Not necessarily. In general, you cannot sue for non-economic damages such as pain and suffering if you have limited tort on your car insurance. However, there are a few exceptions where limited tort may not apply pursuant to section 1705(d)(1) of the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL).
For example, if the at fault driver's car is registered in another state, then limited tort would not apply. Another situation is if the at fault driver was convicted of driving while intoxicated. For other limited tort exceptions, click here to access our legal article: Pennsylvania's Limited Tort: When You Can Sue For Pain & Suffering (Part A).
You should speak to an experienced Pennsylvania car accident lawyer to discuss your car accident and find out whether one of the limited tort exceptions is applicable in your case. We provide a free, no obligation initial consultation.