Limited Tort vs. Full Tort Insurance in Pennsylvania
Written and legally reviewed by Sean P. Quinlan, Esq., PA Attorney ID 86858 — Last updated
Limited tort is the cheaper Pennsylvania auto-insurance election under 75 Pa.C.S. § 1705 that bars pain-and-suffering damages unless the injury is a serious impairment of a body function or a statutory exception applies; full tort costs more and preserves the full claim. Medical bills and lost wages are recoverable under both.
Key takeaways
- Limited tort never bars economic damages — medical bills, lost wages and out-of-pocket losses are fully recoverable under either election.
- The limited tort restriction disappears entirely when the at-fault driver is convicted of or accepts ARD for DUI (§ 1705(d)(1)(i)), when the at-fault vehicle is registered out of state or uninsured, or when you were a motorcyclist, bicyclist or pedestrian (§ 1705(d)(3)).
- "Serious impairment of a body function" is a jury question decided on treatment, duration, residual limitation and prognosis — not an adjuster's call.
- The election binds the named insured, spouse and resident relatives without their own policy, so a parent's limited tort choice binds a teenage driver.
- Switching to full tort is one call to your agent and takes effect prospectively; it does not help a crash that has already happened.
- An adjuster saying "limited tort means no claim" is a legal conclusion, and it is frequently wrong.
Pennsylvania is one of a small number of states that makes drivers choose, at the moment they buy insurance, whether they will be allowed to sue for pain and suffering if someone else hurts them. That choice is called your tort election, and it is governed by 75 Pa. C.S. § 1705. Most people make it in thirty seconds to save a few dollars a month and never think about it again until the day they need it.
I have had this conversation hundreds of times with injured people in Camp Hill, Harrisburg, Philadelphia, and Pittsburgh. Almost none of them remembered which box they checked. Many were told by an adjuster that limited tort meant they had no case. That is frequently wrong, because § 1705 contains a set of exceptions that restore full recovery — and because 'serious impairment of a body function' is a jury question, not an adjuster's decision.
Here is the honest comparison, including what limited tort actually costs you and the specific circumstances that void it.
Limited Tort
A lower-premium election under 75 Pa. C.S. § 1705(d) that preserves all economic damages but restricts recovery for pain and suffering unless an exception applies or the injury is a serious impairment of a body function.
- Premium savings of roughly ten to fifteen percent on the liability portion of the policy
- Full recovery of medical bills, lost wages, and out-of-pocket losses is preserved
- Non-economic damages barred unless the injury qualifies as serious impairment of a body function
- Statutory exceptions in § 1705(d) restore full tort rights in defined circumstances
- The election binds the named insured, the spouse, and resident relatives who are not separately insured
Full Tort
The unrestricted election. You pay more in premium and retain the unqualified right to sue for pain, suffering, disfigurement, and loss of life's pleasures no matter how the injury is characterized.
- No threshold to clear before non-economic damages are available
- No fight over whether an injury is 'serious' enough to qualify
- Materially stronger negotiating posture with the liability carrier
- Costs a modest premium increase — typically the cheapest meaningful coverage upgrade on the policy
- Especially important for households with children, older drivers, or anyone with a prior injury history
Limited Tort vs. Full Tort
| Factor | Limited Tort | Full Tort |
|---|---|---|
| Statutory basis | 75 Pa. C.S. § 1705(d) | 75 Pa. C.S. § 1705(c) |
| Medical bills and lost wages | Fully recoverable | Fully recoverable |
| Pain and suffering | Barred unless an exception applies or the injury is a serious impairment of a body function | Always available |
| Premium | Lower — typically a ten to fifteen percent saving on liability premium | Higher, usually by a small monthly amount |
| Who is bound | Named insured, spouse, and resident relatives without their own coverage | Same household scope, with no restriction |
| DUI defendant | Exception applies — full recovery restored under § 1705(d)(1)(i) | No change; already unrestricted |
| Motorcyclist, pedestrian, or bicyclist | Exception applies — § 1705(d)(3) removes the restriction when you were not occupying a private passenger motor vehicle | No change |
| Out-of-state or uninsured at-fault vehicle | Exceptions in § 1705(d)(1) can restore full tort rights | No change |
| Litigation posture | Adds a threshold issue the defense will contest at summary judgment and at trial | Liability and damages only |
What 'serious impairment of a body function' really means
Limited tort does not eliminate non-economic damages. It conditions them on a threshold: the injury must constitute a serious impairment of a body function. Pennsylvania courts assess that through the nature and extent of the impairment, the type of medical treatment required, the duration of the impairment, the extent of any residual limitation, and the prognosis for recovery. It is ordinarily a question for the jury.
In practice, insurers treat limited tort as an automatic denial. It is not. Documented herniations requiring injections or surgery, fractures with hardware, nerve injury with objective findings on EMG, traumatic brain injury with neuropsychological testing, and permanent scarring have all cleared the threshold in Pennsylvania courts. What loses is thin documentation — gaps in treatment, no objective imaging, and no physician statement tying limitation to the crash.
The exceptions that void limited tort entirely
Section 1705(d) lists circumstances where the limited tort restriction simply does not apply. These are not arguments about severity — they are categorical. When one fits, you recover as if you had elected full tort.
- The at-fault driver is convicted of, or accepts ARD for, driving under the influence in the same incident — 75 Pa. C.S. § 1705(d)(1)(i)
- The at-fault vehicle is registered in another state — a frequent scenario on I-95, I-80, and I-81 corridor crashes
- The at-fault driver was uninsured at the time of the crash
- The at-fault vehicle was intentionally used to cause injury
- You were injured while not occupying a private passenger motor vehicle — including as a motorcyclist, bicyclist, or pedestrian — under 75 Pa. C.S. § 1705(d)(3)
- You sustained a death, serious impairment of a body function, or permanent serious disfigurement
Who your election binds — and who it does not
The tort election on a Pennsylvania policy binds the named insured, that person's spouse, and resident relatives of the household who do not have their own auto coverage. A college student on a parent's policy in State College is bound by the parent's limited tort election. An adult child who lives at home and carries their own full tort policy is bound by their own election, not the parent's.
That household reach is why I tell people this is a family decision, not a personal one. Choosing limited tort to save a hundred and fifty dollars a year applies that restriction to your spouse and your teenage driver as well.
The economics, plainly
Limited tort saves most Pennsylvania households a modest amount on the liability portion of the premium. I have never had a client tell me the savings were worth it after a serious crash. The category of damages limited tort restricts — pain, suffering, disfigurement, and loss of life's pleasures — is frequently the largest component of an injury recovery, and it is the only category that compensates the human cost rather than the receipts.
If you take one practical step after reading this page, pull your declarations page and look for the tort election line. Changing from limited to full tort takes one phone call to your agent and takes effect prospectively. It will not help with a crash that already happened, but it protects your household going forward.
If you already have limited tort and you were hurt
Do not accept an adjuster's conclusion that you have no claim. My first steps are to obtain the declarations page and confirm the actual election in writing, check the exceptions in 75 Pa. C.S. § 1705(d)(1)(i) and § 1705(d)(3) against the facts, verify the at-fault vehicle's state of registration and insurance status, and pull the criminal docket to see whether DUI charges were filed.
Then we build the threshold record: consistent treatment, objective imaging, specialist opinions on permanency, and functional documentation of what you can no longer do at work and at home. Limited tort cases are won on medical documentation. That work starts in the first weeks, not the month before the two-year deadline in 42 Pa. C.S. § 5524.
Which applies to your case?
Two questions come up: which should I buy, and does my election actually block my current claim? Here is how I answer both.
- If you are buying or renewing a Pennsylvania auto policy
- Choose full tort. The premium difference is small relative to what limited tort forfeits, and the election binds your spouse and resident children too.
- If you have limited tort and the other driver was charged with DUI
- Section 1705(d)(1)(i) removes the restriction on conviction or ARD acceptance. Pull the criminal docket and track the disposition.
- If you have limited tort and you were on a motorcycle, bicycle, or on foot
- Section 1705(d)(3) applies because you were not occupying a private passenger motor vehicle. Full recovery is available.
- If the at-fault vehicle had out-of-state plates
- A § 1705(d)(1) exception likely applies. Confirm the registration state from the crash report before conceding anything.
- If you had surgery, hardware, nerve injury, a brain injury, or permanent scarring
- You have a strong serious-impairment argument. Keep treating and make sure your physicians document permanency and functional limitation.
- If an adjuster told you limited tort ends your claim
- Get a second opinion before signing anything. That is a legal conclusion the adjuster has no authority to make, and it is often wrong.
Still unsure? Sean Quinlan reviews these questions personally in a free, confidential consultation — there is no obligation and no attorney fee unless we win. You may be responsible for certain case costs and expenses in addition to the fee, as explained in your written fee agreement.
Frequently Asked Questions
What is the difference between limited tort and full tort in Pennsylvania?
Both elections allow you to recover economic damages — medical bills, lost wages, and out-of-pocket costs. The difference is non-economic damages. Under 75 Pa. C.S. § 1705(d), limited tort bars recovery for pain, suffering, and loss of life's pleasures unless you sustain a serious impairment of a body function, death, or permanent serious disfigurement, or unless a statutory exception applies. Full tort under § 1705(c) carries no such threshold. Limited tort saves roughly ten to fifteen percent on the liability portion of the premium, which in my experience is never worth what it gives up in a serious crash.
Can I still recover pain and suffering with limited tort?
Often, yes. Limited tort conditions non-economic damages on a threshold rather than eliminating them. Pennsylvania courts evaluate serious impairment of a body function by looking at the nature and extent of the impairment, the treatment required, how long it lasted, any residual limitation, and the prognosis. Surgical intervention, fractures with hardware, documented disc herniations with radiculopathy, traumatic brain injury, and permanent scarring routinely clear that bar. Separately, several statutory exceptions remove the restriction entirely — including a DUI conviction by the at-fault driver under 75 Pa. C.S. § 1705(d)(1)(i), injuries suffered while not occupying a private passenger motor vehicle under § 1705(d)(3), an out-of-state at-fault vehicle, and an uninsured at-fault driver.
Does limited tort apply if I was on a motorcycle or a bicycle?
No. Under 75 Pa. C.S. § 1705(d)(3), the limited tort restriction does not apply to a person injured while not occupying a private passenger motor vehicle. Motorcyclists, bicyclists, and pedestrians therefore recover non-economic damages without clearing the serious-impairment threshold, even if the household policy elected limited tort. Motorcycles are also not required to carry first-party medical benefits in Pennsylvania, which changes how medical bills are handled in those cases — a separate issue I walk clients through early, because the medical-payment sequencing affects what you owe out of any recovery.
How do I find out whether I have limited tort or full tort?
It is stated on your policy declarations page, usually on the first page under a heading like 'Tort Option' or 'Tort Election.' If you cannot find it, your agent or the insurer can send the declarations page in writing within a day. Do not rely on memory or on what an adjuster tells you over the phone — I have seen carriers characterize a policy as limited tort when the signed election form said otherwise, and the written election controls. If you want to change from limited to full tort, one call to your agent does it, effective going forward.
Talk to Sean Quinlan about your case.
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