Limited Tort vs. Full Tort in Pennsylvania: What Your Choice Really Means

This is one of the most important — and least understood — lines on a Pennsylvania auto policy. Most people choose it once, to save money, and never think about it again until they're hurt. Here's what it actually controls.

What is the limited tort / full tort choice?

Pennsylvania is one of a small number of states that lets drivers choose their right to sue. When you buy auto insurance here, you elect either "limited tort" or "full tort." Limited tort lowers your premium in exchange for giving up some of your right to recover for pain and suffering. Full tort costs a bit more and keeps that right fully intact.

What does each one let me recover?

Limited tort

• Medical bills, lost wages, and other out-of-pocket (economic) losses: yes

• Pain, suffering, and other non-economic damages: generally NO — unless an exception applies

• Lower premium

Full tort

• Medical bills, lost wages, and other out-of-pocket (economic) losses: yes

• Pain, suffering, and other non-economic damages: yes

• Higher premium

Both options let you recover your hard economic losses. The difference is non-economic damages — compensation for the pain, the disruption, the lasting effects of a serious injury.

If I have limited tort, am I just out of luck?

Not necessarily. Pennsylvania law carves out several important exceptions where a limited-tort driver keeps the full right to sue, including when:

•     Your injury qualifies as a "serious injury" — generally a serious impairment of a body function, permanent serious disfigurement, or death. This is a legal standard that turns on the specific facts.

•     The at-fault driver was convicted of (or accepted ARD for) driving under the influence.

•     The at-fault driver was operating a vehicle registered in another state.

•     The at-fault driver was driving a commercial vehicle, in certain circumstances.

•     You were a pedestrian or on a bicycle or motorcycle, rather than an occupant of a private passenger car, in certain circumstances.

Because these exceptions are fact-specific, two people with the same policy can end up with very different rights depending on how the crash happened. It is worth having someone look at the details before assuming limited tort closes the door.

How do I find out which one I picked?

Look at the declarations page of your auto policy — it states your tort election in plain language. If you can't find it, your agent or insurer can confirm. It's a good idea to check before you ever need it; you can change your election going forward, though it won't change your rights for a crash that already happened.

Should I change my election?

That's a personal cost-versus-protection decision, and we can't make it for you. The premium savings from limited tort are real, but so is what you give up. Many people are surprised how modest the price difference can be for full tort. If you're weighing it, ask your insurer for both quotes side by side.

Talk it through with someone local. If you have questions about your own situation, the attorneys at Joyce, Carmody & Moran can review what happened and explain your options — no cost for the first conversation, and no obligation. We are based in Pittston and handle injury matters throughout Luzerne County.