If you are bound by PA limited tort insurance and are involved in a Pennsylvania car accident, you may be considered PA full tort. The Pennsylvania Motor Vehicle Code, Section 1705 states that if a person who causes or who is at fault of a PA accident and is also convicted of a PA drunk driving (PA DUI-DWI-DAI) or accepts Accelerated Rehabilitative Disposition (A.R.D.) for driving under the influence of alcohol or a controlled dangerous substance in a PA accident, the PA limited tort person becomes PA full tort.
This is one of the few exceptions to the PA limited tort – full tort car insurance law. PA courts have ruled that if the DUI-DWI-DAI charges have been withdrawn for any reason including a medical condition, and the person who caused the PA car accident was not convicted of the PA drunk driving charge or received A.R.D., this exception to the PA limited tort – full tort car insurance law is not valid.
So, if you are otherwise PA limited tort and you have been involved in a PA car accident involving a DUI-DWI-DAI, you may have a decent PA personal injury case. It is important to speak with an experienced qualified PA personal injury lawyer that knows how to prove that a PA personal injury defendant was drunk at the time of the PA car accident.
In Pennsylvania, there is no presumption that the PA personal injury defendant was drunk, even if his or her blood alcohol content (B.A.C.) was higher than .08. You must prove that the PA personal injury defendant was drunk in other ways, including the use of a toxicology expert to show that the PA personal injury defendant was “unfit to drive”.