Limited Tort Question

Date: March 18, 2010
Posted In: DLP Law

Casey was parked at the light at Hamlin corners waiting for the light to change. Kelly was traveling in the same direction as Casey and was busy on her cell phone and didn\’t notice that Casey had stopped. When Kelly finally realized the position of Casey\’s car and that the light was red, it was too late and she rear ended Casey. Substantial damage was done to Casey\’s car by the impact. Casey contacted Kelly\’s insurance company seeking payment for the damage to his car as well as rental fees for a replacement car while he waited for his car to get fixed.

Kelly\’s insurance company stated that since Casey had limited tort, he had no right to any property damages or any loss of wages which he may have incurred because of the car accident.

Issue: Is Casey entitled to full payment of his damages on his car as well as his rental expenses, and finally, his lost wages?

Answer: Yes. Whether one has full tort or limited tort makes no difference in matters that involve the property claims between two drivers. The issue of full tort versus limited tort only comes into play when bodily injuries are involved in the accident. Casey will get full reimbursement from Kelly\’s insurance company for his economic losses.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.