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Limited Tort vs. Full Tort in PA: Why Full Tort is Better

Auto insurance is a crucial aspect of vehicle ownership, offering financial protection in the event of an accident. In Pennsylvania, drivers are faced with an important choice when selecting their auto insurance policy: full tort or limited tort. This decision can significantly impact your rights and financial well-being if you’re ever involved in a car accident. Understanding the differences between these options and recognizing the benefits of full tort coverage can help you make an informed choice that best protects you and your loved ones.


What is Full Tort Coverage?

Full tort coverage is an auto insurance option that allows policyholders to retain their unrestricted rights to sue for pain and suffering, and other non-economic damages, following an accident. This means that if you are injured in a car accident, you can pursue a lawsuit for compensation beyond just your out-of-pocket medical expenses and lost wages.

Understanding Limited Tort Coverage

Limited tort coverage, on the other hand, restricts your ability to sue for non-economic damages such as pain and suffering. While it typically offers a lower premium, this option can significantly limit your legal recourse after an accident. Under limited tort, you can only sue for pain and suffering in very specific circumstances, such as if the injury is deemed “serious” or the other driver was convicted of DUI.

Key Differences Between Full and Limited Tort

The primary difference between full and limited tort policies lies in your legal rights after an accident:

  • Full Tort: Allows you to sue for pain and suffering without restrictions.
  • Limited Tort: Restricts your ability to sue for non-economic damages unless specific conditions are met.

Why Full Tort Coverage is the Better Choice

When choosing between full and limited tort coverage, the immediate savings on premiums with limited tort can be tempting. However, there are several compelling reasons why full tort coverage is the better choice for most drivers in Pennsylvania.

Comprehensive Legal Protection

One of the most significant advantages of full tort coverage is the comprehensive legal protection it provides. In the event of an accident, the ability to seek compensation for pain and suffering can be crucial for your financial recovery. Medical bills and lost wages only represent part of the potential impact of an accident; the pain, emotional distress, and reduced quality of life can have long-lasting effects that deserve compensation.

Flexibility in Legal Recourse

Full tort coverage offers you the flexibility to pursue legal action without the stringent limitations imposed by limited tort policies. This means that regardless of the severity of your injuries, you have the right to seek full compensation for all damages incurred. This flexibility can be particularly important in cases where injuries may not immediately appear severe but have long-term consequences.

Peace of Mind

Opting for full tort coverage provides peace of mind knowing that you have the most extensive protection available. In the stressful aftermath of an accident, knowing that your insurance policy will allow you to pursue fair compensation for all damages can alleviate some of the emotional and financial strain.

Higher Settlements

With full tort coverage, the potential for higher settlements is significantly increased. Insurance companies are more likely to offer fair settlements when they know that the policyholder has the right to sue for full damages. This can lead to quicker and more favorable outcomes without the need for prolonged legal battles.

Real-Life Scenarios: Full Tort vs. Limited Tort

To illustrate the differences and benefits of full tort coverage, consider the following real-life scenarios:

  1. Minor Accident with Soft Tissue Injuries
    • Full Tort: Even if the injuries are minor, you can still sue for pain and suffering, ensuring you are compensated for any discomfort and inconvenience caused.
    • Limited Tort: You may be unable to sue for non-economic damages, leaving you without compensation for your pain and suffering.
  2. Serious Accident with Long-Term Injuries
    • Full Tort: You have the unrestricted right to sue for comprehensive damages, including long-term pain and suffering, emotional distress, and reduced quality of life.
    • Limited Tort: You must meet the “serious injury” threshold, which can be a challenging and subjective criterion, potentially limiting your compensation.

Cost Considerations and Misconceptions

While full tort coverage typically comes with higher premiums, it’s important to weigh this cost against the potential financial losses you could face with limited tort coverage. Many drivers underestimate the long-term impact of an accident, focusing solely on the immediate cost savings of lower premiums.

The True Cost of Limited Tort

The savings on premiums with limited tort can be quickly overshadowed by the financial and emotional costs of being unable to pursue full compensation after an accident. Medical expenses, lost wages, and pain and suffering can add up to substantial amounts that far exceed the initial premium savings.

Investment in Full Protection

Choosing full tort coverage is an investment in your long-term protection and financial stability. The slightly higher premiums provide you with the security of knowing you have comprehensive coverage in the event of an accident, ensuring you are not left facing significant out-of-pocket expenses and uncompensated damages.

How to Choose the Right Coverage

Selecting the right auto insurance coverage involves careful consideration of your individual needs, financial situation, and risk tolerance. Here are some steps to help you make an informed decision:

  1. Assess Your Risk

    Consider your driving habits, the areas you frequently travel, and your overall risk of being involved in an accident. If you drive often or in high-traffic areas, the risk of an accident may be higher, making full tort coverage a more prudent choice.

  2. Evaluate Your Financial Situation

    While full tort coverage has higher premiums, it’s important to consider the potential financial impact of an accident. Evaluate whether the short-term savings of limited tort are worth the long-term financial risks.

  3. Consult with an Insurance Professional

    Speak with an insurance agent or broker to fully understand the differences between full and limited tort coverage. An experienced professional can provide personalized advice based on your specific circumstances.

  4. Consider Future Implications

    Think about the potential long-term effects of an accident on your life and finances. Full tort coverage offers greater protection and peace of mind, ensuring you are adequately compensated for all damages.

Making the Switch to Full Tort Coverage

If you currently have limited tort coverage and are considering switching to full tort, the process is straightforward. Contact your insurance provider to discuss your options and any potential changes to your premium. Keep in mind that the additional cost is an investment in your protection and peace of mind.

FAQs

What is the main difference between full tort and limited tort coverage?

The main difference is that full tort coverage allows you to sue for pain and suffering and other non-economic damages without restrictions, while limited tort coverage restricts your ability to sue for such damages unless specific conditions are met.

Is full tort coverage more expensive than limited tort coverage?

Yes, full tort coverage generally comes with higher premiums compared to limited tort coverage. However, the additional cost provides more comprehensive legal protection and greater peace of mind.

Can I switch from limited tort to full tort coverage at any time?

Yes, you can switch from limited tort to full tort coverage at any time by contacting your insurance provider. There may be an adjustment to your premium, but the added protection is often worth the cost.

What are non-economic damages?

Non-economic damages refer to compensation for pain and suffering, emotional distress, loss of companionship, and other subjective, non-monetary losses resulting from an accident.

In what scenarios can I sue for pain and suffering under limited tort coverage?

Under limited tort coverage, you can typically only sue for pain and suffering if your injuries are deemed “serious” as defined by Pennsylvania law, or if the other driver was convicted of DUI in the accident.

Is full tort coverage worth the higher premium?

For many drivers, the added protection and peace of mind provided by full tort coverage outweigh the higher premium. It ensures you have the right to seek full compensation for all damages in the event of an accident, offering greater financial security.


Choosing between full and limited tort auto policies in Pennsylvania is a critical decision that can have long-lasting implications on your financial well-being and legal rights. While limited tort coverage may offer immediate cost savings, the comprehensive protection and peace of mind provided by full tort coverage make it the superior choice for most drivers. By opting for full tort, you ensure that you have the right to pursue full compensation for all damages, providing you with the financial and emotional support you may need after an accident.

Tom Ciccotta is an associate attorney at Maniaci, Ciccotta, and Schweizer. In addition to his work with physically injured clients, Mr. Ciccotta has been advocating on behalf of victims of sexual abuse since the beginning of his career. He takes special care to ensure that his clients feel supported throughout the process of their case. Mr. Ciccotta has also studied at New York University's Tisch School of the Arts and The Juilliard School.