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Explain Limited Tort Liability

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    Defining Torts

    • Tort law is best explained if it is thought about as personal injury law. Torts are the legal way to deal with forms of negligence, which in a sentence means carelessly injuring or causing injury to another person or damaging her property. If you commit a tort you are liable to the injured party. This aggrieved party can bring a lawsuit against you for monetary damages.

    Agents and Liability

    • A tort lawsuit can be brought against you even if you committed the act as an agent for someone else. In the simplest terms, you are always responsible for your actions whether you are working or not. It is a mistake to believe you have no liability simply because you are carrying out the duties given you by an employer. This belief arises from the fact that your employer generally has insurance and will nevertheless also share in the responsibility of the tort.

    Full Tort Liability

    • Insurers almost always pay out for a tort. Because of this (and depending upon the state in which you live), many car insurance agencies offer a choice between "full tort liability insurance" and "limited tort liability insurance." Should you select full tort liability, you and your household have the legal right to claim compensation after a car accident that results in an injury for the cost of medical expenses, vehicle damages, lost wages, loss of enjoyment of life, pain and suffering, disfigurement and loss of spousal consortium. Keep in mind, however, that this option will cost you more in payments.

    Limited Liability

    • Should you select the "limited tort liability" option, you and your family will relinquish your rights to certain constitutional rights when it comes to pursing redress. This will hold even if the other driver was completely responsible for the accident. You will be able to pursue recovery for your medical and other financial losses, but you waive your right to pursue damages for pain and suffering and other nonmonetary losses. These rules hold true for your entire household, even if one member of the household is a passenger in another person's car and that person has full liability coverage. However, with this option, your insurance premiums will be less.

    Exceptions to Limited Tort

    • Under limited tort insurance, there are some exceptions where you can still obtain remuneration for your nonmonetary losses. They include: when a death or serious impairment occur or a serious permanent disfigurement;when the other driver is under the influence of a controlled substance or inebriated at the time of the accident; when the other driver intentionally causes the accident and your subsequent injuries; if the other driver is operating an out-of-state registered vehicle; if the other driver has no insurance.

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