Key Takeaways:
- Pennsylvania is a “choice no-fault” state, so drivers select “limited” or “full tort” on their auto policy.
- Limited tort blocks pain and suffering claims unless the injury meets a “serious injury threshold.”
- Full tort preserves the unrestricted right to sue for all damages, including pain and suffering.
- Several statutory exceptions can restore full tort rights to a limited tort policyholder.
The “tort” option selected on a Pennsylvania auto policy decides whether an injured driver can pursue compensation for pain and suffering after a car accident or only for out-of-pocket costs. A lower premium at signup can mean a smaller settlement later. Reviewing the policy before filing a claim shows which recovery path applies.
What Is the Difference Between Limited and Full Tort in Pennsylvania?
Pennsylvania is one of a few states that let drivers pick a tort option when they buy car insurance, a system called “choice no-fault.” Under 75 Pa.C.S. Section 1705, a driver selects either limited tort or full tort, and the policy defaults to full tort if no selection is made. “Full tort” preserves the right to sue for all damages, while “limited tort” caps that right unless the injury is serious.
How Does Limited Tort Affect Your Right to Sue After a Crash?
A driver with limited tort coverage can still recover “economic” losses such as medical bills, lost wages, and vehicle repair costs after a crash caused by another driver. Limited tort restricts the ability to sue for “non-economic” damages, including pain and suffering, unless the injury meets the “serious injury threshold” defined in 75 Pa.C.S. Section 1702. That standard generally requires permanent disfigurement or permanent and serious impairment of a body function. Without proof of a serious injury, a limited tort claimant cannot collect for pain and suffering.
What Exceptions Allow Limited Tort Drivers to Recover Full Damages?
Several statutory exceptions restore full tort rights to a driver who otherwise selected limited tort. These exceptions apply regardless of the tort option listed on the policy:
- The at-fault driver was convicted of driving under the influence or accepted into a diversionary DUI program.
- The at-fault vehicle was registered outside Pennsylvania.
- The injured person was a pedestrian or bicyclist at the time of the crash.
- The at-fault driver operated a commercial vehicle.
- The claimant was riding in a vehicle other than a private passenger car, such as a motorcycle or bus.
How Does Full Tort Coverage Change What You Can Recover?
With full tort coverage, an injured driver keeps an unrestricted right to sue an at-fault party for all recognized damages. No serious injury threshold applies before a claim can proceed. The tradeoff is a higher premium, since insurers price full tort coverage above limited tort coverage to reflect the broader right to sue. Full tort damages can include the following categories:
- Medical expenses and future care costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Loss of consortium
- Reduced quality of life
How a Delaware County Car Accident Lawyer Can Help You Recover Damages
Determining whether an exception applies, or whether an injury meets the serious injury threshold, often requires review of medical records, the police report, and the tort election listed on the policy declarations page. A Delaware County car accident lawyer can pull the policy, confirm the tort status of every household driver, and identify exceptions that restore full recovery rights. Filing on time also matters, since Pennsylvania sets a two-year deadline under 42 Pa.C.S. Section 5524 for personal injury lawsuits.
Frequently Asked Questions (FAQs):
Does limited tort apply to children living in the household?
Yes, family members residing with the policyholder typically share the same tort election, including minor children.
Can a driver switch from limited to full tort?
Yes, a policyholder can request the change with the insurer, usually before the next renewal.
Does the tort election affect claims against an uninsured driver?
Uninsured motorist coverage applies separately from the tort election, but proving fault and injury is still required.
Our Knowledgeable Delaware County Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC Can Explain Your Recovery Options After Reviewing Your Case
Our Delaware County car accident lawyers at McCann Dillon Jaffe & Lamb, LLC review policy declarations, medical records, and statutory exceptions to determine whether a limited tort election still allows a full recovery after a crash. To schedule a free consultation, contact us online or call today at 215-569-8488. We have offices in Philadelphia and Abington, Pennsylvania, as well as Haddonfield, New Jersey, and Wilmington, Delaware. We proudly serve clients in the surrounding areas.