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The law relating to auto insurance is found in a
statute entitled Pennsylvania Motor Vehicle
Financial Responsibility Act, 75 P.S. Section
1701. The law contains the duties and
responsibilities of both the insurer and the
insured.
The insured, when purchasing auto insurance
has the option to select full tort or limited
tort. While limited tort is described by
insurance agents as being more attractive than
full tort in that it is less expensive, it is a
mistake to select limited tort. The reason for
this is the savings is minimal and if you or
your family are injured due to the negligence
and carelessness of another driver, by selecting
limited tort you have given away most of your
rights, to save only approximately $100.00 a
year. The courts have strictly interpreted the
limited tort selection and have thrown a lot of
people out of court who otherwise have
legitimate claims because they selected limited
tort. In selecting limited tort you give up your
right to sue except if you have a serious
injury. A serious injury has been defined as
death, disfigurement or a serious impairment of
a body function. The courts are finding a lot of
injuries that may be considered serious to the
individual not to be serious. Therefore, it is
important that full tort be selected on the auto
insurance policy for full protection to your
family.
In the event you are in an automobile
accident, you should know that your auto
insurance company is required under law to pay
your medical bills up to the amount of your
coverage, 80% of your gross income in the event
you selected wage loss coverage. Medical bill
coverage is mandatory and every person
purchasing auto insurance in Pennsylvania must
purchase at least $5000.00 in medical bill
coverage. Wage loss coverage is optional and you
do not have to select this coverage. This gives
them no protection in the event they are injured
in an accident, unless they have their own
disability policy. A lot of people when
purchasing auto insurance do not select wage
loss coverage. A lot of people have trouble
making ends meet if they don't have wage loss
protection on their policy or through their own
disability policy. People think that because
someone else was at fault the at fault party is
automatically going to begin paying your wage
loss. This is not rue. It is true that wage loss
and loss of earnings is a part of any claim that
you may have against the other driver, however,
the insurance company for the other driver wants
to settle all claims at one time and will not
pay claims piecemeal.
Another optional coverage is uninsured
motorist coverage and underinsured motorist
coverage. This coverage is very important and
should be selected by anyone purchasing auto
insurance. Uninsured motorist coverage protects
you in the event that you are hit and injured by
a driver who is uninsured. Unfortunately, there
are a lot of people driving without insurance
and if you are hit by an uninsured driver the
odds are great that this uninsured driver will
not likely have any assets from which you can
collect in the event you file a claim. But if
you have uninsured motorist coverage you will be
able to make a claim against your own company
for the benefits you justly deserve.
Underinsurance is also a very important
coverage that you should buy when purchasing
auto insurance. Underinsurance benefits protects
you in the event you are struck and injured by
an underinsured driver. For example, say a drunk
driver goes through a red light and hits you and
your spouse broadside. You and your spouse are
badly injured and are both out of work for six
months. Your medical bills are in excess of
$100,000.00, your wage loss is in excess of
$25,000.00, you have permanent injuries which
will bring with it pain and suffering, and the
drunk driver had only $15,000.00 worth of
insurance and no assets. If you purchased
underinsured motorist benefits you could go to
your insurance company and make a claim against
your own insurance since the driver that hit you
is underinsured. If you don't select this
coverage you are stuck with the $15,000.00 the
drunk driver had and that's all you will get and
it will never replace what you have lost.
So remember, when purchasing auto insurance,
it's very important to purchase uninsured
motorist and underinsured motorist coverage.
When buying your insurance you must fully
protect yourself and your family.
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