Short answer: Pennsylvania auto policies let you choose full tort or limited tort. Full tort keeps your right to sue an at-fault driver for pain and suffering after any injury. Limited tort costs less but generally allows pain-and-suffering claims only for a "serious injury," with some exceptions. Both options keep your right to recover medical bills and lost wages.
What the choice controls
Under Pennsylvania's Motor Vehicle Financial Responsibility Law, every private passenger auto policy includes a tort election. The Pennsylvania General Assembly's statute on the tort options, 75 Pa.C.S. §1705, requires insurers to give you a written notice explaining both choices.
The election affects one thing: whether you can recover noneconomic damages, meaning pain and suffering, inconvenience and similar losses, from a driver who injures you. Either way, you can still recover economic losses, such as medical expenses and lost income, beyond what your own first-party benefits pay.
Full tort
With full tort, you keep an unrestricted right to seek compensation for pain and suffering from a negligent driver, regardless of how serious your injury is. It costs more than limited tort.
Limited tort
With limited tort, you generally give up the right to recover pain and suffering unless your injury is a serious injury, which 75 Pa.C.S. §1702 defines as one resulting in:
- death,
- serious impairment of a body function, or
- permanent serious disfigurement.
What counts as a "serious impairment of a body function" is often disputed, and the answer may depend on medical evidence and, ultimately, a court.
Exceptions that restore full tort rights
Even with limited tort, the statute keeps your full tort rights in certain situations, including when the at-fault driver:
- is convicted of, or accepts Accelerated Rehabilitative Disposition for, driving under the influence;
- was driving a vehicle registered in another state;
- intended to injure you or themselves; or
- was uninsured.
The statute also preserves full tort rights in some cases involving commercial vehicles. Read the statute for the precise wording.
If you don't choose
Under §1705, if you don't make an election, the law treats you as having chosen full tort. Your tort selection generally applies to you and household relatives who don't have their own policy.
Cost vs. risk
Limited tort's discount varies by insurer. The question is whether the savings outweigh the risk of losing a pain-and-suffering claim after a moderate injury, such as a soft-tissue injury that requires months of treatment but isn't legally "serious."
Consider full tort if:
- you commute in heavy traffic or drive many miles,
- you'd want the option to pursue full compensation after any injury, or
- the price difference is small.
Limited tort may appeal to drivers on a tight budget who accept the trade-off.
Pennsylvania's other moving parts
Pennsylvania requires $5,000 of first-party medical benefits and minimum liability limits of 15/30/5. Insurers must also offer uninsured and underinsured motorist coverage. See Pennsylvania minimum car insurance requirements for the details.
Common scenarios
You're rear-ended and treated for whiplash for four months. With full tort, you can pursue pain and suffering. With limited tort, you probably can't unless the injury meets the serious injury threshold.
A drunk driver hits you and is convicted of DUI. Even with limited tort, you keep full tort rights against that driver.
You're hit by a driver from New Jersey. Because the at-fault vehicle is registered out of state, limited tort generally doesn't restrict your claim.
Key terms
- Noneconomic damages: pain and suffering and similar losses.
- Serious injury: death, serious impairment of a body function or permanent serious disfigurement.
- First-party benefits: your own policy's medical and wage benefits, paid regardless of fault.
- Tort election: the full or limited tort choice on your policy.
Questions to ask your broker
- What's the price difference between full tort and limited tort on my policy?
- Which tort option applies to each household member?
- Do I have uninsured and underinsured motorist coverage?
- Should I raise my first-party medical benefits above $5,000?
Bottom line
Limited tort saves money but can leave you without a pain-and-suffering claim after a real but non-serious injury. If the price difference is modest, full tort is often worth it. Either way, review the choice at each renewal.
Contact Alishahi Insurance or call (877) 711-4545. See insurance in Pennsylvania and auto insurance.
Frequently asked questions
What is the difference between full tort and limited tort in Pennsylvania?
Full tort keeps your right to sue for pain and suffering after any injury. Limited tort generally allows it only for serious injuries, with exceptions.
What is a serious injury under Pennsylvania limited tort?
Death, serious impairment of a body function or permanent serious disfigurement.
What happens if I don't choose a tort option?
Pennsylvania law treats you as having chosen full tort.
Does limited tort stop me from recovering medical bills?
No. You can still recover economic losses such as medical bills and lost wages.
When does limited tort not apply?
Exceptions include an at-fault driver convicted of DUI, driving an out-of-state vehicle or uninsured.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.