Full Tort vs Limited Tort: A Pennsylvania Guide
The choice Pennsylvania forces on every driver
Pennsylvania makes you choose between full tort and limited tort when you buy car insurance. The election comes from 75 Pa.C.S. § 1705. It is not a coverage limit or a deductible. It is a legal choice about what you can recover after a crash, and it appears on your declarations page whether or not you thought about it.
The trade is simple to state and easy to get wrong. Limited tort lowers the price of your injury-related coverages. Under the Insurance Department's Notice 2003-07 (33 Pa.B. 4761), insurers apply the tort differential coverage by coverage to bodily injury, first-party benefits and uninsured/underinsured motorist coverage, so how much you save depends on the insurer. In exchange, you give up most of your right to sue the at-fault driver for pain and suffering. Full tort costs more and keeps that right.
Two rules from the statute surprise people. First, the election covers more than you. It applies to relatives in your household who are insured under your policy and are not named insureds on a policy of their own. Second, if you never return the election form, the law treats you as having chosen full tort. An owner of a registered private passenger car who has no insurance at all is treated as having chosen limited tort. We cover the mechanics on our full tort vs limited tort page. This guide is the plain-English version.
What limited tort actually waives
Limited tort does not strip your coverage. You can still seek your medical bills, lost wages and other out-of-pocket costs from a driver who caused the crash. What you give up is non-economic damages, the pain-and-suffering part of a claim, unless your injury is a "serious injury."
Pennsylvania defines a serious injury in 75 Pa.C.S. § 1702 as a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement. The statute does not list which injuries qualify, so whether a particular injury meets that test can become a point of dispute in a claim.
That is where the savings come from and where the risk lives. After a minor fender-bender the difference rarely matters. The risk is an injury that is painful and slow to heal but may not meet the serious-injury test, or one the insurer disputes. Limited tort can then bar a pain-and-suffering claim that full tort would have kept available.
The exceptions that restore full rights
Section 1705(d) lists the situations where a limited-tort driver can recover as if they had full tort. Four depend on the person at fault. They apply when that person:
- is convicted of, or accepts ARD for, driving under the influence in that accident;
- is operating a vehicle registered in another state;
- intended to injure themselves or another person; or
- has not maintained the financial responsibility (insurance) Pennsylvania requires.
Two more do not depend on the other driver. You keep full tort rights for claims against a business that designs, manufactures, repairs or services vehicles for claims arising from a defect it caused or failed to correct, other than in a vehicle the business itself operates. You also keep full tort rights if you are hurt while riding in a vehicle that is not a private passenger vehicle, such as a bus or a commercial truck.
Several of these exceptions turn on facts about the other driver: their insurance, where their car is registered, whether they are convicted of DUI, or accept ARD, for this crash. Collect those facts at the scene. In Philadelphia, police generally do not come out to minor crashes where no one is hurt, so no officer may be writing them down for you. Get the other driver's name, insurance company and policy number, plate number and registration state, and take photos.
These exceptions are real, but they are narrower than most drivers assume, and you cannot count on one applying to your accident. Treating them as a safety net is how people talk themselves into limited tort and regret it later.
Who should pick limited tort
Limited tort can be a rational choice. A driver with strong health insurance, disability coverage and a stable income who wants the lowest premium is taking on a risk they can absorb. If a serious injury would not be financially catastrophic because other coverage fills the gap, the savings may be worth the waiver.
It tends to fit single drivers without dependents, households with deep savings, and people who understand exactly what they are trading away. Remember that your choice also binds the relatives in your household who are insured under your policy.
Who should pick full tort
Full tort is the safer default for most households, and especially for anyone whose finances would be strained by a long recovery. The higher premium keeps your right to be compensated for pain and suffering after a wreck you did not cause, a loss that does not show up on a medical bill.
If you have dependents, a mortgage or thin emergency savings, the math usually favors full tort. We price both options on every quote so you see the actual dollar difference instead of guessing.
The bottom line for Pennsylvania drivers
Do not pick your tort option on autopilot to save money. Limited tort does lower your premium, but you give up a right to get that lower price. After an injury that does not meet the serious-injury test, or one where the insurer disputes it, that right can be worth far more than years of premium savings.
Our rule of thumb: if losing the ability to recover pain and suffering after a bad wreck would hurt your household, pay for full tort. If you have the savings, health coverage and risk tolerance to absorb it, limited tort is a legitimate choice. Either way, choose on purpose. We show both prices on every Pennsylvania quote so the decision is yours.
How to change your election
You are not stuck with the tort option you have. Under § 1705(b), your election carries over to renewals and replacement policies with the same insurer until the insurer receives a signed form choosing the other option. Ask your carrier when a change takes effect. It applies going forward, so make the switch before a crash, not after.
If you are not sure which option you have, check your declarations page or ask us to pull it. Start a Pennsylvania auto quote and we will price full tort and limited tort side by side.
Frequently asked questions
Is limited tort worth it in Pennsylvania?
It depends on your finances. Limited tort lowers the cost of your injury-related coverages, by an amount that varies by insurer, but waives most pain-and-suffering claims unless the injury is a serious injury or an exception applies. Drivers with strong health and disability coverage may accept that trade. Those who couldn't absorb a long recovery usually keep full tort.
What counts as a serious injury under limited tort?
Pennsylvania law (75 Pa.C.S. § 1702) defines a serious injury as a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement. The statute doesn't list qualifying injuries, so whether a specific injury meets the test can be disputed.
Does limited tort stop me from recovering medical bills?
No. Under limited tort you can still seek medical bills, lost wages and other out-of-pocket costs. What you give up is the pain-and-suffering (non-economic) part of a claim, unless your injury is serious or an exception applies.
What are the limited tort exceptions?
Under 75 Pa.C.S. § 1705(d), you recover as if you had full tort when the at-fault person is convicted of DUI (or accepts ARD) for that accident, is driving a vehicle registered in another state, intended to cause injury, or was uninsured. You also keep full tort rights against a business that designs, manufactures, repairs or services vehicles, for claims arising from a defect it caused or failed to correct (not a defect in a vehicle the business itself operates), and when you're hurt riding in a vehicle that isn't a private passenger vehicle.
What happens if I never choose a tort option?
If you don't sign and return the election form, the law treats you as having chosen full tort, and you're charged the full tort premium. An owner of a registered private passenger car who has no insurance at all is treated as having chosen limited tort.
Can I switch from limited tort to full tort?
Yes. Your election stays in place until your insurer receives a signed form choosing the other option. Ask your carrier when the change takes effect. It applies going forward, so switch before a crash, not after.