Q: If a client has selected limited tort and is injured in a car accident with another driver who is intoxicated aren't they able to sue for pain and suffering?
Generally yes, but the other driver MUST still be actually convicted of the alcohol related offense or accept ARD for the alcohol related offense. Thus, if the other driver pleads his case to some other offense or the case is dismissed then the automatic exception will most likely not apply. 75 Pa. C.S.A. Section 1705 (d)(1)(i).