In Pennsylvania, drivers can choose between full tort and limited tort auto insurance. While full tort offers the broadest legal rights to recover damages after a crash, limited tort restricts your ability to claim compensation for non-economic damages like pain and suffering—unless your case falls under certain legal exceptions.
Many drivers who pick limited tort don’t realize these exceptions exist until after an accident. If you understand them now, you’ll know when you may still have the right to pursue full compensation, even with limited tort coverage.
This guide explains each of the six main exceptions to limited tort restrictions and what they mean for you after a crash.
1. Serious Injury
The most well-known exception to limited tort is the serious injury exception. Under Pennsylvania law, a “serious injury” is defined as one that results in death, serious impairment of a body function, or permanent serious disfigurement.
To qualify, your injury must have a major impact on your ability to perform your normal daily activities. Examples include:
- Severe fractures requiring surgery
- Permanent nerve damage
- Significant scarring on visible areas of the body
- Traumatic brain injuries with lasting effects
Courts look at both the extent of the injury and the duration of the impairment. A broken arm that heals in a few weeks may not qualify, but a spinal injury that limits movement for months could meet the threshold.
If you meet this definition, you can pursue compensation for non-economic damages, even if you have limited tort.
2. At-Fault Driver Was Under the Influence
If the at-fault driver was operating their vehicle while under the influence of drugs or alcohol, the limited tort restrictions no longer apply.
Pennsylvania takes impaired driving very seriously. In 2022 alone, the Pennsylvania Department of Transportation reported over 8,000 alcohol-related crashes, with hundreds of fatalities and thousands of injuries. These cases often involve severe consequences for the driver, including criminal charges, but for the victim, it means the right to pursue the full range of damages.
This exception applies whether the driver’s impairment was from alcohol, illegal drugs, or even certain prescription medications that caused dangerous impairment.
3. Out-of-State Vehicle
Another exception applies if the at-fault driver’s vehicle is registered in another state. Because not all states use the same tort system as Pennsylvania, the law allows limited tort drivers to recover non-economic damages in these cases.
For example, if you are hit by a driver visiting from New Jersey, Ohio, or any other state, you may be able to seek full compensation even with limited tort coverage.
4. Intentional Harm
If the at-fault driver caused the crash intentionally, you are not bound by limited tort restrictions. This is rare in traffic accidents, but it can happen in road rage incidents or other situations where the driver deliberately tried to cause harm.
In these cases, the driver’s conduct often leads to criminal charges in addition to civil liability. As the injured party, you can pursue non-economic damages regardless of your tort selection.
5. You Were a Pedestrian, Bicyclist, or Motorcyclist
Limited tort applies only to injuries you sustain while occupying a private passenger vehicle. If you are injured as a pedestrian, bicyclist, or motorcyclist, the restrictions generally don’t apply.
This exception exists because these situations often involve more severe injuries and because certain modes of transportation, like motorcycles, require different insurance coverage.
For example:
- You are walking through a crosswalk and a car runs a red light, striking you.
- You are cycling in a bike lane when a driver swerves and hits you.
- You are riding a motorcycle and a distracted driver causes a collision.
In each of these cases, you can typically seek full non-economic damages.
6. Uninsured At-Fault Driver
If the driver who caused your accident has no insurance, you are not limited by the restrictions of your own limited tort policy.
In these situations, you would likely make a claim through your uninsured motorist coverage (UM coverage), which is optional but highly recommended in Pennsylvania. If you have UM coverage, your own insurer steps in to cover your losses, and the full range of damages may be available.
Why These Exceptions Matter
Limited tort can save you a small amount on your insurance premium, but it often costs accident victims far more in lost compensation. In many cases, non-economic damages like pain, emotional distress, and loss of enjoyment of life make up a significant portion of a settlement or verdict.
Knowing these exceptions means you won’t assume you’re out of options after an accident. An experienced personal injury attorney can review your case, identify if one of these exceptions applies, and help you build a strong claim.
The Role of Medical Evidence
Even if you qualify for an exception, you still need solid proof of your injuries and their impact on your life. That’s why it’s essential to:
- Seek immediate medical treatment after the accident
- Follow all prescribed care and therapy
- Keep detailed records of symptoms and limitations
- Save copies of all medical bills and reports
Strong documentation can make the difference between a denied claim and a successful settlement.
Getting Legal Help Early
The rules around tort exceptions can be complex. Insurance companies may try to argue that your case doesn’t qualify, even when it does. Having a lawyer on your side early can prevent critical mistakes and ensure the right evidence is collected from the start.
Attorneys experienced in Pennsylvania auto accident law know how to apply the exceptions to protect your rights. They can also handle communications with the insurance company, negotiate for a fair settlement, and, if necessary, take your case to trial.
Local Representation Matters
If you’ve been injured in Philadelphia or Pennsylvania’s Lehigh Valley, having local legal representation can be a major advantage. Local attorneys understand the courts, the judges, and the tactics used by insurance companies in the region.
With more than 40 years of experience, Metzger & Kleiner, Attorneys at Law has helped countless accident victims recover full compensation—even when they had limited tort coverage—by proving exceptions applied to their cases. We pride ourselves on treating clients as people, not just case numbers, and we offer free consultations with no fees unless we win.
We have offices in Philadelphia and the Lehigh Valley, both located near the courthouses for easy access. Our team can also travel to meet you if needed, and we offer Spanish language services at our Lehigh Valley location.
Call 215-567-6616 in Philadelphia or 610-435-7400 in the Lehigh Valley to learn your rights and see if you qualify for one of these important exceptions.
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