Full tort or limited tort?

It is the one choice on a PA auto policy that decides what you can claim after a crash. Here is what each option means — and what each one costs you.

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The difference in one page

Full tort

You keep every right the law gives you, and you pay more for it.

Unrestricted right to seek pain and suffering damages
No injury threshold to clear before you can claim
Same right for everyone in your household
Costs more than limited tort

Limited tort

You pay less, and you give up the right to claim for pain and suffering in most crashes.

Lower premium — that is the whole reason to choose it
Medical bills, lost wages and property damage still recoverable
No pain and suffering unless the injury is “serious” or an exception applies
Binds your spouse, relatives and minors in your household too

Either way, your medical bills, lost wages and vehicle damage are still recoverable. The choice is only about non-economic damages — pain, suffering and loss of enjoyment of life.

What Pennsylvania requires either way

Tort choice aside, every PA policy has to carry at least these limits:

$15,000

Bodily injury liability, per person injured.

$30,000

Bodily injury liability, total per accident.

$5,000

Property damage liability — the other driver’s vehicle.

$5,000

Medical benefits for you and your passengers, regardless of fault.

Worth knowing: those limits are low. One emergency room visit can pass $15,000 on its own, and a newer vehicle can pass $5,000 in damage easily. Anything above your limits is yours to pay. Higher limits usually cost far less than drivers expect — we will show you the difference on your quote.

What counts as a “serious injury”

With limited tort, you can still claim pain and suffering if the injury is serious. Pennsylvania law defines that as death, serious impairment of a body function, or permanent serious disfigurement. It is a legal standard decided case by case, not a medical diagnosis — which is exactly why limited tort claims get contested.

When limited tort does not apply

Pennsylvania law lists situations where the limited tort restriction falls away and you can claim as though you had full tort:

Drunk driver

The at-fault driver is convicted of DUI or accepted into the ARD program for it.

Out-of-state vehicle

The at-fault vehicle is registered in another state.

Uninsured driver

The at-fault driver was not carrying insurance.

Intentional collision

The other driver caused the crash on purpose.

Pedestrian or cyclist

You were on foot or on a bicycle when a vehicle struck you.

Not a private passenger vehicle

You were riding in a bus, taxi or similar vehicle rather than a private passenger car.

Two things drivers miss

It covers your whole household

Your tort election applies to your spouse, relatives living with you and minors in your custody — not just the named insured.

It carries over at renewal

Once elected, the same option renews with the policy until you sign a new election form. Many drivers have no idea which one they have.

Check your dec page

Your declarations page states your tort election. Upload it when you quote and we will read it for you.

So which should you pick?

It comes down to what the savings are worth against what you would give up if someone hurts you badly. The premium difference varies by carrier, vehicle and driving record, so the honest answer is to look at your own numbers rather than a rule of thumb. Start a quote and a licensed Insurox agent can price it both ways before you decide.

See what each option costs you

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