Couldn't agree more. I called State Farm last month just to get a quote on a potential car purchase. Instead, I ended up canceling my current policy on the spot because the agent tried to push Limited Tort as if it was just an easy way to save money.
It made me so furious because most people don't understand what they're giving up, and they won't understand until they get into an accident and learn they signed away their rights years ago. The way agents sell Limited Tort gives you a completely inaccurate impression of the potential consequences.
As a PA resident I always thought of it as spending more if you want the lottery ticket. Obviously if you never get into an accident you'll be much richer with lower-priced limited tort, but you can pay extra if you want to bet that you'll be in an accident and will be in that group that might get some money. I know all insurance is gambling, and it's definitely a personal decision.
In car insurance it means you give up your right to sue for pain and suffering unless you suffer serious injuries. The PA definition of a serious injury is "a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement."
So even if you're injured badly enough to need a year of physical therapy for full recovery, you would likely get no money for your pain and suffering under Limited Tort. Without Limited Tort you'd probably get anywhere from $30,000 - $100,000 for that amount of pain/suffering, loss of enjoyment of life, etc.
Would this choosing this policy option only affect payments to you the policy holder for an incident where you were at fault? Trying how understand how this works, since your insurance company usually represents you when trying to obtain compensation from others, or compensates others for damage you do.
I think most people have the same thought as you: They don't see how an agreement with their own insurer could stop them from suing someone else (or their insurer), but that's how Limited Tort works. You sign away your right to sue someone else if they injure you in an accident unless those injuries are extremely severe (loss of limb, death, permanent disability, etc.).
You can look up info on "piercing the tort threshold" if you're curious about specific injuries that are severe enough.
Do you think the additional money actually serves to offset in any way shape or form the persons suffering? If so what is the conversion factor between pain and money?
Do you think quantifying pain and suffering has a positive value even if its very hard to come up with a meaningful way to define suffering in terms of dollars?
1. Yes. Suffering isn't necessarily limited to some brief interval of time. For example, disfiguring injuries can impose suffering (employment discrimination, loss of consortium, etc.) throughout a person's post-injury lifespan. Money can mitigate burdens imposed by such effects of injury.
2. I don't know. But I would estimate the conversion factor for third-degree burns over 40% of a kid's body as greater than that of a kid's having lost a hand. YMMV.
Paying for care has nothing to do with pain and suffering. I wasn't asking the pointless question you imagine I was asking an actual relevant nonobvious question.
It made me so furious because most people don't understand what they're giving up, and they won't understand until they get into an accident and learn they signed away their rights years ago. The way agents sell Limited Tort gives you a completely inaccurate impression of the potential consequences.
That sort of thing should absolutely be criminal.