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If I was hit and injured by a car while riding my bike, does the limited tort I have on my car insurance policy apply to me?

 

A:

No.  If you were hit and injured by a car in Pennsylvania while you were riding a bike, limited tort would not apply in this situation.

The limited tort option in a Pennsylvania car insurance policy limits the injured insured's ability to sue for non-economic damages, such as pain and suffering.  However, an injured insured can sue for pain and suffering if injuries are "serious" as result of the car accident.

It is well settled in Pennsylvania that if you were a pedestrian or a bicyclist who was injured in a car accident, you would not be bound by limited tort even if you have that option.  Because you were not an occupant or operator of a car when your accident happened, limited tort would not limit your right to recover non-economic damages.

If you would like to discuss your bike/car accident and your right to recover damages, feel free to contact me. 877.944.8389

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