When purchasing auto insurance in Pennsylvania, one of the most important choices you’ll make is whether to select full tort or limited tort coverage. This decision can significantly affect your legal rights if you’re ever injured in a car accident.
At Gieg & Jancula, a trusted personal injury law firm based in Altoona, PA, we’ve seen firsthand how this choice can impact your ability to seek compensation. Many drivers don’t fully understand what these options mean until it’s too late, and that confusion can cost them thousands in lost damages.
In this article, we’ll break down the differences between full tort and limited tort, how each works under Pennsylvania law, and how your selection may affect a personal injury claim.
What Is the Tort Option in Pennsylvania?
Pennsylvania is a choice no-fault auto insurance state. That means drivers must choose between two types of tort coverage when purchasing insurance:
- Full Tort Coverage
- Limited Tort Coverage
These options dictate whether or not you can sue for non-economic damages, such as pain and suffering, after a car accident. While both options allow you to recover economic damages (like medical bills and lost wages), only full tort gives you unrestricted access to the full range of damages in a personal injury claim.
What Is Full Tort Coverage?
Full tort coverage allows you to maintain your full legal rights after a car accident in Pennsylvania. This means you can sue the at-fault driver for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
With full tort, it does not matter how severe or minor your injury is—you have the right to file a personal injury lawsuit and pursue compensation for all damages.
Pros of Full Tort Coverage:
- No restrictions on your ability to sue for non-economic damages
- Better protection in the event of serious or even minor injuries
- Higher potential compensation in personal injury cases
Cons of Full Tort Coverage:
- Typically results in slightly higher monthly premiums
- Not always explained clearly by insurance agents
Still, for many drivers, the small increase in premium is well worth the broader protection it provides.
What Is Limited Tort Coverage?
Limited tort coverage generally costs less in premiums, but it comes with a major tradeoff. If you are injured in an accident, you waive your right to sue for pain and suffering and other non-economic damages unless your injury qualifies as a “serious injury” under Pennsylvania law.
You can still recover economic damages, such as:
- Medical bills
- Lost income
- Property damage
But unless your injuries meet specific criteria, you cannot recover for:
- Pain and suffering
- Mental anguish
- Loss of life enjoyment
Pros of Limited Tort Coverage:
- Lower monthly premiums
- May be attractive to budget-conscious drivers
Cons of Limited Tort Coverage:
- Strict limits on your legal options
- You may be unable to fully recover after an accident
- Insurance companies may argue your injury does not meet the “serious injury” threshold
What Qualifies as a Serious Injury?
This is where many limited tort cases fall apart. To step outside the limitations of limited tort, your injury must be deemed serious under Pennsylvania law. The term is not clearly defined, which means insurance companies often dispute whether your injury qualifies.
Examples that may meet the serious injury threshold include:
- Broken bones
- Permanent disfigurement or scarring
- Long-term impairment or disability
- Loss of bodily function
- Injuries requiring surgery
Even then, insurers may challenge your claim, arguing your condition does not rise to the level of “serious.” This is one of the key reasons why working with a personal injury attorney like Gieg & Jancula is essential. We know how to prove the seriousness of an injury under Pennsylvania law and push back against bad-faith insurance tactics.
Common Misconceptions About Limited Tort
Many Pennsylvania drivers select limited tort to save money without understanding the consequences. Here are some common myths:
Myth 1: Limited Tort Doesn’t Affect Me If the Other Driver Was At Fault
Reality: Even if the accident wasn’t your fault, limited tort still applies. Your ability to sue for pain and suffering is restricted regardless of who caused the crash.
Myth 2: I Can Always Switch to Full Tort Later
Reality: You can only change your coverage at renewal unless you change insurance providers. If you’re injured before making the change, you’re stuck with limited tort.
Myth 3: All Injuries Qualify as Serious
Reality: Insurance companies frequently argue that injuries are minor or temporary. You may face an uphill battle proving that your injuries meet the threshold.
Exceptions That Allow Limited Tort Policyholders to Sue
There are a few important exceptions where even limited tort policyholders may still pursue non-economic damages in Pennsylvania. These include:
- Injury caused by a drunk driver
- The at-fault driver was operating a vehicle registered out of state
- The injured person was a pedestrian or cyclist
- The injured person was riding in a commercial vehicle (e.g., bus, taxi)
- The at-fault driver was uninsured
If any of these exceptions apply, you may still be able to recover compensation for pain and suffering, even with limited tort coverage.
Why Full Tort Is Often the Better Choice
We understand that every driver must weigh cost and protection when choosing an insurance policy. However, as personal injury attorneys who have helped many accident victims in Altoona and surrounding communities, we strongly recommend full tort coverage for most drivers.
Why? Because you cannot predict the severity of your injuries. What seems like a minor injury at the scene of a crash can later become chronic, debilitating pain that affects your work, your family, and your quality of life.
Having full tort coverage means you don’t have to fight just to be heard. You retain the right to pursue the full value of your claim without needing to prove that your injuries meet a vague and restrictive threshold.
Real-Life Example: How Tort Selection Can Impact Your Case
Consider two Altoona residents injured in separate car accidents. Both suffer neck and back injuries that require physical therapy, time off work, and pain management.
- Driver A has full tort coverage. They file a lawsuit, recover compensation for medical bills, lost wages, and an additional settlement for pain and suffering.
- Driver B has limited tort coverage. The insurance company agrees to cover medical bills but argues the injuries aren’t “serious,” denying compensation for pain and suffering.
Despite similar injuries, Driver B receives far less compensation simply because of the coverage they chose.
Can a Personal Injury Lawyer Help If I Have Limited Tort?
Yes. At Gieg & Jancula, we have successfully represented clients with limited tort coverage by:
- Proving that injuries qualify as serious under Pennsylvania law
- Identifying exceptions that allow a claim to proceed
- Challenging the insurance company’s denial of non-economic damages
We evaluate every case individually to determine the best strategy to pursue maximum compensation.
FAQs About Tort Options in Pennsylvania
Can I change my tort selection after an accident?
No. You can only change your tort option at your policy renewal. It’s important to review your policy regularly.
Does full tort cost significantly more?
In most cases, full tort adds a modest amount to your premium, but the additional protection can be worth thousands if you’re injured.
If I am injured as a pedestrian, does limited tort still apply?
No. If you are injured as a pedestrian, you may qualify for an exception and still be able to sue for non-economic damages.
Contact Gieg & Jancula: Altoona Car Accident Lawyers Who Fight for You
If you’ve been injured in a car accident, your insurance selection can dramatically affect your ability to recover full compensation. Whether you have full tort or limited tort coverage, Gieg & Jancula is here to help.
We represent car accident victims across Altoona and throughout Blair County. Our team understands the ins and outs of Pennsylvania’s tort laws and works tirelessly to maximize our clients’ claims.
Call us today at 814-946-1606 or fill out our online form for a free consultation. Let us fight for your rights—and help you get the compensation you deserve.