Full Tort vs. Limited Tort Car Insurance
Limited tort saves on premium by giving up your right to sue for pain and suffering after most injuries. Full tort keeps that right for any injury.
Choose full tort if you could be badly hurt by soft-tissue or 'invisible' injuries (back, neck, concussion) that don't clearly meet a serious-injury threshold, if you drive a lot, or if you have family members on your policy. That's most drivers. Limited tort can make sense only if money is tight and you accept that, for most crash injuries, you'll recover medical bills and lost wages but no pain and suffering. The choice exists in 'choice no-fault' states such as Pennsylvania, New Jersey and Kentucky. Learn how thresholds work in tort threshold, see the state list in the no-fault vs at-fault states hub, and understand what your own PIP still pays in personal injury protection.
| Key Dimension | Full Tort | Limited Tort |
|---|---|---|
| Right to Sue for Pain and Suffering | Yes, for any injury caused by another driver. | Only if the injury meets the legal threshold. In Pennsylvania that's death, serious impairment of body function or permanent serious disfigurement (75 Pa.C.S. §1702). |
| Why It Matters: Most crash injuries, such as whiplash, sprains and many concussions, don't clearly meet a serious-injury threshold. Limited tort often means no pain-and-suffering compensation at all. New York applies a similar verbal threshold to every driver. See New York no-fault insurance. | ||
| Economic Damages (Bills and Wages) | Fully recoverable from the at-fault driver beyond your own benefits. | Still recoverable. Limited tort only restricts non-economic damages. |
| Why It Matters: Limited tort doesn't stop you being paid for medical bills or lost income. It removes compensation for pain, suffering and loss of enjoyment of life. Your own PIP still pays first in Pennsylvania, whichever tort option you choose. Compare it with PIP vs MedPay. | ||
| Premium | Higher. | Lower. The savings vary by insurer and driver. |
| Why It Matters: Ask for both quotes side by side. The yearly saving is often small compared with a single pain-and-suffering settlement. Model the trade-off with the car insurance calculator. | ||
| Exceptions (When Limited Tort Doesn't Apply) | Not applicable. You always keep full rights. | In Pennsylvania, limited tort generally doesn't restrict you if the at-fault driver was convicted of DUI, was uninsured, or was driving a vehicle registered in another state, or if you were hurt as a pedestrian or cyclist, among other exceptions (PA tort guide). |
| Why It Matters: The exceptions help, but you can't count on them. Most crashes involve sober, insured, local drivers. | ||
| Who It Applies To | You and household members covered by your policy. | You and household members covered by your policy, including children. |
| Why It Matters: Choosing limited tort to save money also limits your kids' and spouse's rights if they're hurt as passengers. | ||
| Default If You Don't Choose | In Pennsylvania, full tort applies if no election is made. | Must be actively selected on the tort election form. |
| Why It Matters: Check the signed election form in your policy file. Many drivers ticked limited tort without realising. | ||
Use our open-source actuarial calculators to simulate deductibles, out-of-pocket exposure, and multi-policy trade-offs.
Frequently Asked Questions: Full Tort vs. Limited Tort Car Insurance
Direct answers to trade-offs, actuarial differences, and decision criteria.