Full tort or limited tort - Does a limited tort selection on an automobile insurance policy apply in a bicycle accident?

The short answer is - no.  If you are injured by a motorist while riding a bicycle, your ability to recover for pain and suffering is not affected by a limited tort selection on your motor vehicle insurance policy. 

In Pennsylvania, all motorists are required to carry motor vehicle insurance.  The law that requires automobile insurance in Pennsylvania is known as the Motor Vehicle Financial Responsibility Law, or the MVFRL.  Under the MVFRL, you must choose between the "limited tort" option and the "full tort" option on your own insurance policy.  Under the full tort option, if you are injured in a motor vehicle accident while you are occupying or operating a motor vehicle, you may recover from a negligent driver your economic damages (e.g., medical and wage loss expenses) plus non-economic damages (e.g., pain, suffering, and inconvenience).  But, if you have chosen the limited tort option, you may recover economic damages, but you may not recover damages for pain and suffering unless you have suffered a "serious injury."  

A "serious injury" is defined as an injury resulting in death, serious impairment of a body function, or a permanent disfigurement.  Thus, if you do not suffer a serious injury in a motor vehicle accident - and if you have chosen the limited tort option on your automobile insurance policy - you cannot recover any damages for pain and suffering! 

Many people believe that if they are involved in a bicycle accident with a motor vehicle (car, truck, bus, etc.), their limited tort insurance selection applies and precludes recovery for pain and suffering in the absence of a serious injury.  But, that is not the case.  Instead, because you are not occupying or operating a motor vehicle at the time of a bicycle accident, your limited tort selection does not apply. 

In 2004, the Pennsylvania Supreme Court held, in L.S., a Minor v. David Eschbach, Jr., Inc., 844 A.2d 1215 (Pa. 2004), that the MVFRL does not apply to pedestrians.  In that case, an eleven year-old girl was struck by a car after she had exited a school bus and was attempting to cross the street.  At the time of the accident, the young girl lived with her mother and was, therefore, an "insured" under her mother's automobile insurance policy.  Her mother had selected the limited tort option on her insurance policy.  The Pennsylvania Supreme Court held that because the young girl was an innocent pedestrian who was not operating or occupying a motor vehicle at the time of the accident, she should not be limited to a recover of economic damages, only.  Rather, she should be able to seek and recover economic and non-economic damages from the defendant-driver. 

The Supreme Court's analysis regarding a pedestrian applies equally to a cyclist because a cyclist is not occupying or operating a motor vehicle at the time of an accident.  Thus, the cyclist is not bound by a limited tort selection on his/her automobile insurance policy. 

If you were injured while riding a bicycle as the result of the negligence of a motorist, you may be entitled to a recovery of medical expenses, wage loss, property damage, and pain, suffering, and inconvenience.  Please contact me for a free initial consultation to discuss your case and explore your rights at (412) 227-9724.

Matthew F. Dolfi, Esquire

Dolfi Law PC
1100 Washington Avenue, Suite 206
Carnegie, PA 15106
412-227-9724

Website:
www.dolfilawpc.com

Facebook page:
https://www.facebook.com/PghBikeLawyer

https://www.instagram.com/pghbikelaw

Important notice:
The information provided in this blog article is not legal advice.  The information and opinions provided herein are solely for the general interest of the visitors to this website.  The information contained herein is only applicable to general principles of law in Pennsylvania and may not reflect current legal developments or statutory changes in various other jurisdictions.  Therefore, the information and opinions contained in this blog should not be relied upon or interpreted as legal advice.  No aspect of this blog article should be interpreted as establishing an attorney-client relationship between the reader and its author.  Anyone reviewing this article should not act upon any information contained herein without first seeking the advice of legal counsel.  

Search terms: Bicycle accident cases and lawsuits, Bicycle collisions, Bicycle safety, Bike accident lawsuits, Bike accidents, Bike collisions, Risks for bicycle riders, accident attorney, accident lawyer, bicycle, bicycle accident laws, bicycle accident, bicycle accident attorney, bicycle risks, bicycle safety, bike accident, cycling, defective road conditions, dangerous roads, dangerous streets, Pittsburgh, Pennsylvania, Matthew F. Dolfi, Matt Dolfi, Pittsburgh Bike Lawyer, Pittsburgh Bike Accident, lawyer-cyclist, The Lawyer Cyclist, dolfilaw, Dolfi Law PC