Limited Tort vs. Full Tort in Pennsylvania: Did You Accidentally Give Up Your Right to Recover?

At Cooper Schall & Levy, we’ve represented countless clients across Pennsylvania whose lives changed in an instant because of a car crash or other motor vehicle accident. Over decades of advocating for injured victims, we’ve seen time and again how a simple choice at the time of purchasing an auto insurance policy — Limited Tort vs. Full Tort — can dramatically affect your rights down the road.

Here’s what you need to know:

What Is Full Tort?

Full Tort coverage preserves your full legal rights after a motor vehicle accident. With Full Tort, you can pursue compensation not only for economic losses (medical bills, lost wages, property damage) but also for non-economic damages — such as pain and suffering, emotional distress, loss of enjoyment of life, lasting impairment or disfigurement, and other intangible but real harms.

Full Tort offers the broadest path to recovery: if you’re injured due to someone else’s negligence, you don’t have to first prove “serious injury” before seeking full compensation. Because of this comprehensive protection, Full Tort policies generally cost more.

What Is Limited Tort?

Limited Tort is an option many drivers in Pennsylvania select — often because of reduced premiums. But with that lower cost comes a significant limitation: under Limited Tort you typically give up your right to recover non-economic damages (like pain and suffering), unless your injuries meet certain legal thresholds.

Under Limited Tort, compensation for non-economic damages is usually only available if:

  • you suffered a serious and permanent injury or significant loss of bodily function, or

  • you fall under certain statutory exceptions (for instance, if the at-fault driver was intoxicated or the collision involved a commercial vehicle, pedestrian, or motorcyclist).

Because insurance companies control much of the claims process, many Limited Tort claimants never realize how severely their recovery is restricted — until they try to press a claim.

Did You (or Someone You Love) Accidentally Limit Your Rights?

We’ve encountered many clients who were too late in realizing they chose Limited Tort — sometimes at purchase, sometimes at renewal — without a full understanding of what that meant.

Some red flags suggesting you may have inadvertently given up critical rights:

  • Your policy premium seemed unusually low compared to similar cars.

  • You were never properly advised about the differences between Tort options.

  • You’ve been injured and now face mounting medical bills — but your insurer or the at-fault party says you’re not eligible for pain and suffering or other non-economic compensation.

If this sounds like your situation, don’t assume you’re out of options.

Where Cooper Schall & Levy Can Help — Even With Limited Tort

Even if you selected Limited Tort, there may still be a path to compensation — especially with experienced legal help. At Cooper Schall & Levy, we:

  • Examine the details of your accident and injuries to assess whether they meet the “serious injury” standard under Pennsylvania law.

  • Determine whether any statutory exceptions apply (e.g. intoxicated or uninsured drivers, commercial vehicles, pedestrians, motorcyclists, etc.).

  • Fight aggressively against insurance companies that attempt to deny or undervalue claims.

  • Help you recover all damages you deserve — economic and non-economic — whether through negotiation or, if needed, through trial.

Your insurance choice doesn’t always have to be your permanent barrier.

Don’t Wait — Get a Free Policy & Case Review Today

If you’ve been involved in an accident, or you simply don’t remember whether your policy is Limited Tort or Full Tort, speak with us at Cooper Schall & Levy for a no-obligation consultation. We can review your policy, examine your injuries, and explain your rights — even if the insurance company is telling you otherwise.

Because when it comes to your recovery, full protection matters.