Pennsylvania Bicyclists are Not Bound by their Tort Election

When a person purchases auto insurance in Pennsylvania, they are required to elect either “limited tort” or “full tort” benefits. Those who elect full tort can recover unreimbursed economic (lost wages, unpaid medical bills, etc.) and noneconomic (pain and suffering) loss arising out of an automobile accident. 75 Pa.C.S.A. § 1705(c).  Those who elect limited tort can only recover economic loss arising out of an automobile accident, unless the person falls within one of the exceptions. 75 Pa.C.S.A. § 1705(d).

Persons involved in automobile accidents who have made a limited tort election face considerable hurdles throughout litigation. Nevertheless, most Pennsylvanians elect limited tort because full tort coverage is substantially more expensive. If you are unsure which election you made, chances are you have limited tort. Naturally, this discussion is irrelevant to bicyclists who do not have, or are not covered by, an auto insurance policy.

Luckily, bicyclists involved in automobile accidents are permitted to recover both economic and noneconomic damages irrespective of their tort election. Moreover, it is immaterial whether the bicyclist elected limited or full tort on his/her auto insurance policy. So long as you were a pedestrian or operating a bicycle at the time of the accident, you are entitled to compensation for pain and suffering, unpaid medical bills, lost wages and other economic loss.

Since 75 Pa.C.S.A. § 1705 discusses only drivers and passengers of motor vehicles, and is silent on pedestrians, it cannot be construed as limiting the rights of pedestrians. See, e.g. L.S. v. David Eschbach, Jr., Inc., 874 A.2d 1150 (2005) (finding that it would be unfair to restrict a pedestrian's right to recovery when Section 1705 is silent with respect to pedestrians). Section 1705 is also silent with respect to bicyclists and, therefore, cannot be construed as limiting the rights of bicyclists. 

Trial courts have also cited the Pennsylvania Supreme Court case referenced above in reaching the same conclusion. 

If an insurance company or defendant is attempting to limit your compensation for an accident, you should contact PHILLY BIKE LAWYER.

Disclosure: This blog post is meant to provide general information only. The information presented in this post should not be construed as formal legal advice nor forming a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.