How Pennsylvania’s Limited Tort Insurance Affects Your Right to Sue After an Accident

In Pennsylvania, drivers are given a choice between limited tort and full tort insurance coverage. While limited tort often results in lower premiums, it comes with significant trade-offs — particularly when it comes to your right to sue after a car accident.

What Is Limited Tort Coverage?

Limited tort coverage restricts your ability to recover certain damages — most notably, compensation for pain and suffering — unless specific conditions are met. You can still recover medical expenses and out-of-pocket costs, but your legal ability to pursue non-economic damages is limited.

When You Can Sue with Limited Tort

There are exceptions where Pennsylvania law allows limited tort policyholders to sue for pain and suffering. These include:

• The injury qualifies as a “serious injury” — such as permanent disfigurement or disability
• The at-fault driver was convicted of DUI
• The vehicle is registered out of state
• The accident was caused intentionally
• The victim was a pedestrian or bicyclist

Limited Tort vs. Full Tort: What’s the Real Difference?

Full tort coverage gives you unrestricted rights to sue for both economic and non-economic damages after a crash. While it’s more expensive, many Pennsylvania attorneys recommend it for the protection it offers.

According to the Pennsylvania Insurance Department, many drivers choose limited tort to save money, but aren't fully aware of what they’re giving up until it’s too late.

Real Example: Limited Tort Denial Case

In a 2023 case, a driver from Montgomery County attempted to sue for emotional trauma and chronic back pain following a minor collision. Her limited tort policy blocked the claim because her injuries did not meet the “serious injury” threshold. This illustrates how limited tort can affect recovery even when injuries are legitimate.

How to Check or Change Your Tort Selection

You can verify your current tort selection on your auto insurance declaration page. If you wish to switch to full tort, contact your insurance provider directly. Most allow changes at renewal time or upon request.

Should You Choose Full Tort Instead?

It depends on your risk tolerance and budget. If you want full access to legal rights and complete protection, full tort is usually the better long-term choice — especially for families or high-risk drivers.

Official Resources

• PA Insurance Department – Auto Coverage Options
• PennDOT Official Site
• PA.gov – Car Accident Guide

Conclusion

Limited tort coverage can save you money upfront, but may severely limit your legal options after a crash. Understanding its impact — and knowing the exceptions — is critical before choosing or renewing your policy.