Limited VS Full Tort in Pennsylvania

When purchasing auto insurance in Pennsylvania, drivers must choose between limited tort and full tort coverage. This decision has major implications if you are injured in a car accident and wish to seek compensation. While limited tort offers lower premiums, it also limits your right to recover certain damages. Full tort provides broader legal rights but usually comes with a higher cost.

What Is Full Tort Coverage?

Full tort coverage allows you to sue for the full range of damages after a car accident, including:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

With full tort, you retain unrestricted legal rights to pursue compensation, regardless of the severity of your injuries. Even if your injuries are considered “minor,” you can still seek damages for pain and suffering. This gives you greater leverage when negotiating with insurance companies or pursuing a lawsuit.

What Is Limited Tort Coverage?

Limited tort coverage restricts your right to recover non-economic damages—such as pain and suffering—unless your injuries meet certain legal thresholds. Under limited tort, you can still recover:

• Medical bills
• Lost income
• Property damage

However, to recover compensation for pain and suffering or other non-economic damages, your injuries must qualify as a “serious injury” under Pennsylvania law. This typically means:

• Death
• Significant disfigurement
• Permanent serious impairment of a bodily function

If your injury does not meet this threshold, you cannot sue for pain and suffering—even if the other driver was clearly at fault. This limitation can result in much lower compensation in many cases.

Pros and Cons of Each Option

Limited Tort

Pros:

• Lower insurance premiums
• May be sufficient for drivers comfortable assuming risk

Cons:

• Limited ability to recover pain and suffering damages
• You may not receive full compensation even with long-term pain or emotional distress

Full Tort

Pros:

• Full legal rights preserved
• Ability to recover non-economic damages for any injury
• Stronger negotiating position in claims

Cons:

• Higher insurance premiums

Your tort selection directly affects the outcome of any future accident claim. Many accident victims do not realize until after a crash that limited tort prevents them from recovering pain and suffering damages—even if they were not at fault.

Exceptions to Limited Tort

Even if you selected limited tort coverage, exceptions exist that may allow you to recover non-economic damages, including:

• The at-fault driver was driving under the influence (DUI)
• The at-fault driver was operating a vehicle registered out of state
• You were a pedestrian or cyclist struck by a motor vehicle
• The at-fault driver intended to cause harm
• You were injured while riding in a commercial vehicle, such as a bus or taxi

An experienced Philadelphia personal injury attorney can review your case to determine if one of these exceptions applies.

FAQs: Limited vs. Full Tort in Pennsylvania

Q: What is the biggest difference between limited and full tort?

A: The primary difference is your right to recover non-economic damages like pain and suffering

Q: What qualifies as a “serious injury” under limited tort?

A: A serious injury typically involves death, permanent serious disfigurement, or permanent impairment of a bodily function.

Q: Can I switch from limited to full tort after a crash?

A: No, your tort selection must be made before the accident.

Q: Does full tort cost significantly more?

A: Full tort coverage generally costs more than limited tort, but the difference is often less than drivers expect—especially when weighed against the risk of being unable to recover full compensation after an accident.

Q: Can a lawyer still help me if I have limited tort?

A: Yes. An experienced personal injury lawyer will review your case to determine if your injuries meet the “serious injury” threshold or if an exception to limited tort applies. Legal representation increases your chances of recovering all available damages.