Full Tort vs. Limited Tort in Pennsylvania

PENNSYLVANIA AUTO INSURANCE

Full tort preserves your ability to seek compensation for pain and suffering after a crash caused by someone else. Limited tort generally restricts those noneconomic damages unless you have a serious injury or an applicable legal exception. Both options preserve eligibility to seek economic losses under Pennsylvania law.

Your tort election is one part of the insurance picture. It does not determine fault, guarantee payment, or tell you whether you have uninsured or underinsured motorist coverage.

The key difference is the right to pursue noneconomic damages, such as pain and suffering. Economic losses are financial harms, including recoverable medical expenses, lost earnings and other documented expenses. Which losses can actually be recovered depends on the claim, applicable law and available benefits.

Attorney Alexis Falvello recommends choosing full tort, even when the premium is higher. Full tort preserves your right to seek compensation for pain and suffering without having to meet the serious-injury threshold that generally applies to limited tort.

That difference can significantly affect the damages available after a crash. The premium savings from limited tort should be weighed against the compensation you may be unable to pursue if you are injured. Full tort does not guarantee recovery or a particular amount, but it preserves broader rights.

“Full coverage” is not a substitute for reviewing the actual policy. A policy may include several kinds of protection and still carry a limited-tort election.

Attorney Alexis Falvello emphasizes a practical starting point: get the declarations page and look for the tort election. Do not assume that a higher liability limit, collision coverage or an assurance that you have “full coverage” answers that question.

The election is not always displayed in the same place on every insurer’s paperwork. If it is unclear, ask the agent or insurer for written confirmation and the relevant election documents.

Limited tort does not mean there is no injury claim. Under 75 Pa.C.S. § 1705, economic losses remain eligible for recovery, and noneconomic damages may be available when the serious-injury requirement or an exception applies.

Pennsylvania defines a serious injury as an injury resulting in death, serious impairment of body function, or permanent serious disfigurement. Whether an injury meets that standard requires a legal evaluation of the medical evidence and the effect of the injury. A diagnosis alone should not be treated as an automatic answer.

Section 1705 identifies circumstances in which a person otherwise bound by limited tort may retain full-tort rights. These include:

• The at-fault person is convicted of, or accepts Accelerated Rehabilitative Disposition (ARD) for, DUI in that accident. A charge alone is not the statutory condition.
• The at-fault person is operating a vehicle registered in another state.
• The at-fault person intends to injure themselves or another person, subject to the statute’s qualifications. Reckless conduct alone is not the same as this exception.
• The at-fault person has not maintained the financial responsibility required by Pennsylvania law. The statute expressly preserves a separate limitation affecting UM/UIM noneconomic recovery.
• Certain vehicle-defect claims against businesses that design, manufacture, repair, service or maintain vehicles, subject to the statutory limits.
• Injury while occupying a motor vehicle other than a private passenger motor vehicle, as those terms are defined by law.

These are not automatic promises of payment. The person’s tort status, the crash circumstances, the type of claim and the actual documents must be reviewed.

Attorney Falvello reviews the injured person’s own automobile insurance because the other driver’s policy may be only part of the picture. Your declarations page summarizes selected coverages; the full policy and election forms may also be needed.

1. Get the documents for the date of the crash. Keep the declarations page, policy, endorsements and any tort-election or coverage-rejection forms you have.
2. Find the tort election. Look for “full tort,” “limited tort,” “tort option” or similar wording. Ask for written clarification if it is missing or unclear.
3. Check separate coverages. Identify UM/UIM, medical benefits, income-loss benefits and the stated limits. Do not assume full tort includes any of them.
4. Identify policies that may apply. Household relationships, named-insured status and multiple policies can affect which election applies.
5. Bring the paperwork to the attorney. Coverage questions should be evaluated with the crash facts and medical records, rather than relying on labels or memory.

For the broader steps after a crash, see what to do after a car accident in Pennsylvania.

The tort election affects the ability to seek noneconomic damages. Uninsured motorist (UM) and underinsured motorist (UIM) coverage address protection when an at-fault driver has no applicable insurance or insufficient coverage, subject to the policy and law.

Pennsylvania requires insurers to offer UM/UIM, but purchase is optional. Full tort does not automatically add these coverages, and buying UM/UIM does not by itself erase limited-tort restrictions. Section 1731(d)(2) limits UM/UIM recovery for noneconomic damages when § 1705 precludes that recovery.

That is why both the tort election and coverage selections need to be checked.

Unsure what your election means after a crash? Falvello Law can review the coverage documents, injuries and circumstances, then explain the options that may apply to your situation.

Learn more about Falvello Law’s car accident representation and Attorney Alexis Falvello.

Call 570-788-4191

Pennsylvania legal sources: 75 Pa.C.S. §§ 1702, 1705 and 1731.

This resource provides general information about Pennsylvania law. It is not legal advice for a particular accident or insurance policy.