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Pennsylvania Limited Tort vs. Full Tort: What Your Choice Means After a Car Accident

By AutoInsuranceBundle.pro · Published November 1, 2026

Short answer: In Pennsylvania, limited tort costs less but generally bars claims for pain and suffering unless the injury is serious or an exception applies, such as a convicted drunk driver or an out-of-state vehicle. Full tort keeps your unrestricted right to sue. Both still allow claims for medical bills. If you never chose, you are treated as full tort.

Pennsylvania asks every driver to make a choice that most people forget about until after a crash: limited tort or full tort. The choice sits quietly on your declarations page, and it can decide whether you are able to claim compensation for pain and suffering when another driver injures you. This guide explains the two options, the serious injury rule, the exceptions written into state law and how to check what you have.

The short video below covers the basics in about half a minute. It uses licensed stock footage of roads and paperwork, not footage of any real crash or injury. The full guide follows.

The two tort options

Pennsylvania law requires insurers to give drivers a written notice describing both choices. The official text of that notice is set out in 75 Pa.C.S. § 1791.1. In short:

The key phrase is "pain and suffering." Limited tort does not stop you from recovering medical expenses or lost income through the at-fault driver's insurance. It restricts claims for non-economic harm, such as pain, inconvenience and loss of enjoyment of life.

What counts as a serious injury

Under limited tort, you keep the right to claim pain and suffering if the injury qualifies as serious. Pennsylvania law defines a serious injury as one resulting in death, serious impairment of body function or permanent serious disfigurement. That definition is in 75 Pa.C.S. § 1702.

Whether a particular injury meets that standard is often disputed. Insurers and courts look at medical records, how long symptoms last and how the injury affects daily life. State rules vary across the country, and in Pennsylvania this question is frequently decided case by case.

Exceptions that restore full tort rights

Section 1705 also lists situations where a person who chose limited tort is treated as if they had full tort. In general terms, they include an injury caused by:

Limited tort electors also keep full tort rights against businesses that design, manufacture, repair or service vehicles, for injuries caused by a defect or by negligent repair or service, and in some cases when injured while riding in a vehicle other than a private passenger car. Read the statute text for the exact wording, because the details matter.

If you never made a choice

Some drivers do not remember signing anything. The Pennsylvania Insurance Department's auto insurance guide explains that if you fail to elect limited tort, you are deemed to have chosen full tort. In other words, full tort is the default; limited tort requires a signed election.

The department has also addressed how the limited tort discount is calculated. A notice published in the Pennsylvania Bulletin explains that an earlier department notice required a 40% discount on bodily injury, uninsured and underinsured motorist coverage and first-party benefits for drivers who choose limited tort. The dollar difference on your own policy depends on your insurer, coverages and driving profile, so ask for both prices side by side. Call (888) 217-5854 for free quotes.

How to check and change your tort option

1. Find your declarations page. It lists your coverages and should state "Limited Tort" or "Full Tort."
2. Look for the signed election form. If you chose limited tort, your insurer should have a signed selection on file.
3. Ask for a quote on both options. Compare the premium difference with the rights you would give up.
4. Change it before you need it. A change generally applies going forward, not to a crash that has already happened.
5. Review it when life changes. A new driver in the household, a longer commute or a new car are good times to look again.

After a crash on limited tort

If you are hurt and have limited tort, do not assume you have no claim. Check whether one of the exceptions applies, especially if the other driver was charged with DUI, was driving an out-of-state car or had no insurance. Keep every medical record, because they will matter if the question becomes whether your injury is serious. For significant injuries, many people speak with a Pennsylvania attorney before accepting a settlement.

FAQ

Can I still get my medical bills paid with limited tort?

Yes. Limited tort restricts claims for pain and suffering and other non-monetary damages. Medical bills and other out-of-pocket losses can still be recovered under the policy and from the at-fault driver.

Is full tort the default in Pennsylvania?

Yes. According to the Pennsylvania Insurance Department, if you do not elect limited tort, you are deemed to have chosen full tort.

What if the other driver was drunk?

If the at-fault driver is convicted of, or accepts Accelerated Rehabilitative Disposition for, driving under the influence, a limited tort driver is generally treated as full tort for that claim.

Does limited tort apply to my family?

Yes. The official notice says the choice applies to you and members of your household covered under the policy, so a household member can be bound by the option you selected.

Can I switch from limited tort to full tort?

Yes. Contact your insurer to change your selection. The change generally applies from that point forward, so it will not help with a crash that already happened.

Questions about your coverage? Call a licensed agent at (888) 217-5854 to compare free quotes.

Important: This article is general information, not legal, tax, or insurance advice, and coverage rules vary by state, insurer, and policy. AutoInsuranceBundle.pro is a free, independent insurance comparison and referral service. We are not an insurance company, we do not issue policies, and we do not provide insurance advice. Calls to the number on this site are routed to licensed insurance agents or agencies in our partner network, who may receive compensation. Calling is completely voluntary and there is no obligation to buy. Rates, discounts, and availability vary by carrier, state, and individual eligibility; not all carriers, products, or discounts are available in all states. Calls may be recorded for quality and compliance purposes.