Most Pennsylvania drivers picked a tort option years ago on a form they barely read. After a crash, that one choice can decide whether you may seek compensation for pain and suffering. Many people assume "limited tort" means they have no case. Often that is not true. Pennsylvania law (75 Pa.C.S. § 1705) sets out what each option means and when limited tort does not apply. Here is how it works, and how to check which option you have.
Full Tort vs. Limited Tort: What Each Option Lets You Recover
Insurers must give each applicant and named insured written notice of the choice between "full tort" and "limited tort" on a standardized form (75 Pa.C.S. § 1705(a)(1), (a)(4)), and must repeat the tort notice at every renewal (75 Pa.C.S. § 1791.1(b)).
- Full tort: you remain eligible to seek compensation for both economic and noneconomic loss caused by another person's fault (75 Pa.C.S. § 1705(c)).
- Limited tort: you can still seek economic loss, such as medical bills and other out-of-pocket costs. Unless your injury is a "serious injury," you cannot claim noneconomic loss, meaning pain and suffering and other nonmonetary detriment (75 Pa.C.S. § 1702), except in the situations listed in 75 Pa.C.S. § 1705(d).
Under either option, you generally cannot recover from the at-fault driver amounts already paid or payable by your own first-party benefits (75 Pa.C.S. § 1722).
| What you can pursue | Full tort | Limited tort |
|---|---|---|
| Economic loss (medical bills, other out-of-pocket costs not covered by your own benefits) | Yes | Yes |
| Pain and suffering (noneconomic loss) | Yes | Only with a "serious injury" or a statutory exception |
What Counts as a "Serious Injury" Under Limited Tort?
The law defines a serious injury as a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement (75 Pa.C.S. § 1702). The statute does not define "serious impairment of body function" any further. Whether an injury qualifies turns on the facts: your medical records, your treatment, and how the injury affects daily life. That is one reason prompt, consistent medical care matters after any crash.
When Does Limited Tort Not Limit Your Claim? The Statutory Exceptions
Even without a serious injury, a limited tort insured can seek recovery as if they had full tort in each situation below, all taken from 75 Pa.C.S. § 1705(d).
The at-fault driver was convicted of DUI or accepted ARD for the crash
This applies when the person at fault is convicted of, or accepts Accelerated Rehabilitative Disposition (ARD) for, driving under the influence of alcohol or a controlled substance in that accident (75 Pa.C.S. § 1705(d)(1)(i)). Learn more about crashes caused by drunk drivers.
The at-fault vehicle is registered in another state
If the person at fault was operating a motor vehicle registered outside Pennsylvania, limited tort does not bar a pain and suffering claim (75 Pa.C.S. § 1705(d)(1)(ii)).
The at-fault person meant to cause injury
This exception applies when the person at fault intended to injure himself or another person (75 Pa.C.S. § 1705(d)(1)(iii)). The statute reads this narrowly: an act is not "intentional" just because it was deliberate, done knowing it created a grave risk of injury, or done to avoid bodily harm.
The at-fault driver had no insurance
If the person at fault did not carry the financial responsibility (insurance) Pennsylvania requires, the limited tort bar does not apply to your claim against that person (75 Pa.C.S. § 1705(d)(1)(iv)). Uninsured motorist coverage follows its own rule in 75 Pa.C.S. § 1731(d)(2).
A vehicle defect and the business responsible for it
Limited tort does not restrict claims against a business that designs, manufactures, repairs, services or maintains motor vehicles, when the claim comes from a vehicle defect that business caused or failed to correct. This exception does not cover a defect in a vehicle the business itself was operating (75 Pa.C.S. § 1705(d)(2)).
You were riding in a vehicle that is not a "private passenger motor vehicle"
If you were injured while riding in a motor vehicle other than a private passenger motor vehicle, you keep full tort rights (75 Pa.C.S. § 1705(d)(3)). Under 75 Pa.C.S. § 1702, a private passenger motor vehicle is a four-wheel vehicle insured by a natural person that is either a passenger car not used as a public or livery conveyance and not rented to others, or a vehicle with a gross weight of 9,000 pounds or less not principally used for commercial purposes other than farming.
An important clarification: being hit by a commercial truck is not, by itself, an exception. This rule looks at the vehicle you were in, not the vehicle that hit you.
Who Is Bound by Your Tort Choice?
- Your household. The named insured's election binds a spouse or other relative living in the household, and a minor in their custody, unless that person is a named insured on another private passenger policy (75 Pa.C.S. § 1705(b)(2), (f)). If household policies conflict, the option on the policy of the vehicle you were in applies if you are an insured on it. Otherwise, full tort applies.
- No car and no policy. If you do not own a currently registered private passenger vehicle and are not covered under any private passenger policy, you are not barred from seeking economic or noneconomic loss (75 Pa.C.S. § 1705(b)(3)).
- A registered car with no insurance. An owner of a currently registered private passenger vehicle who does not carry the required insurance is deemed to have chosen limited tort (75 Pa.C.S. § 1705(a)(5)).
- No election at all. To get limited tort, the named insured must sign and return the notice. If no choice is made after the insurer's second and final notice, the law presumes full tort (75 Pa.C.S. § 1705(a)(1), (a)(3)).
Why You Should Check Your Declarations Page Before Assuming Anything
At application and every renewal, your insurer must send an itemized invoice together with the declaration of your coverage limits, plus a notice explaining the full tort and limited tort alternatives (75 Pa.C.S. § 1791.1(a)-(b)). Before you decide you "only have limited tort," check:
- The tort option shown on your declarations page.
- Your signed tort election form (ask your insurer for a copy).
- Every auto policy in your household, since a relative's election may bind you.
- Whose vehicle you were in, and what kind it was.
- The police report, which may show an out-of-state registration. Our Pennsylvania car accident resources cover other steps after a crash.
Your election stays in force through renewals and replacements until the insurer receives a signed form choosing the other option (75 Pa.C.S. § 1705(b)(1)). See also stacking your auto insurance policies.
Limited Tort and Your Filing Deadline
Whatever your tort option, a personal injury claim must generally be filed within two years (42 Pa.C.S. § 5524(2)). Read more about the two-year deadline to file a car accident claim.
Frequently Asked Questions
Does limited tort mean I have no case?
No. Limited tort still lets you seek economic loss. You may also seek pain and suffering if your injury is a serious injury or one of the exceptions in 75 Pa.C.S. § 1705(d) applies.
Can I switch from limited tort to full tort?
Yes. Notify your agent, broker or insurance company and complete the required form (75 Pa.C.S. § 1791.1(b)). The new option applies once your insurer receives the signed form (75 Pa.C.S. § 1705(b)(1)).
Does limited tort affect my own medical benefits?
Your tort option limits what you can claim from the person at fault. Separately, Pennsylvania auto policies must include a first-party medical benefit of at least $5,000 on your own coverage; motorcycles and certain other vehicles are excluded (75 Pa.C.S. § 1711(a)).
Talk to a Lehigh Valley Car Accident Attorney
Your tort option is a starting point, not the final word. The team at Leeson & Leeson Accident and Injury Attorneys can review your policy, your household's coverage and the crash facts to see which rules apply. We have fought for Pennsylvanians since 1969 and serve injured people in Allentown, Bethlehem and Easton. Call (610) 691-3320 or contact us to schedule a consultation.