the vehicle manufacturer,

mechanic, distributor, or seller.

Limited Tort Exception #5: The person covered by limited tort insurance

is injured while a passenger in a vehicle other than a private passenger

motor vehicle. See 75 Pa. Cons. Stat. § 1702.

If a person with limited tort insurance is injured while on a bus, in

a commercial truck, as a pedestrian, in a taxi, on a motorcycle, in a

recreational vehicle, in a rental vehicle, or in any other type of vehicle that

is not a private passenger vehicle, then that person is entitled to recover

for their pain and suering damages against the negligent party’s insurance

company as if they chose the full tort option.

Pennsylvania law denes a private passenger motor vehicle as a four wheel

motor vehicle that:

• Is insured by a person.

• Is a passenger car that is used privately and not rented to others, used

by the public (such as a taxi cab), or used in livery conveyance.

• Has a gross weight of not more than 9,000 pounds.

• Is not principally used for commercial purposes (other than farming).

• Is not a recreational vehicle unintended for highway use.

Limited Tort Exception #6: The person at fault has not maintained nancial

responsibility, or insurance, as required by the Motor Vehicle Financial

Responsibility Law. See 75 Pa. Cons. Stat. § 1705(a).

As a practical matter, this exception is rarely helpful. If the at-fault driver is

uninsured, then the injured victim may either pursue their personal assets

— which is rarely successful — or they can pursue UM coverage through

their own insurance company. However, this limited tort coverage does not

apply to a UM or UIM claim.

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Limited Tort Exception #7:

The Most Common Exception: The

Serious Injury Exception to Limited

Tort

The “serious injury exception” is relied upon more frequently than any

other limited tort exception. This exception is also the most challenging

exception to rely on. However, if a serious injury can be proven, it will not

only serve as an exception to limited tort in the claim against the negligent

person who caused the accident, it will also serve as an exception to an

Uninsured Motorist (UM) or Underinsured Motorist (UIM) benet claim for

these benets from the injured parties own insurance company.

The “serious injury exception” is set forth in 75 Pa. Cons. Stat. § 1705(d). In

order to prove that a serious injury was sustained under this statute and in

accordance with court decisions in Pennsylvania, the victim must have either:

• Been fatally injured;

• Suered a serious impairment of a bodily function; or

• Sustained a permanent, serious disgurement. Note that a signicant,

prominent scar will often qualify as a “disgurement.”

Unlike the exceptions discussed above, insurance companies often challenge

and try to disprove the existence of a serious enough injury to overcome

limited tort. In limited tort exceptions #1 through #6 discussed earlier, the

application of an exception to a case is typically clear. For example, your

car was either registered in Pennsylvania, or it was not. You were either a

pedestrian when you were hurt, or you were not. The at-fault driver was

either convicted of DUI or not.

Because the insurance companies frequently dispute the existence of a

“serious injury” under this statutory exception, there have been many cases

in Pennsylvania that address the controversy over this issue. As a result,

the denition of a serious injury has been argued in courts throughout

Pennsylvania over the past 20 years. Still, there is ongoing uncertainty about

what constitutes a “serious injury” in many cases. Limited tort “serious injury

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exception” cases have dierent outcomes in the same county and especially

from one county to the next. For instance, it may be easier to prove that an

injury is serious before a jury in Philadelphia, than it is to do the same before

a jury in Bucks or Montgomery County.

For these reasons, it is typically very dicult for an unrepresented

Pennsylvania accident victim to prove that he has sustained a “serious

injury” under this limited tort exception. As a result, it is critically important

that an accident victim consult with an experienced limited tort lawyer who

understands these exceptions. The limited tort lawyer you consult with

should make sure you understand the “serious injury” exception. The limited

tort lawyer must have experience proving that their clients have sustained

a “serious injury.” Finally, the Pennsylvania limited tort lawyer you contact

must be able to apply the Pennsylvania “serious injury exception” to the

specic facts in your case. This analysis must take into account:

• The injuries that were diagnosed;

• The length of time your accident related treatment lasted;

• The type of treatment you received;

• Any residual problems you have after improving as much as you can

medically;

• Any activities of daily living that you are unable to do or that are harder

for you to do;

• The dierent counties that you may be able to sue in.

While a good Pennsylvania limited tort lawyer is important regardless of the

exception you are claiming, it is even more imperative if you are claiming that

you should be entitled to pain and suering damages because you suered a

“serious injury.”

If the evidence in your medical records and your lawyer’s arguments are

convincing enough, then your Pennsylvania limited tort lawyer may be able

to convince an insurance company to settle with you prior to trial. In the end,

it may be necessary to present your case to a jury in order to prove that your

injury is both serious and substantially impacting your life.

It is important that your lawyer always prepare your case as if it’s going to

trial. This is the best strategy to properly prepare your case for settlement

or trial. In order to obtain a fair settlement, the insurance company must

recognize that you and your lawyer are truly committed to successfully

proving that your injury or injuries will overcome the “serious injury

exception” to limited tort.

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Hard to Define Injuries Under the

Limited Tort Exception

Where it is not abundantly clear that an individual sustained a “serious

injury” or “disgurement,” the Pennsylvania Supreme Court has made it

clear that a jury may decide whether an injury resulted in a “permanent

disgurement” or an “impairment of a bodily function.” See Washington v.

Baxter, 719 A.2d 733 (Pa. 1998) and Hames v. Philadelphia Housing Authority,

737 A.2d 825 (PA 1999). The Baxter case established that the injured party

has the right to a jury trial in all but the clearest cases and developed a

standard for determining whether a serious impairment of a bodily function

occurred. Specically, the Baxter Court decided that two questions must

be answered in determining whether an injury is a serious impairment to a

bodily function.

(1) Was a signicant bodily function impaired because of the Pennsylvania

car accident injuries?

(2) Was the impairment serious?

In applying the Baxter standard, Pennsylvania courts want a jury to weigh

evidence about the injuries themselves and about the impact of the

injuries on the accident victim’s life. Medical testimony from a physician is

necessary to determine the existence of a serious injury. The injury does not

need to be permanent to be dened as “serious.” However, permanence is

one relevant consideration for this limited tort “serious injury exception.”

Under Baxter, a jury may consider:

• The extent of the impairment;

• The length of time the impairment lasted;

• The medical and rehabilitation treatment required to correct or

minimize the eects of the impairment;

• Any other relevant factors.

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Whether an injury will be serious enough to meet the criteria of this

“serious injury exception” to limited tort depends very specically on the

details of the case. What may constitute a lesser injury for one person may

be a serious injury for another, depending on that person’s age, occupation,

and other relevant factors.

When discussing the factors relevant to a jury’s determination of whether

or not an accident victim’s injury is a “serious injury” and an exception to

limited tort, it is also important to consider what a jury cannot consider. The

jury cannot be instructed that the plainti elected the limited tort option

in exchange for a lower car insurance premium, because this is misleading,

prejudicial and irrelevant. See Price v. Guy, 735 A.2d 668 (Pa. 1999). Instead,

it is the jury’s role to focus on determining whether the plainti suered a

“serious injury,” without any additional information about why the jury is

making this determination.

The information described above may seem daunting. The “serious injury

exception” to limited tort is confusing and is not consistent from county to

county in Pennsylvania. It is important to know that many Pennsylvania car

accident victims who are well represented by a Pennsylvania limited tort

lawyer and who are covered by the limited tort option have successfully

asserted their rights under this “serious injury exception” and are able to

recover pain and suering damages for their serious injuries. By consulting

and retaining an experienced and knowledgeable limited tort attorney,

you will better understand how the “serious injury” exception applies to

your circumstance. For these reasons, the limited tort lawyer you retain

must have experience proving that their clients have sustained a “serious

injury” and must have a track record of success in dealing with insurance

companies and juries when this issue arises.

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Statute of Limitations in Limited

Tort Cases

Generally, motor vehicle accident cases and other personal injury actions

have a two-year statute of limitations in Pennsylvania. See 42 Pa. Cons,

Stat. §5524(2). This general rule holds true for the economic damages part

of a limited tort case. For example, the statute of limitations for medical

expenses and lost wages generally begins on the day of the accident.

However, the two year statute of limitations may be extended for non-

economic damages in limited tort cases when a person insured by limited

tort sues for non-economic damages pursuant to the serious injury

exception. As discussed above, what constitutes a “serious injury” and

how that injury will impact your life is not always readily apparent. Thus,

Pennsylvania courts have held that for purposes of the “serious injury

exception” to limited tort, the statute of limitations does not begin to

run until the injured party knows, or should have known, that he or she

incurred a serious injury.

The potentially dierent eective dates for the applicable statute of

limitations can create practical and legal problems. Therefore, it is

important to consult with an experienced Pennsylvania limited tort

attorney who can help you navigate these potential complications. You also

want to make sure that your lawsuit is properly led and served upon all

defendants, within the required statute of limitations under Pennsylvania

law. Failure to le your case before the expiration of the statute of

limitations may preclude you from obtaining a nancial recovery and bar

you from bringing a claim.

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What to Do After An Accident If

You Have Limited Tort

As you can tell from the information provided in this book about limited

tort, you may have a lot at stake if you are covered by the limited tort

option when you are injured in a Pennsylvania car crash.

Some insurance companies try to convince an accident victim covered by

limited tort that they do not have the right to recover for their pain and

suering after an accident. Obviously, insurance companies would much

prefer to receive premiums than pay benets or compensation to injured

victims.

Your insurance agent also has a strong nancial incentive to try to convince

you that you shouldn’t pursue an injury claim if you have limited tort. This

is because your insurance agent receives a potentially large kickback or

bonus at the end of the year from the insurance companies he or she sells

for. This compensation is important to your agent and is a direct result of

claims paid versus premiums received by your agent’s oce. Therefore, this

bonus goes up based on premiums paid and drops dramatically when the

insurance company has to pay money related to a loss.

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Apply These Basic Limited Tort

“Rules of the Road” After a Motor

Vehicle Accident in Pennsylvania

By taking the time to read this book and understand how the limited tort

option works in Pennsylvania, you now possess the knowledge you need to

be aware of your basic rights after you’ve been injured in a motor vehicle

accident. You will also understand why the insurance adjusters or your

agent immediately dismiss your right to compensation and benets. Be

sure to take the following steps to ensure your fair and just recovery.

1. If you are physically able to—or if another passenger in your vehicle is

physically able to—do the following at the accident scene:

• Use a cell phone to take photos of both cars. If possible, do this at

the accident scene before the vehicles are moved.

• If any witnesses approach you at the scene, try to get their name

and phone numbers. If you are physically unable to write this

information down, ask them to write it down and give it to you,

or if you have a recording option on your cell phone, just speak

this information into your phone where it can be recorded and

retrieved later.

• Try to obtain the insurance information of the other vehicle.

• Ask the investigating police ocer for the barracks they are from

and the incident report number. You can write this down or record

this information on your phone if you have that option.

• Within a day or two thereafter, write down any details you recall

about how the accident occurred. If you are physically unable to

do this and if your cell phone has a recording option, make an

audio recording of this information.

• As soon as you are physically able and every other day thereafter,

take photographs of your visible injuries with the highest quality

camera you have access to. Be sure and photograph lacerations

and cuts, bruises, abrasions, stitches, swelling, redness, or any

evidence of trauma.

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2. Whether you are transported to the emergency room or not, if you

are injured, it is very important to see an experienced doctor or return

to the emergency room to see a physician who can properly treat and

diagnose your accident-related injuries. Continue to obtain medical

treatment until your injuries are resolved. Your doctor will not only

help you get the medical care that you need, but may also provide

important information if you seek to recover compensation for your

pain and suering. This applies whether you are full tort or limited tort.

3. Finally, it is important to consult with an experienced Pennsylvania

limited tort lawyer. Limited tort is a complicated area of Pennsylvania

motor vehicle accident law and the potential limitations with limited

tort coverage are signicant for a car accident victim. A knowledgeable

limited tort attorney can provide you with a legal analysis of your

case and can help you understand how best to protect your legal and

nancial interests after you’ve been hurt or sustained damages as a

result of a motor vehicle accident in Pennsylvania.

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APPENDIX

(PENNSYLVANIA LIMITED TORT STATUTES CITED IN THIS BOOK)

75 Pa. Cons. Stat. § 1702

§ 1702. Denitions.

The following words and phrases when used in this chapter shall have the

meanings given to them in this section unless the context clearly indicates

otherwise:

“Assigned Risk Plan.” A program for the equitable apportionment of

assigned risks and clean risks among insurers.

“Automobile Insurance Policy Act.” The act of June 5, 1968 (P.L.140,

No.78), entitled “An act regulating the writing, cancellation of or refusal to

renew policies of automobile insurance; and imposing powers and duties

on the Insurance Commissioner therefor.”

“Benets” or “rst party benets.” Medical benets, income loss benets,

accidental death benets and funeral benets.

“Clean risk.” An insured or an applicant for insurance who, for the 36-

month period immediately preceding the date of application or renewal

date of the policy:

(1) has not been involved in an accident as a driver, provided that, for

purposes of this paragraph, an “accident” shall not include accidents

described in section 3 of the Automobile Insurance Policy Act or

section 1799.3 (relating to limit on cancellations, refusals to renew,

refusals to write, surcharges, rate penalties and point assignments);

(2) has not received more than three points for violations as set forth in

Chapter 15 (relating to licensing of drivers); and

(3) whose operator’s license has not been suspended or revoked except

under section 1533 (relating to suspension of operating privilege for

failure to respond to citation) and the insured is able to produce proof

that he or she has responded to all citations and paid all nes and

penalties imposed under that section and provided further that the

named insured has been a licensed operator in Pennsylvania or another

state for the immediately preceding three years.

“Commissioner.” The Insurance Commissioner of the Commonwealth.

“Department.” The Department of Transportation or Insurance

Department, as applicable.

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APPENDIX

“Financial responsibility.” The ability to respond in damages for liability

on account of accidents arising out of the maintenance or use of a

motor vehicle in the amount of $15,000 because of injury to one person

in any one accident, in the amount of $30,000 because of injury to

two or more persons in any one accident and in the amount of $5,000

because of damage to property of others in any one accident. The

nancial responsibility shall be in a form acceptable to the Department of

Transportation.

“Injury.” Accidentally sustained bodily harm to an individual and that

individual’s illness, disease or death resulting therefrom.

“Insured.” Any of the following:

(1) An individual identied by name as an insured in a policy of motor

vehicle liability insurance.

(2) If residing in the household of the named insured:

(i) a spouse or other relative of the named insured; or

(ii) a minor in the custody of either the named insured or relative of

the named insured.

“Insurer” or “insurance company.” A motor vehicle liability insurer subject

to the requirements of this chapter.

“Necessary medical treatment and rehabilitative services.” Treatment,

accommodations, products or services which are determined to be

necessary by a licensed health care provider unless they shall have been

found or determined to be unnecessary by a State-approved Peer Review

Organization (PRO).

“Noneconomic loss.” Pain and suering and other nonmonetary detriment.

“Peer Review Organization” or “PRO.” Any Peer Review Organization

with which the Federal Health Care Financing Administration or the

Commonwealth contracts for medical review of Medicare or medical

assistance services, or any health care review company, approved by the

commissioner, that engages in peer review for the purpose of determining

that medical and rehabilitation services are medically necessary and

economically provided. The membership of any PRO utilized in connection

with this chapter shall include representation from the profession whose

services are subject to the review.

“Private passenger motor vehicle.” A four-wheel motor vehicle, except

recreational vehicles not intended for highway use, which is insured by a

natural person and:

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APPENDIX

(1) is a passenger car neither used as a public or livery conveyance nor

rented to others; or

(2) has a gross weight not exceeding 9,000 pounds and is not principally

used for commercial purposes other than farming.

The term does not include any motor vehicle insured exclusively under a

policy covering garage, automobile sales agency repair shop, service station

or public parking place operation hazards.

“Self-insurer.” An entity providing benets and qualied in the manner set

forth in section 1787 (relating to self-insurance).

“Serious injury.” A personal injury resulting in death, serious impairment of

body function or permanent serious disgurement.

“Underinsured motor vehicle.” A motor vehicle for which the limits of

available liability insurance and self-insurance are insucient to pay losses

and damages.

“Uninsured motor vehicle.” Any of the following:

(1) A motor vehicle for which there is no liability insurance or self-

insurance applicable at the time of the accident.

(2) A motor vehicle for which the insurance company denies coverage

or the insurance company is or becomes involved in insolvency

proceedings in any jurisdiction.

(3) An unidentied motor vehicle that causes an accident resulting

in injury provided the accident is reported to the police or proper

governmental authority and the claimant noties his insurer within 30

days, or as soon as practicable thereafter, that the claimant or his legal

representative has a legal action arising out of the accident.

“Voluntary rate.” An insurer’s rating plan approved by the commissioner. In

the case of an insurer with multiple rating plans, the voluntary rate shall be

that rating plan applicable to the risk.

(Feb. 12, 1984, P.L.53, No.12, e. Oct. 1, 1984; Feb. 7, 1990, P.L.11, No.6, e.

imd.)

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APPENDIX

75 Pa. Cons. Stat. § 1705(a)

§ 1705. Election of tort options.

(a) Financial responsibility requirements.--

(1) Each insurer, not less than 45 days prior to the rst renewal of a private

passenger motor vehicle liability insurance policy on and after July 1,

1990, shall notify in writing each named insured of the availability of two

alternatives of full tort insurance and limited tort insurance described in

subsections (c) and (d). The notice shall be a standardized form adopted by

the commissioner and shall include the following language:

NOTICE TO NAMED INSUREDS

Additional coverages under this option are available at additional cost.

C. You may contact your insurance agent, broker or company to discuss the

cost of other coverages.

D. If you wish to choose the “limited tort” option described in paragraph A,

you must sign this notice where indicated below and return it. If you do not

sign and return this notice, you will be considered to have chosen the “full

tort” coverage as described in paragraph B and you will be charged the

“full tort” premium.

I wish to choose the “limited tort” option described in paragraph A:

Named Insured Date

E. If you wish to choose the “full tort” option described in paragraph B,

you may sign this notice where indicated below and return it. However,

if you do not sign and return this notice, you will be considered to have

chosen the “full tort” coverage as described in paragraph B and you will be

charged the “full tort” premium.

I wish to choose the “full tort” option described in paragraph B:

Named Insured Date

(2) Insurers shall print the above notice containing both options on one

sheet in prominent type and place in a prominent location. Any person

signing, or otherwise bound by, a document containing such terms is bound

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APPENDIX

by such election and is precluded from claiming liability of any person based

upon being inadequately informed in making the election between full tort

or limited tort alternatives. Where there are two or more named insureds

on a policy, any named insured may make the full or limited tort election

provided for in this section for all named insureds on the policy.

(3) If a named insured who receives a notice under paragraph (1) does not

indicate a choice within 20 days, the insurer shall send a second notice. The

second notice shall be in a form identical to the rst notice, except that it

shall be identied as a second and nal notice. If a named insured has not

responded to either notice ten days prior to the renewal date, the named

insured and those he is empowered by this section to bind by his choice

are conclusively presumed to have chosen the full tort alternative. All

notices required by this section shall advise that if no tort election is made,

the named insured and those he is empowered to bind by his choice are

conclusively presumed to have chosen the full tort alternative. Any person

subject to the limited tort option by virtue of this section shall be precluded

from claiming liability of any person based upon being inadequately

informed.

(4) Each insurer, prior to the rst issuance of a private passenger motor

vehicle liability insurance policy on and after July 1, 1990, shall provide each

applicant with the notice required by paragraph (1). A policy may not be

issued until the applicant has been provided an opportunity to elect a tort

option.

(5) An owner of a currently registered private passenger motor vehicle who

does not have nancial responsibility shall be deemed to have chosen the

limited tort alternative.

(6) Nothing in this section changes or modies the existing requirement

that owners of registered vehicles maintain bodily injury and property

damage liability insurance arising out of the ownership, maintenance or use

of a motor vehicle.

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APPENDIX

75 Pa. Cons. Stat. § 1705(b)

(b) Application of tort options.--

(1) The tort option elected by a named insured shall apply to all private

passenger motor vehicle policies of the named insured issued by the same

insurer and shall continue in force as to all subsequent renewal policies,

replacement policies and any other private passenger motor vehicle

policies under which the individual is a named insured until the insurer, or

its authorized representative, receives a properly executed form electing

the other tort option.

(2) The tort option elected by a named insured shall apply to all insureds

under the private passenger motor vehicle policy who are not named

insureds under another private passenger motor vehicle policy. In the case

where more than one private passenger motor vehicle policy is applicable

to an insured and the policies have conicting tort options, the insured

is bound by the tort option of the policy associated with the private

passenger motor vehicle in which the insured is an occupant at the time

of the accident if he is an insured on that policy and bound by the full tort

option otherwise.

(3) An individual who is not an owner of a currently registered private

passenger motor vehicle and who is not a named insured or insured under

any private passenger motor vehicle policy shall not be precluded from

maintaining an action for noneconomic loss or economic loss sustained in a

motor vehicle accident as the consequence of the fault of another person

pursuant to applicable tort law.

75 Pa. Cons. Stat. § 1705(c)

Each person who is bound by the full tort election remains eligible to seek

compensation for noneconomic loss claimed and economic loss sustained

in a motor vehicle accident as the consequence of the fault of another

person pursuant to applicable tort law.

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APPENDIX

75 Pa. Cons. Stat. § 1705(d)

(d) Limited tort alternative.--

Each person who elects the limited tort alternative remains eligible to seek

compensation for economic loss sustained in a motor vehicle accident as

the consequence of the fault of another person pursuant to applicable

tort law. Unless the injury sustained is a serious injury, each person who is

bound by the limited tort election shall be precluded from maintaining an

action for any noneconomic loss, except that:

(1) An individual otherwise bound by the limited tort election who sustains

damages in a motor vehicle accident as the consequence of the fault of

another person may recover damages as if the individual damaged had

elected the full tort alternative whenever the person at fault:

(i) is convicted or accepts Accelerated Rehabilitative Disposition

(ARD) for driving under the inuence of alcohol or a controlled

substance in that accident;

(ii) is operating a motor vehicle registered in another state;

(iii) intends to injure himself or another person, provided that an

individual does not intentionally injure himself or another person

merely because his act or failure to act is intentional or done with

his realization that it creates a grave risk of causing injury or the

act or omission causing the injury is for the purpose of averting

bodily harm to himself or another person; or

(iv) has not maintained nancial responsibility as required by this

chapter, provided that nothing in this paragraph shall aect the

limitation of section 1731(d)(2) (relating to availability, scope and

amount of coverage).

(2) An individual otherwise bound by the limited tort election shall retain

full tort rights with respect to claims against a person in the business of

designing, manufacturing, repairing, servicing or otherwise maintaining

motor vehicles arising out of a defect in such motor vehicle which is caused

by or not corrected by an act or omission in the course of such business,

other than a defect in a motor vehicle which is operated by such business.

(3) An individual otherwise bound by the limited tort election shall retain

full tort rights if injured while an occupant of a motor vehicle other than a

private passenger motor vehicle.

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APPENDIX

75 Pa. Cons. Stat. § 1711

§ 1711. Required benets.

(a) Medical benet.--

An insurer issuing or delivering liability insurance policies covering any

motor vehicle of the type required to be registered under this title, except

recreational vehicles not intended for highway use, motorcycles, motor-

driven cycles or motorized pedalcycles or like type vehicles, registered and

operated in this Commonwealth, shall include coverage providing a medical

benet in the amount of $5,000.

(b) Minimum policy.--

All insurers subject to this chapter shall make available for purchase

a motor vehicle insurance policy which contains only the minimum

requirements of nancial responsibility and medical benets as provided

for in this chapter.

(Feb. 12, 1984, P.L.53, No.12, e. Oct. 1, 1984; Apr. 26, 1989, P.L.13, No.4, e.

June 1, 1989; Feb. 7, 1990, P.L.11, No.6, e. July 1, 1990)

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APPENDIX

75 Pa. Cons. Stat. § 1712(1)

§ 1712. Availability of benets.

An insurer issuing or delivering liability insurance policies covering any

motor vehicle of the type required to be registered under this title, except

recreational vehicles not intended for highway use, motorcycles, motor-

driven cycles or motorized pedalcycles or like type vehicles, registered and

operated in this Commonwealth, shall make available for purchase rst

party benets with respect to injury arising out of the maintenance or use

of a motor vehicle as follows:

(1) Medical benet.--

Subject to the limitations of section 1797 (relating to customary charges

for treatment), coverage to provide for reasonable and necessary medical

treatment and rehabilitative services, including, but not limited to, hospital,

dental, surgical, psychiatric, psychological, osteopathic, ambulance,

chiropractic, licensed physical therapy, nursing services, vocational

rehabilitation and occupational therapy, speech pathology and audiology,

optometric services, medications, medical supplies and prosthetic devices,

all without limitation as to time, provided that, within 18 months from

the date of the accident causing injury, it is ascertainable with reasonable

medical probability that further expenses may be incurred as a result of the

injury. Benets under this paragraph may include any nonmedical remedial

care and treatment rendered in accordance with a recognized religious

method of healing.

(2) Income loss benet.--

Includes the following:

(i) Eighty percent of actual loss of gross income.

(ii) Reasonable expenses actually incurred for hiring a substitute to perform

self-employment services thereby mitigating loss of gross income or for

hiring special help thereby enabling a person to work and mitigate loss of

gross income.

Income loss does not include loss of expected income for any period

following the death of an individual or expenses incurred for services

performed following the death of an individual. Income loss shall not

commence until ve working days have been lost after the date of the

accident.

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APPENDIX

(3) Accidental death benet.--

A death benet paid to the personal representative of the insured, should

injury resulting from a motor vehicle accident cause death within 24 months

from the date of the accident.

(4) Funeral benet.--

Expenses directly related to the funeral, burial, cremation or other form of

disposition of the remains of a deceased individual, incurred as a result of

the death of the individual as a result of the accident and within 24 months

from the date of the accident.

(5) Combination benet.--

A combination of benets described in paragraphs (1) through (4) as an

alternative to the separate purchase of those benets.

(6) Extraordinary medical benets.--

Medical benets, as dened in paragraph (1), which exceed $100,000.

(Feb. 12, 1984, P.L.53, No.12, e. Oct. 1, 1984; Feb. 7, 1990, P.L.11, No.6,

e. July 1, 1990; Oct. 4, 2002, P.L.845, No.123, e. 60 days; Dec. 23, 2002,

P.L.1982, No.229, e. Dec. 3, 2002)

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APPENDIX

75 Pa. Cons. Stat. § 1731

§ 1731. Availability, scope and amount of coverage.

(a) Mandatory oering.--

No motor vehicle liability insurance policy shall be delivered or issued

for delivery in this Commonwealth, with respect to any motor vehicle

registered or principally garaged in this Commonwealth, unless uninsured

motorist and underinsured motorist coverages are oered therein or

supplemental thereto in amounts as provided in section 1734 (relating to

request for lower limits of coverage). Purchase of uninsured motorist and

underinsured motorist coverages is optional.

(b) Uninsured motorist coverage.--

Uninsured motorist coverage shall provide protection for persons who

suer injury arising out of the maintenance or use of a motor vehicle and

are legally entitled to recover damages therefor from owners or operators

of uninsured motor vehicles. The named insured shall be informed that he

may reject uninsured motorist coverage by signing the following written

rejection form:

REJECTION OF UNINSURED MOTORIST PROTECTION

By signing this waiver I am rejecting uninsured motorist coverage under

this policy, for myself and all relatives residing in my household. Uninsured

coverage protects me and relatives living in my household for losses and

damages suered if injury is caused by the negligence of a driver who does

not have any insurance to pay for losses and damages. I knowingly and

voluntarily reject this coverage.

Signature of First Named Insured

Date

(b.1) Limitation of rejection.--

Uninsured motorist protection may be rejected for the driver and

passengers for rental or lease vehicles which are not otherwise

common carriers by motor vehicle, but such coverage may only be

rejected if the rental or lease agreement is signed by the person renting

or leasing the vehicle and contains the following rejection language:

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APPENDIX

Rejection of Uninsured Motorist Protection

I am rejecting uninsured motorist coverage under this rental or lease

agreement, and any policy of insurance or self-insurance issued under

this agreement, for myself and all other passengers of this vehicle.

Uninsured coverage protects me and other passengers in this vehicle

for losses and damages suered if injury is caused by the negligence

of a driver who does not have any insurance to pay for losses and

damages.

(b.2) Rejection language change.--

The rejection language of subsection (b.1) may only be changed

grammatically to reect a dierence in tense in the rental agreement

or lease agreement.

(b.3) Vehicle rental services.--

The requirements of subsection (b.1) may be met in connection with

an expedited vehicle rental service, which service by agreement of

the renter does not require the renter’s signature for each rental, if a

master enrollment or rental agreement contains the rejection language

of subsection (b.1) and such agreement is signed by the renter.

Underinsured motorist coverage shall provide protection for persons who

suer injury arising out of the maintenance or use of a motor vehicle and

are legally entitled to recover damages therefor from owners or operators

of underinsured motor vehicles. The named insured shall be informed that

he may reject underinsured motorist coverage by signing the following

written rejection form:

REJECTION OF UNDERINSURED MOTORIST PROTECTION

By signing this waiver I am rejecting underinsured motorist coverage

under this policy, for myself and all relatives residing in my household.

Underinsured coverage protects me and relatives living in my household for

losses and damages suered if injury is caused by the negligence of a driver

who does not have enough insurance to pay for all losses and damages. I

knowingly and voluntarily reject this coverage.

Signature of First Named Insured

Date

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APPENDIX

(c.1) Form of waiver.--Insurers shall print the rejection forms required

by subsections (b) and (c) on separate sheets in prominent type and

location. The forms must be signed by the rst named insured and

dated to be valid. The signatures on the forms may be witnessed by an

insurance agent or broker. Any rejection form that does not specically

comply with this section is void. If the insurer fails to produce a valid

rejection form, uninsured or underinsured coverage, or both, as the

case may be, under that policy shall be equal to the bodily injury

liability limits. On policies in which either uninsured or underinsured

coverage has been rejected, the policy renewals must contain notice

in prominent type that the policy does not provide protection against

damages caused by uninsured or underinsured motorists. Any

person who executes a waiver under subsection (b) or (c) shall be

precluded from claiming liability of any person based upon inadequate

information.

(d) Limitation on recovery.--

(1) A person who recovers damages under uninsured motorist

coverage or coverages cannot recover damages under

underinsured motorist coverage or coverages for the same

accident.

(2) A person precluded from maintaining an action for noneconomic

damages under section 1705 (relating to election of tort

options) may not recover from uninsured motorist coverage or

underinsured motorist coverage for noneconomic damages.

(Feb. 12, 1984, P.L.53, No.12, e. Oct. 1, 1984; Feb. 7, 1990, P.L.11, No.6, e.

July 1, 1990; Dec. 28, 1994, P.L.1441, No.170, e. 60 days; Dec. 28, 1994,

P.L.1450, No.172, e. 60 days; July 6, 1995, P.L.246, No.30, e. 60 days)

1995 Amendment. Act 30 amended subsec. (b.1) and added subsecs. (b.2)

and (b.3), retroactive to December 28, 1994, as to subsec. (b.1).

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APPENDIX

75 Pa. Cons. Stat. § 3802

§ 3802. Driving under inuence of alcohol or controlled substance. (“DUI”)

(a) General impairment.--

(1) An individual may not drive, operate or be in actual physical

control of the movement of a vehicle after imbibing a sucient

amount of alcohol such that the individual is rendered incapable of

safely driving, operating or being in actual physical control of the

movement of the vehicle.

(2) An individual may not drive, operate or be in actual physical

control of the movement of a vehicle after imbibing a sucient

amount of alcohol such that the alcohol concentration in the

individual’s blood or breath is at least 0.08% but less than 0.10%

within two hours after the individual has driven, operated or been

in actual physical control of the movement of the vehicle.

(b) High rate of alcohol.--

An individual may not drive, operate or be in actual physical control of the

movement of a vehicle after imbibing a sucient amount of alcohol such

that the alcohol concentration in the individual’s blood or breath is at least

0.10% but less than 0.16% within two hours after the individual has driven,

operated or been in actual physical control of the movement of the vehicle.

An individual may not drive, operate or be in actual physical control of the

movement of a vehicle after imbibing a sucient amount of alcohol such

that the alcohol concentration in the individual’s blood or breath is 0.16% or

higher within two hours after the individual has driven, operated or been in

actual physical control of the movement of the vehicle.

(d) Controlled substances.--

An individual may not drive, operate or be in actual physical control of the

movement of a vehicle under any of the following circumstances:

(1) There is in the individual’s blood any amount of a:

(i) Schedule I controlled substance, as dened in the act of April 14,

1972 (P.L.233, No.64), known as The Controlled Substance, Drug,

Device and Cosmetic Act;

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APPENDIX

(ii) Schedule II or Schedule III controlled substance, as dened in The

Controlled Substance, Drug, Device and Cosmetic Act, which has

not been medically prescribed for the individual; or

(iii) metabolite of a substance under subparagraph (i) or (ii).

(2) The individual is under the inuence of a drug or combination of

drugs to a degree which impairs the individual’s ability to safely drive,

operate or be in actual physical control of the movement of the

vehicle.

(3) The individual is under the combined inuence of alcohol and a drug

or combination of drugs to a degree which impairs the individual’s

ability to safely drive, operate or be in actual physical control of the

movement of the vehicle.

(4) The individual is under the inuence of a solvent or noxious substance

in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain

solvents and noxious substances).

(e) Minors.--

A minor may not drive, operate or be in actual physical control of the

movement of a vehicle after imbibing a sucient amount of alcohol such

that the alcohol concentration in the minor’s blood or breath is 0.02% or

higher within two hours after the minor has driven, operated or been in

actual physical control of the movement of the vehicle.

(f) Commercial or school vehicles.--

An individual may not drive, operate or be in actual physical control of the

movement of a commercial vehicle, school bus or school vehicle in any of

the following circumstances:

(1) After the individual has imbibed a sucient amount of alcohol such

that the alcohol concentration in the individual’s blood or breath is:

(i) 0.04% or greater within two hours after the individual has driven,

operated or been in actual physical control of the movement of a

commercial vehicle other than a school bus or a school vehicle.

(ii) 0.02% or greater within two hours after the individual has driven,

operated or been in actual physical control of the movement of a

school bus or a school vehicle.

(2) After the individual has imbibed a sucient amount of alcohol such

that the individual is rendered incapable of safely driving, operating or

being in actual physical control of the movement of the vehicle.

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APPENDIX

(3) While the individual is under the inuence of a controlled substance

or combination of controlled substances, as dened in section 1603

(relating to denitions).

(4) While the individual is under the combined inuence of alcohol and

a controlled substance or combination of controlled substances, as

dened in section 1603.

(g) Exception to two-hour rule.--Notwithstanding the provisions

of subsection (a), (b), (c), (e) or (f), where alcohol or controlled

substance concentration in an individual’s blood or breath is an

element of the oense, evidence of such alcohol or controlled

substance concentration more than two hours after the individual has

driven, operated or been in actual physical control of the movement of

the vehicle is sucient to establish that element of the oense under

the following circumstances:

(1) where the Commonwealth shows good cause explaining why the

chemical test sample could not be obtained within two hours; and

(2) where the Commonwealth establishes that the individual did not

imbibe any alcohol or utilize a controlled substance between the

time the individual was arrested and the time the sample was

obtained.

(May 11, 2006, P.L.155, No.36, e. imd.)

2006 Amendment. Act 36 amended subsec. (g)(1). See the preamble to Act

36 in the appendix to this title for special provisions relating to legislative

intent.

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APPENDIX

75 Pa. Cons. Stat. § 3807

§ 3807. Accelerated Rehabilitative Disposition. (“ARD”)

(a) Eligibility.--

(1) Except as set forth in paragraph (2), a defendant charged with a

violation of section 3802 (relating to driving under inuence of alcohol

or controlled substance) may be considered by the attorney for the

Commonwealth for participation in an Accelerated Rehabilitative

Disposition program in a county if the program includes the minimum

requirements contained in this section.

(2) The attorney for the Commonwealth shall not submit a charge brought

under this chapter for Accelerated Rehabilitative Disposition if any of the

following apply:

(i) The defendant has been found guilty of or accepted Accelerated

Rehabilitative Disposition of a charge brought under section 3802

within ten years of the date of the current oense unless the charge

was for an ungraded misdemeanor under section 3802(a)(2) and was

the defendant’s rst oense under section 3802.

(ii) An accident occurred in connection with the events surrounding the

current oense and an individual other than the defendant was killed

or suered serious bodily injury as a result of the accident.

(iii) There was a passenger under 14 years of age in the motor vehicle the

defendant was operating.

(b) Evaluation and treatment.--

(1) A defendant oered Accelerated Rehabilitative Disposition for a

violation of section 3802 is, as a condition of participation in the program,

subject to the following requirements in addition to any other conditions of

participation imposed by the court:

(i) The defendant must attend and successfully complete an alcohol

highway safety school established under section 1549 (relating to

establishment of schools). A participating defendant shall be given

both oral and written notice of the provisions of section 1543(b)

(relating to driving while operating privilege is suspended or revoked).

(ii) Prior to receiving Accelerated Rehabilitative Disposition or other

preliminary disposition, the defendant must be evaluated under

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APPENDIX

section 3816(a) (relating to requirements for driving under inuence

oenders) to determine the extent of the defendant’s involvement

with alcohol or other drug and to assist the court in determining what

conditions of Accelerated Rehabilitative Disposition would benet

the defendant and the public. If the evaluation indicates there is a

need for counseling or treatment, the defendant shall be subject to

a full assessment for alcohol and drug addiction in accordance with

the provisions of section 3814(3) and (4) (relating to drug and alcohol

assessments).

(iii) If the defendant is assessed under subparagraph (ii) to be in need

of treatment, the defendant must participate and cooperate

with a licensed alcohol or drug addiction treatment program. The

level and duration of treatment shall be in accordance with the

recommendations of the full assessment. Nothing in this subparagraph

shall prevent a treatment program from refusing to accept a defendant

if the program administrator deems the defendant to be inappropriate

for admission to the program. A treatment program shall retain the

right to immediately discharge into the custody of the probation ocer

an oender who fails to comply with program rules and treatment

expectations or refuses to constructively engage in the treatment

process.

(iv) The defendant must remain subject to court supervision for at least six

months, but not more than 12 months.

(v) The defendant must make restitution to any person that incurred

determinable nancial loss as a result of the defendant’s actions

which resulted in the oense. Restitution must be subject to court

supervision.

(vi) The defendant must pay the reasonable costs of a municipal

corporation in connection with the oense. Fees imposed under

this subparagraph shall be distributed to the aected municipal

corporation.

(vii) The defendant must pay any other fee, surcharge or cost required

by law. Except as set forth in subparagraph (vi), (viii) or (ix), a fee or

nancial condition imposed by a judge as a condition of Accelerated

Rehabilitative Disposition or any other preliminary disposition of any

charge under this chapter shall be distributed as provided for in 42

Pa.C.S. §§ 3571 (relating to Commonwealth portion of nes, etc.) and

3573 (relating to municipal corporation portion of nes, etc.).

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APPENDIX

(viii) The defendant must pay the costs of compliance with subparagraphs

(i), (ii) and (iii).

(ix) The defendant shall pay a cost of $25 which shall be forwarded to

the State Treasurer for deposit in the Emergency Medical Services

Operating Fund.

(2) The defendant shall be subject to a full assessment for alcohol and drug

addiction if any of the following apply:

(i) The evaluation under paragraph (1)(ii) indicates a likelihood that the

defendant is addicted to alcohol or other drugs.

(ii) The defendant’s blood alcohol content at the time of the oense was

at least 0.16%.

(3) The assessment under paragraph (2) shall be conducted by one of the

following:

(i) The Department of Health or its designee.

(ii) The county agency with responsibility for county drug and alcohol

programs or its designee.

(iii) The clinical personnel of a facility licensed by the Department of Health

for the conduct of drug and alcohol addiction treatment programs.

(4) The assessment under paragraph (2) shall consider issues of public

safety and shall include recommendations for all of the following:

(i) Length of stay.

(ii) Levels of care.

(iii) Follow-up care and monitoring.

(1) This subsection shall only apply to a health insurance, health

maintenance organization or other health plan required to provide benets

under section 602-A of the act of May 17, 1921 (P.L.682, No.284), known as

The Insurance Company Law of 1921.

(2) If an individual who is insured by a health insurance, a health

maintenance organization or other health plan, that is doing business in this

Commonwealth, the individual may not be deprived of alcohol and other

drug abuse and addiction treatment or coverage within the scope of that

plan due to the identication of an alcohol or other drug problem which

occurs as a result of an assessment under this section.

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APPENDIX

(d) Mandatory suspension of operating privileges.--

As a condition of participation in an Accelerated Rehabilitative Disposition

program, the court shall order the defendant’s license suspended as

follows:

(1) There shall be no license suspension if the defendant’s blood alcohol

concentration at the time of testing was less than 0.10%.

(2) For 30 days if the defendant’s blood alcohol concentration at the time

of testing was at least 0.10% but less than 0.16%.

(3) For 60 days if:

(i) the defendant’s blood alcohol concentration at the time of testing

was 0.16% or higher;

(ii) the defendant’s blood alcohol concentration is not known;

(iii) an accident which resulted in bodily injury or in damage to a vehicle

or other property occurred in connection with the events surrounding

the current oense; or

(iv) the defendant was charged pursuant to section 3802(d).

(4) For 90 days if the defendant was a minor at the time of the oense.

(e) Failure to comply.--

(1) A defendant who fails to complete any of the conditions of participation

contained in this section shall be deemed to have unsuccessfully

participated in an Accelerated Rehabilitative Disposition program, and

the criminal record underlying participation in the program shall not be

expunged.

(2) The court shall direct the attorney for the Commonwealth to proceed

on the charges as prescribed in the Rules of Criminal Procedure if the

defendant:

(i) fails to meet any of the requirements of this section;

(ii) is charged with or commits an oense under 18 Pa.C.S. (relating to

crimes and oenses); or

(iii) violates any other condition imposed by the court.

(Nov. 29, 2004, P.L.1369, No.177, e. imd.; Aug. 18, 2009, P.L.308,

No.37, e. 180 days)

2009 Amendment. Act 37 amended subsec. (b)(1)(vii) and added (ix).

2004 Amendment. Act 177 amended subsecs. (b)(1)(iv) and (d).

This book is solely intended to provide public legal information regarding personal injury claims and insurance.

None of the information on this site is intended to be formal legal advice, nor the formation of lawyer- or

attorney-client relationship.

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About Jon Ostroff, Esquire

Jon Ostro is the founder and lead attorney for Ostro Injury Law

in Plymouth Meeting, Pennsylvania. For the past quarter century,

Mr. Ostro has been at the forefront of ghting on behalf of

injured clients throughout Pennsylvania.

Over the past 25 years, Mr. Ostro and his talented, experienced

team has achieved an admirable record by helping over 20,000

Pennsylvania accident victims. He has helped his many clients

by obtaining signicant compensation through settlements,

litigation, arbitration awards and jury verdicts. His peers in the

legal community have awarded him the coveted Martindale-

Hubbell “AV” rating in recognition of his high ethical standards and skill as an attorney.

Despite the awards and honors he has received, Mr. Ostro’s motivation as a trial lawyer remains

the same as the day he was awarded his law degree: the prospect of facilitating a major impact

and positive change for his injured clients. Jon has worked tirelessly to preserve the rights of

accident victims across Pennsylvania. Jon has frequently been recognized for his charitable work

and volunteer eorts in his local community, across Pennsylvania, nationally and internationally.

In this book, Jon takes an obscure and dicult area of insurance law and explains in clear and

direct language how the limited tort law can aect the rights of Pennsylvania accident victims.

Shouldering the expense of producing this book is just another way that Jon Ostro shows his

commitment to the value of greater public understanding of this important area of law.

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Pennsylvania’s Limited Tort Option

Ostro Injury Law, P.C.

527 Plymouth Road, Suite 413, Plymouth Meeting, PA 19422

Toll-Free (800) 818-8148

jostro@OstroLaw.com