When you buy auto insurance in Pennsylvania, you have to make an important choice: full tort or limited tort coverage. This decision will affect your rights after an accident, especially when it comes to getting compensation for pain and suffering. Many drivers select an option without fully understanding what it means. Later, when they need help the most, they discover that their choice limits their ability to recover damages.
This article explains the difference between full tort and limited tort, how each one works, and how they can impact you after a crash. We’ll also cover common scenarios to help you make an informed choice.
The Basics of Tort Options in Pennsylvania
Pennsylvania is one of a handful of states that allows drivers to choose between two tort options on their car insurance policies.
- Full Tort gives you the unrestricted right to sue for both economic and non-economic damages after an accident.
- Limited Tort restricts your ability to sue for non-economic damages, like pain and suffering, unless you meet certain exceptions.
Economic damages include measurable financial losses, such as medical bills, property damage, and lost wages. Non-economic damages cover the harder-to-measure effects, like physical pain, emotional distress, loss of enjoyment of life, or permanent scarring.
How Full Tort Works
If you have full tort coverage and someone else’s negligence causes an accident, you can seek compensation for both economic and non-economic damages. There’s no need to prove that your injury meets a legal threshold before you can claim pain and suffering.
For example, if you suffer whiplash after being rear-ended and it disrupts your daily life, you can pursue compensation for the pain and inconvenience, even if you fully recover in a few months.
How Limited Tort Works
Limited tort policies generally cost less in monthly premiums, but they come with significant restrictions. With limited tort, you can always recover economic damages, such as your medical expenses and lost wages. However, you can only recover non-economic damages if your injury qualifies as a “serious injury” under Pennsylvania law.
The Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) defines a serious injury as “a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement.”
In practice, this means you must prove your injury has a major impact on your ability to perform your normal daily activities. Minor injuries or those with a quick recovery usually won’t qualify.
Common Exceptions to Limited Tort
Even if you choose limited tort, there are situations where you can still pursue full non-economic damages. These include:
- The at-fault driver was under the influence of drugs or alcohol.
- The at-fault driver was operating a vehicle registered in another state.
- The at-fault driver intended to injure you.
- You were a pedestrian, motorcyclist, or passenger in a commercial vehicle at the time of the accident.
- The at-fault driver had no insurance.
These exceptions exist to protect victims in extreme circumstances, but they don’t apply to every crash.
Cost Difference Between Full Tort and Limited Tort
For many drivers, the biggest reason to choose limited tort is the lower premium. According to data from the Pennsylvania Insurance Department, limited tort can cost anywhere from 10% to 15% less than full tort coverage.
However, this savings often amounts to only a few dollars per month. For example, if your premium is $1,200 per year with full tort, limited tort might save you about $120 to $180 annually. While that savings can be tempting, the trade-off is a significant reduction in your legal rights if you’re injured.
How Tort Choice Impacts Real Cases
Example 1 – Minor Soft Tissue Injury
A driver with full tort suffers a neck strain after being rear-ended. Even though the injury heals within two months, they can seek compensation for the pain, inconvenience, and emotional distress.
A driver with limited tort in the same situation may recover only the cost of medical treatment and lost wages, but not pain and suffering, unless they can prove a serious impairment.
Example 2 – Long-Term Back Injury
A driver with limited tort develops a herniated disc after a crash, requiring ongoing treatment and preventing them from working for months. This may meet the serious injury threshold, allowing them to claim pain and suffering. With full tort, they wouldn’t need to meet that threshold to recover those damages.
Deciding Which Option is Best for You
When deciding between full tort and limited tort, think about:
- Your risk tolerance: Would you be comfortable giving up most pain and suffering claims to save on premiums?
- Your financial safety net: Could you absorb lost compensation if you couldn’t work due to injuries that don’t meet the “serious injury” definition?
- Driving habits: Do you commute long distances or drive in high-traffic areas where accidents are more likely?
Why Many Legal Professionals Recommend Full Tort
While limited tort may save you some money upfront, it could cost you thousands in lost compensation after a crash. Non-economic damages can make up a significant portion of a settlement, especially in cases involving long-term pain or emotional harm.
The Insurance Research Council has found that people with legal representation recover significantly more in compensation than those without—often three times more on average. This is even more important if you have full tort, as it allows for the full range of damages to be pursued.
The Role of Legal Guidance
Even if you currently have limited tort, an experienced personal injury lawyer can review your case to see if you qualify for one of the exceptions. They can also help gather the medical documentation and evidence needed to prove a serious injury if applicable.
Understanding your rights and your policy terms before an accident happens is the best way to protect yourself. Unfortunately, many drivers only learn about these limitations after it’s too late.
Protecting Yourself Before and After an Accident
Choosing the right tort option is just the first step in protecting yourself on the road. You should also:
- Review your auto insurance coverage annually.
- Keep copies of your policy declarations page.
- Seek immediate medical attention after any accident, even if you feel fine.
- Document your injuries and symptoms from day one.
This preparation can make a huge difference if you ever need to file a claim.
When to Contact a Lawyer
If you’ve been in an accident, your choice of tort coverage will play a major role in your case. Whether you have full tort or limited tort, an attorney can evaluate your situation, explain your options, and fight for the best outcome possible.
With more than 40 years of experience helping accident victims in Philadelphia and Pennsylvania’s Lehigh Valley, Metzger & Kleiner, Attorneys at Law understands how to navigate the complexities of tort law. We know the strategies insurance companies use to limit payouts, and we work tirelessly to make sure our clients receive the compensation they deserve.
We offer convenient office locations, free parking, and will even travel to meet you if necessary. There are no fees unless we win your case. Call 215-567-6616 in Philadelphia or 610-435-7400 in the Lehigh Valley to schedule your free consultation.
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