What Is Limited Tort in Pennsylvania?
Pennsylvania’s Limited Tort Election
Pennsylvania is one of a small number of states that allows drivers to choose between two different legal frameworks when purchasing auto insurance: full tort and limited tort. The tort election you make significantly affects your ability to recover compensation for pain and suffering after a car accident. Many Pennsylvanians choose limited tort without fully understanding what they’re giving up — a decision that can cost them dearly after a serious crash.
What Is Limited Tort?
If you’ve elected limited tort on your Pennsylvania auto insurance policy, you’ve agreed to give up your right to seek compensation for pain and suffering, inconvenience, and other noneconomic damages resulting from a car accident — unless your injuries meet the definition of a “serious injury” under Pennsylvania law (75 Pa. C.S. § 1705).
Pennsylvania defines a serious injury as one resulting in:
- Death
- Serious impairment of a body function
- Permanent serious disfigurement
Under limited tort, you can still recover all of your economic damages — medical bills, lost wages, out-of-pocket expenses — regardless of injury severity. But unless your injury crosses the serious injury threshold, you cannot recover for pain and suffering or other noneconomic losses.
What Is Full Tort?
Full tort preserves your unrestricted right to seek compensation for all damages, including pain and suffering, regardless of injury severity. You don’t need to prove your injury was “serious” — any injury caused by a negligent driver can support a pain and suffering claim. Full tort costs more in premiums, but the additional protection it provides is substantial.
Limited Tort Exceptions
Even if you’ve elected limited tort, Pennsylvania law allows you to seek full tort damages in certain circumstances, including when the at-fault driver was DUI, when the vehicle was registered out of state, when the at-fault driver was uninsured, or when you were not in a motor vehicle at the time of the accident (e.g., as a pedestrian or cyclist).
If you’re unsure whether you have limited or full tort, or if you’ve been injured and want to know how your tort election affects your claim, the Erie car accident attorneys at Purchase, George & Murphey, P.C. can help. Contact us for a free consultation.
