Motorcycle Accident Insurance in Pennsylvania: Limited Tort vs. Full Tort for Riders

I am Sean Quinlan, and the most expensive misunderstanding in Pennsylvania motorcycle claims is the tort election. Riders are told by an adjuster, sometimes by another lawyer, that because their car policy says limited tort they cannot recover for pain and suffering. On the text of the statute, that may be wrong for a rider injured on a motorcycle.

What the tort election is

Pennsylvania requires drivers of private passenger vehicles to choose between limited tort and full tort. Full tort preserves the right to sue for non-economic damages — pain, suffering, disfigurement, loss of life’s pleasures. Limited tort waives that right in most cases, in exchange for a lower premium, unless an exception applies or the injury qualifies as serious. Economic damages such as medical bills and wage loss are recoverable either way.

The election is a household concept. It binds the named insured and generally the resident relatives who are insureds under the policy and are not named insureds under another private passenger motor vehicle policy.

The occupant exception: 75 Pa. C.S. § 1705(d)(3)

Here is the provision that changes the analysis. Section 1705(d)(3) provides that an individual otherwise bound by the limited tort election “shall retain full tort rights if injured while an occupant of a motor vehicle other than a private passenger motor vehicle.” Section 1705(b)(3) separately protects an individual who is not an owner of a currently registered private passenger motor vehicle and is not a named insured or insured under any private passenger motor vehicle policy.

Section 1702 defines a private passenger motor vehicle as a “four-wheel motor vehicle,” with further limits, so on the text a motorcycle appears to fall outside that term. For a rider, that text supports full tort treatment when you are injured on your motorcycle, even if every car in your driveway carries a limited tort election. The statute does not name motorcycles, and this reading rests on the text; we have not located an appellate decision applying it to a motorcycle. An attorney can confirm how this applies to your case.

Your tort election and the vehicles on each policy are among the first things to confirm from the declarations pages before an adjuster frames your claim as capped.

Medical benefits on a motorcycle policy are different

Private passenger vehicle policies in Pennsylvania must carry at least $5,000 in first-party medical benefits under 75 Pa. C.S. § 1711. Section 1711 excludes motorcycles from that mandate, 75 Pa. C.S. § 1712 excludes them from the optional first-party benefits insurers must make available, and 75 Pa. C.S. § 1714 says an operator or occupant of a motorcycle “cannot recover first party benefits.”

Practically, that means your health insurance becomes the primary payer for a trauma admission that can run into six figures, and depending on the plan, it may assert a reimbursement right, which 75 Pa. C.S. § 1720 limits. If you are shopping coverage now, ask whether the motorcycle policy offers a separate medical payments option and read its terms. Do not assume it works like first-party benefits on a car policy. An attorney can confirm how this applies to your case.

The coverage that actually decides rider outcomes: UM and UIM

Rider injuries are severe and the drivers who cause them frequently carry Pennsylvania’s minimum liability limits. When the medical bills alone exceed the at-fault policy, the case is won or lost on your own uninsured and underinsured motorist coverage.

• UIM pays when the at-fault driver’s limits are insufficient. Carry as much as you can afford; it is the cheapest meaningful coverage sold.
• UM pays when the driver had no insurance, or in a hit-and-run — extremely common in rider cases.
• Stacking multiplies your available UM/UIM by the number of covered vehicles in the household. Many people sign a stacking waiver at the counter without understanding the trade. Check whether one is in your file.
• Household exclusions in some policies attempt to bar UIM recovery when the injured person was on a vehicle not listed on that policy. Whether such an exclusion is enforceable has been actively litigated in Pennsylvania, and any denial on that basis deserves a lawyer’s review rather than acceptance.

Other coverage worth hunting for

Umbrella policies held by the at-fault driver. Employer liability where the driver was working. Owner liability where the driver borrowed the vehicle. A dram shop claim against a licensee that served a visibly intoxicated driver under 47 P.S. § 4-493(1). In catastrophic cases, finding a second policy matters more than any argument made at trial.

What limited tort would mean if it did apply

For completeness: even under limited tort, the serious injury threshold and several statutory exceptions preserve non-economic recovery — including where the at-fault driver was convicted of or accepted ARD for driving under the influence, was uninsured, or was operating a vehicle registered out of state. Under 75 Pa. C.S. § 1705(d)(1)(i), the DUI exception restores full tort rights to a limited tort insured injured by a drunk driver. That exception matters in car cases; for riders, the § 1705(d)(3) analysis usually gets there first.

Steps I recommend to every rider

1. Pull the declarations page for the motorcycle policy and for every auto policy in the household.
2. Look for UM/UIM limits, whether stacking was waived, and whether the motorcycle policy includes any medical payments coverage.
3. Report to your own carrier, but decline a recorded statement to the other driver’s insurer.
4. Do not sign a blanket medical authorization.
5. Do not accept any statement that limited tort caps your claim until someone has read § 1705(d)(3) against your actual policy.

The claim itself must be brought within two years under 42 Pa. C.S. § 5524, and UIM claims carry their own contractual notice and cooperation requirements that can be forfeited by delay.

Related reading: my Pennsylvania motorcycle accident lawyer page, the limited tort versus full tort comparison, the motorcycle versus car claims comparison, and the PA motorcycle accident FAQ.

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