PLPennsylvaniahard
A Pennsylvania Limited Tort insured is rear-ended by a driver convicted of DUI for that crash. Despite only moderate injuries, the insured wants to sue for pain and suffering. Under § 1705(d), which statement is most accurate?
AThe Limited Tort election permanently bars all non-economic damages regardless of whether the tortfeasor was convicted of DUI or accepted ARD for the same accident
The Limited Tort election does not apply because the tortfeasor was convicted of DUI in connection with the accident
CThe insured must first prove permanent disfigurement before any tort claim
DThe insured must convert to Full Tort retroactively before suing
Why this is the answer
§ 1705(d) lists carve-outs from Limited Tort even without a 'serious injury,' including when the at-fault driver is convicted of DUI (or accepts ARD) arising from the same accident. The Limited Tort insured may then recover non-economic damages.
Studying for the Pennsylvania Personal Lines exam?
This question comes from our PL bank. Take a free practice test — no signup.