Your Tort Selection Could Be the Most Important Insurance Decision You Ever Make
Pennsylvania is one of only a handful of states that require drivers to choose between “full tort” and “limited tort” coverage when purchasing auto insurance. Most people make this choice without fully understanding what it means — and many don’t think about it again until they’re injured in an accident and discover that their rights have been dramatically limited.
The difference between full tort and limited tort comes down to one thing: your right to sue for pain and suffering after a car accident. Under Pennsylvania law (75 Pa.C.S. § 1705), every driver must select one of these two options. Here’s what each one means and why it matters.
Full Tort: Unrestricted Right to Sue
If you selected full tort coverage, you retain the unrestricted right to seek compensation for all damages after a car accident, including:
✅ Pain and suffering. Physical pain, discomfort, and the impact of injuries on your daily life.
✅ Emotional distress. Anxiety, depression, PTSD, and other psychological effects of the accident and your injuries.
✅ Loss of enjoyment of life. Compensation for activities, hobbies, and pleasures you can no longer participate in because of your injuries.
✅ Loss of consortium. Compensation for the impact on your relationship with your spouse.
✅ Medical expenses and lost wages. All economic damages are always available regardless of tort selection.
Full tort costs more on your monthly premium — typically $50 to $150 more per six-month policy — but it preserves your full legal rights. If you’re seriously injured by another driver’s negligence, this coverage gives you access to the full range of compensation that Pennsylvania law allows.
Limited Tort: Restricted Rights Unless Injuries Are “Serious”
If you selected limited tort coverage, you save money on your premium but give up the right to sue for pain and suffering unless your injuries qualify as a “serious injury” under Pennsylvania law.
With limited tort, you can always recover:
✅ Medical expenses — the full cost of treatment related to the accident.
✅ Lost wages — income lost due to your injuries.
But you cannot recover for pain and suffering, emotional distress, or loss of enjoyment of life unless you can prove your injuries meet the serious injury threshold. This means that even if another driver runs a red light and causes an accident that leaves you in pain for months, your compensation may be limited to your bills — nothing for the suffering itself.
What Qualifies as a “Serious Injury” Under Limited Tort?
Pennsylvania law does not provide a specific statutory definition of “serious injury” for tort threshold purposes. Instead, courts have interpreted the standard through case law. Generally, to break through the limited tort barrier, you must show that your injuries resulted in:
🔹 Death
🔹 Serious impairment of a body function — an injury that significantly affects your ability to perform normal daily activities for a substantial period of time
🔹 Permanent serious disfigurement — visible scarring or physical changes that are significant and lasting
The Pennsylvania Supreme Court addressed this standard in Washington v. Baxter (719 A.2d 733, 1998), holding that the determination of whether an injury is “serious” is generally a question for the jury. However, insurance companies routinely argue that injuries don’t meet this threshold, and many valid claims are denied or undervalued because of the limited tort barrier.
Exceptions: When Limited Tort Doesn’t Apply
Even if you selected limited tort, there are important exceptions under 75 Pa.C.S. § 1705(d) where the limitation does not apply:
✅ The other driver was convicted of DUI. If the at-fault driver was driving under the influence, the limited tort restriction is lifted.
✅ The other driver was from out of state. If the at-fault vehicle was registered in another state, limited tort does not apply.
✅ You were a pedestrian or cyclist. Limited tort only applies to vehicle occupants. If you were hit as a pedestrian or while riding a bicycle, you have full tort rights regardless of your policy.
✅ You were a passenger in a commercial vehicle. Occupants of buses, taxis, rideshare vehicles, and other commercial vehicles are not bound by limited tort.
✅ The at-fault driver was driving an uninsured vehicle.
✅ The at-fault driver intended to cause injury. Intentional acts remove the limited tort restriction.
How Tort Selection Affects Your Accident Claim: A Real-World Example
Consider two drivers involved in identical rear-end collisions. Both suffer herniated discs, require six months of physical therapy, miss three weeks of work, and experience ongoing back pain.
Driver A (Full Tort): Recovers $15,000 in medical bills, $4,500 in lost wages, and $45,000 in pain and suffering. Total: $64,500.
Driver B (Limited Tort): Recovers $15,000 in medical bills and $4,500 in lost wages. The insurance company argues the herniated disc doesn’t meet the “serious injury” threshold. Pain and suffering: $0. Total: $19,500.
Same accident. Same injuries. A $45,000 difference — all because of a checkbox on an insurance application.
Can I Change My Tort Selection?
Yes. You can switch from limited tort to full tort at any time by contacting your insurance company. The change takes effect on your next policy period or renewal. You cannot change retroactively — if you’re in an accident while under limited tort, switching afterward won’t help your claim.
If you currently have limited tort, we strongly recommend switching to full tort. The additional premium cost is minimal compared to the potential loss of tens of thousands of dollars in compensation if you’re injured.
Frequently Asked Questions
How do I know if I have full tort or limited tort?
Check your auto insurance declarations page — the document your insurer sends when you start or renew your policy. It will list your tort selection. You can also call your insurance company directly and ask. If you were never asked to choose, you may have been defaulted to limited tort.
Does my tort selection affect my passengers?
Yes. Passengers in your vehicle are generally bound by the tort selection of the vehicle owner’s policy, unless they have their own auto insurance policy with a different selection. If a passenger has their own full tort policy, their full tort status may override the vehicle owner’s limited tort selection.
Can a lawyer help if I have limited tort?
Absolutely. An experienced personal injury attorney can evaluate whether your injuries meet the serious injury threshold or whether any of the statutory exceptions apply. Many people with limited tort are told by insurance companies that they have no claim, when in fact their injuries do qualify or an exception applies. Never accept an insurance company’s determination without consulting an attorney first.
Is limited tort ever a good choice?
Limited tort may make financial sense for drivers who have minimal assets, rarely drive, or genuinely cannot afford the higher premium. However, for most Pennsylvania drivers, the savings of $10–$25 per month is not worth the risk of losing access to full compensation after a serious accident. We recommend full tort for virtually all of our clients.
Not Sure About Your Tort Selection? We Can Help.
If you’ve been injured in a car accident, your tort selection could determine the value of your claim. We’ll review your policy and explain your options. Free, confidential consultation.
