Pennsylvania Limited Tort vs Full Tort: What Each Option Means, the Serious Injury Exceptions and How the Choice Is Made
Riskado
Limited tort and full tort are the two lawsuit options every Pennsylvania auto policy offers under 75 Pa.C.S. § 1705 (opens in a new tab). Limited tort keeps your right to recover economic loss, such as medical bills and other out-of-pocket costs, but generally bars a claim for pain and suffering and other noneconomic loss unless the injury is serious or another exception in the statute applies. Full tort keeps an unrestricted right to seek both economic and noneconomic damages caused by another driver's fault. The choice can bind people in your household, carries forward through renewals and replacement policies, and changes only when the insurer receives a properly executed form.
Key takeaways
- Two optionsEvery Pennsylvania auto policy offers limited tort or full tort under section 1705 of Title 75 of the Pennsylvania Consolidated Statutes.
- Limited tortKeeps your right to recover economic loss, such as medical bills, but generally bars pain and suffering claims unless the injury is serious or another exception applies.
- Full tortKeeps an unrestricted right to seek both economic and noneconomic damages caused by another driver's fault.
- Who it bindsThe choice can bind people in your household and carries forward through renewals and replacement policies.
- Changing itThe election changes only when the insurer receives a properly executed form.
What limited tort keeps and what it restricts
The tort option is about your right to sue someone else after a crash. It is easiest to follow once you separate two kinds of loss.
Economic loss is money out of pocket: medical expenses, lost income, and similar costs. Noneconomic loss covers pain and suffering and other harm that does not come with a receipt.
Under § 1705(d) (opens in a new tab), a person bound by limited tort can still seek compensation for economic loss from the at-fault party. Unless the injury is a serious injury, that person is generally precluded from maintaining an action for noneconomic loss. The same subsection then lists exceptions that let a limited-tort person recover as if full tort had been chosen.
The trade is a lower premium in exchange for that restriction on pain-and-suffering claims, according to the Pennsylvania Insurance Department's Automobile Insurance Guide (opens in a new tab).
What full tort keeps
Under § 1705(c) (opens in a new tab), each person bound by a full tort election stays eligible to seek compensation for both economic and noneconomic loss caused by another person's fault. There is no serious-injury threshold to meet before asking for pain and suffering.
Full tort does not pay anything by itself. It preserves a right to pursue the at-fault party. Your medical benefits, uninsured motorist coverage, and underinsured motorist coverage are separate parts of the policy, covered further down.
Hover or tap a row to highlight it.
| Question | Limited tort | Full tort |
|---|---|---|
| Economic loss, such as medical bills and lost income | Can be sought from the at-fault party | Can be sought from the at-fault party |
| Noneconomic loss, such as pain and suffering | Generally barred unless the injury is serious or another exception applies | Can be sought without a serious-injury threshold |
| Premium | Lower; the Department says limited tort can save 40% on certain major coverage types | Higher than limited tort |
| If no election is returned | Not the default | The conclusive presumption after the required notices |
What counts as a serious injury in Pennsylvania
Pennsylvania defines a serious injury in 75 Pa.C.S. § 1702 (opens in a new tab) as:
> "A personal injury resulting in death, serious impairment of body function or permanent serious disfigurement."
That definition is the line limited tort draws. The statute supplies the wording; whether a specific injury meets it depends on the facts of that injury. If you are on limited tort and were hurt in a crash, a Pennsylvania attorney can tell you how the definition applies to your situation.
Which exceptions restore full tort rights?
Section 1705(d) (opens in a new tab) lists the situations where a person bound by limited tort may recover damages as if full tort had been elected:
Hover or tap a row to highlight it.
| Exception | What it covers |
|---|---|
| Serious injury | The injury meets the § 1702 (opens in a new tab) definition of serious injury. |
| DUI conviction or ARD | The at-fault person is convicted of, or accepts Accelerated Rehabilitative Disposition (ARD) for, driving under the influence of alcohol or a controlled substance in that accident. |
| Out-of-state vehicle | The at-fault person was operating a motor vehicle registered in another state. |
| Intentional injury | The at-fault person intended to injure himself or another person, subject to the statute's qualification about intentional acts and grave-risk conduct. |
| No financial responsibility | The at-fault person has not maintained the financial responsibility the law requires. |
| Vehicle defect | The claim is against a business that designs, manufactures, repairs, services, or maintains motor vehicles, arising from a qualifying vehicle defect. |
| Non-private-passenger vehicle | The injured person was riding in a motor vehicle other than a private passenger motor vehicle. |
The last row answers a common question about buses, commercial vehicles, and similar rides. If the injured person was an occupant of a vehicle that is not a private passenger vehicle, the limited-tort restriction does not apply to that claim.
Who in your household is bound by the choice?
The election reaches further than the person who signed it. Under § 1705(b) (opens in a new tab), a named insured's choice applies to every insured under the private passenger policy who is not a named insured on another private passenger auto policy.
Section 1705(f) (opens in a new tab) defines an insured to include:
- A spouse or other relative living in the named insured's household.
- A minor in the custody of the named insured or of a relative of the named insured.
If someone in your home has their own private passenger auto policy as a named insured, their own election governs instead. When more than one policy applies and the elections conflict, the person is generally bound by the policy on the vehicle they were riding in at the time of the accident, if they are an insured on that policy, and by full tort otherwise.
A person who does not own a vehicle and is neither a named insured nor an insured under any private passenger policy is not limited by any election and can pursue economic and noneconomic loss under ordinary tort law, under § 1705(b) (opens in a new tab).
How the tort election is made
The process is set out in § 1705(a) (opens in a new tab), and the details matter if you are filling out an application or wondering what you signed years ago.
Before issuing a private passenger auto liability policy, the insurer must give the applicant a standardized notice that describes both options. The notice shows the annual premium for basic coverage under limited tort and under full tort, and it must state that choosing limited tort requires signing and returning the election. A policy may not be issued until the applicant has had the chance to choose, under § 1705(a)(4) (opens in a new tab).
The statute also sets a timeline:
Hover or tap a row to highlight it.
| Step | Timing | Rule |
|---|---|---|
| Initial notice before first renewal | At least 45 days before the first renewal | § 1705(a)(1) (opens in a new tab) |
| Second and final notice | If no choice is indicated within 20 days | § 1705(a)(3) (opens in a new tab) |
| Default to full tort | If no response is received 10 days before renewal | § 1705(a)(3) (opens in a new tab) |
If no response arrives by that last point, the named insured and everyone bound by the election are conclusively presumed to have chosen full tort. Failing to sign does not land you in limited tort.
Your choice also cannot be held against you. Section 1705(e) (opens in a new tab) prohibits an insurer from canceling, refusing to write, or refusing to renew a policy because of the tort option you picked.
How much can limited tort change the premium?
Limited tort can save 40% on certain major coverage types, specifically bodily injury liability, uninsured motorist coverage, underinsured motorist coverage, and first-party benefits, according to the Pennsylvania Insurance Department's February 15, 2024 announcement (opens in a new tab).
Read that figure carefully. It applies to those listed coverage components, not necessarily to your entire policy, and it is not a fixed discount at every insurer for every driver. The clearest number for your situation is on the election notice itself, which must show the annual premium for basic coverage under both options. Reviewing limited-tort options with your agent or insurance company is the next step the Department's 2024 announcement suggests.
Is limited tort worth it?
That depends on how you weigh a lower premium against the right to claim pain and suffering, and on who in your household the choice would bind. That trade is the core of the decision in the Insurance Department's Automobile Insurance Guide (opens in a new tab), and these factors shape it:
- The two premiums shown on your notice, and how large the difference is in dollars.
- Every household member who would be bound, including spouses, resident relatives, and minors in your custody.
- Whether anyone in the home has a separate policy with its own election.
- How much keeping the right to seek noneconomic damages matters to you and your family.
- The statutory exceptions, which restore full tort rights in specific situations but not in every crash.
- How the choice affects pricing on first-party benefits and uninsured or underinsured motorist coverage.
There is no answer that fits every household. A licensed agent can show you both prices side by side and explain how each option applies to the people on your policy.
Can you change from limited tort to full tort?
Yes. Under § 1705(b)(1) (opens in a new tab), your election continues through later renewal policies, replacement policies, and other qualifying private passenger policies with the same insurer until the insurer or its authorized representative receives a properly executed form electing the other option.
The statute ties the change to that form but does not set one effective date that applies at every insurer in the middle of a policy term. Ask for the change in writing, then get the insurer's written effective date and a revised declarations page or election form. Keep copies of everything you sign. If you are thinking about switching after a crash, ask the insurer how the effective date of the change relates to the accident date, and talk to an attorney about the claim itself.
How tort choice relates to medical benefits, UM and UIM
The tort election governs your right to pursue damages from someone else. It is separate from the coverages that pay you directly.
Section 1702 (opens in a new tab) defines first-party benefits as medical, income-loss, accidental-death, and funeral benefits. Medical benefits pay medical bills for covered people regardless of fault, and uninsured and underinsured motorist coverages are optional, according to the Insurance Department's Automobile Insurance Guide (opens in a new tab).
Limited tort can lower the price of certain first-party, UM, and UIM coverage components, according to the Department's 2024 announcement (opens in a new tab). The election itself does not remove those coverages from your policy. Riskado's guides on Pennsylvania car insurance requirements and whether personal injury protection is worth it go further into those parts of a policy.
Questions to ask your agent
These questions follow the statutory notice and the Insurance Department's guidance:
- What is the annual premium for basic coverage under limited tort and under full tort?
- Which household members will my election bind?
- Does anyone in my household have their own private passenger auto policy?
- Which vehicles and policies will this election apply to?
- Which statutory exceptions could matter for the people on this policy?
- What economic-loss recovery stays available under limited tort?
- How are first-party benefits, UM, and UIM priced and documented on this policy?
- What form changes the election, and when would a change take effect?
- Will you send a revised declarations page or a copy of my signed election form?
- What is the insurer's complaint process?
- Are you licensed for this line of insurance?
Coverage adequacy, customer service, and complaint history are also worth comparing across more than one company, according to the Department's agent and company research page (opens in a new tab). Our page on the average cost of car insurance in Pennsylvania and Riskado's directory of insurance agencies, which lists agencies in every state including Pennsylvania by city and category, can help you start those comparisons.
Verifying an agent and filing a complaint
You can confirm a producer's license, the types of insurance they are authorized to sell, and the companies they are authorized with through the Department's Find and Research an Insurance Agent or Company (opens in a new tab) page and its search tool library (opens in a new tab).
To file a complaint or ask an insurance question, use the Pennsylvania Consumer Services Online Portal through the Department's complaint page (opens in a new tab), or call 1-877-881-6388.
Check what you know about limited tort and full tort
Frequently asked questions
Can I still recover medical bills with limited tort?
Yes. Section 1705(d) (opens in a new tab) preserves the right to seek economic loss, which includes medical expenses, from the at-fault party. Your own first-party medical benefits also pay regardless of fault, subject to your policy limits.
Does a DUI by the other driver change my limited tort status?
It can. If the at-fault driver is convicted of DUI, or accepts ARD for DUI, in that accident, you may recover as if you had full tort under § 1705(d) (opens in a new tab).
What if the driver who hit me had no insurance?
If the at-fault person did not maintain the financial responsibility Pennsylvania requires, that is one of the listed exceptions, and a limited-tort person may recover as if full tort applied. Uninsured motorist coverage, if you carry it, is a separate source of payment.
Can my insurer drop me for choosing limited tort or full tort?
No. Section 1705(e) (opens in a new tab) prohibits cancellation, refusal to write, or refusal to renew based on the tort election.
Does the choice follow me or my car?
It follows the policy and the people it covers. Your election carries to renewal and replacement policies with the same insurer, and binds qualifying household members who are not named insureds on another private passenger policy.
A note on legal questions
The rules above reflect 75 Pa.C.S. §§ 1702 (opens in a new tab) and 1705 (opens in a new tab) and the Pennsylvania Insurance Department's materials as of October 2, 2026. They explain how the options work; they are not legal advice about a specific crash or injury. For a claim already in progress, a Pennsylvania attorney can apply the serious-injury definition and the exceptions to your facts, and for choosing or changing your election, your insurer or a licensed agent can show you the exact forms and prices for your household.
Terms used in this guide
Tap a term to see what it means.
Limited tort. The option that keeps economic-loss claims but generally bars noneconomic-loss claims unless an injury is serious or another exception applies.
Full tort. The option that keeps an unrestricted right to seek economic and noneconomic damages caused by another person's fault.
Economic loss. Money out of pocket, such as medical expenses and lost income.
Noneconomic loss. Pain and suffering and other harm that does not come with a receipt.
Serious injury. A personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.
Named insured. The person named on the policy whose tort election binds qualifying household members.
ARD. Accelerated Rehabilitative Disposition, a program that, when accepted for DUI in the accident, triggers a limited-tort exception.
First-party benefits. Medical, income-loss, accidental-death and funeral benefits paid under your own policy.
