Full Tort vs. Limited Tort in Pennsylvania: Which Should You Choose?

Published by Prominent Insurance Services on August 14, 2026 in Auto Insurance.

Pennsylvania drivers must choose full tort or limited tort on every auto policy. Learn what each option means, the exceptions to limited tort, and how the choice affects your rights after an accident.

Quick answer: In Pennsylvania, full tort preserves your unrestricted right to sue an at-fault driver for pain and suffering after any accident. Limited tort reduces your premium but generally gives up that right unless your injuries are "serious" or another exception applies. The lower premium is real — but so is the right you are trading away, and many drivers select limited tort without realizing what it means.

Pennsylvania Is a Choice No-Fault State

Pennsylvania requires every auto policy to include a tort selection. The state's minimum liability limits are 15/30/5 — $15,000 bodily injury per person, $30,000 per accident, and $5,000 property damage — plus $5,000 in first-party medical benefits that pay your own medical bills regardless of fault. On top of those requirements, you must choose between two tort options.

What Full Tort Means

With full tort, you keep the unrestricted right to sue an at-fault driver for all damages, including non-economic damages like pain and suffering, regardless of how severe your injuries are. You pay a higher premium for this option, but your legal rights after an accident are not limited.

What Limited Tort Means

With limited tort, you accept a restriction: you can still recover economic damages — medical bills, lost wages, out-of-pocket costs — but you generally cannot sue for pain and suffering unless your injury qualifies as a "serious injury" under Pennsylvania law, meaning death, serious impairment of a body function, or permanent serious disfigurement.

Whether an injury meets that threshold is often disputed and can end up decided by a court. That uncertainty is the hidden cost of limited tort: after a real accident, you may face a legal fight just to establish your right to full compensation.

Exceptions: When Limited Tort Does Not Limit You

Even if you selected limited tort, Pennsylvania law treats you as full tort in several situations, including when:

  • The at-fault driver is convicted of (or accepts ARD for) driving under the influence
  • The at-fault vehicle is registered in another state
  • You are injured as a pedestrian or bicyclist
  • You are injured while occupying a commercial vehicle
  • The at-fault driver has no insurance

    • These exceptions matter, but they are narrow. Most ordinary two-car accidents between insured Pennsylvania drivers do not trigger any of them.

    How to Decide

    Limited tort typically reduces the premium on the injury-related portions of your policy, and for some budget-constrained households that savings is meaningful. But consider what you are giving up relative to what you save:

  • Choose full tort if you want certainty about your rights after a serious accident, you have dependents who ride in your vehicle, or the premium difference is modest for your household.
  • Consider limited tort only if you have compared the actual dollar savings on your specific policy and you understand that pain-and-suffering recovery will usually be off the table.

    • One more note: your tort selection generally applies to household members insured under your policy, so the choice affects your family, not just you.

    Review Your Selection — It May Not Be What You Think

    Many Pennsylvania drivers carry limited tort because it was the default on a quote they accepted years ago. Your tort option is printed on your policy's declarations page. If you are not sure which you have, that is worth five minutes to check — and you can change your selection at renewal.

    This guide is educational and is not legal advice or a coverage recommendation; consult your policy and a licensed professional about your specific situation. For a personalized review of your Pennsylvania auto coverage, [schedule a free strategy session](/strategy-session) or call 302-351-3368. See also our [Pennsylvania insurance overview](/insurance-pennsylvania) and [auto insurance page](/auto-insurance).

    Explore Prominent Insurance Services