Yes, you can. Though you generally cannot sue for non-economic damages if you have limited tort on your Pennsylvania car insurance policy, there are a few exceptions where limited tort would not apply. One of the exceptions is if the driver was convicted or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol.
In your situation, if the driver was intoxicated while driving, the police would have cited him. If the driver is convicted or accepts ARD, then you would be able to bring a lawsuit against the negligent driver to recover your damages, including non-economic damages such as pain and suffering.
If you have further questions about your accident, please contact our Pennsylvania car and truck accident lawyers @ 877.944.8396.
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