Limited Tort Exceptions

In Pennsylvania, you have the right to elect one two (2) types of automobile insurance; full tort or limited tort. While more expensive than the limited tort alternative, full tort coverage removes significant hurdles that would otherwise stand in the way of fair recovery. With full tort status, you have the statutory right to financial recovery for ANY injury and the resultant pain and suffering, loss of life’s pleasures and embarrassment and humiliation after a car accident. Full tort insurance offers the greatest protection when insurance companies that try to deny you fair compensation for your injury.

Many Pennsylvanians are led to believe that limited tort mean they cannot sue for “non-economic damages” (bodily injury causing pain and suffering, loss of life’s pleasures and embarrassment and humiliation. Fortunately, that is simply not true. Limited tort does NOT take away your right to sue. However, it does make it more difficult to win your case. In order to recover, you will not only have to prove that you suffered an injury, but that your injury constitutes a “serious impairment of a bodily function.” Once you’ve overcome that threshold, the limited tort plaintiff is held to the same standard a full tort victim.

Whether full tort or limited tort, you always have the right to sue for “economic damages” (medical expenses, lost earnings, damage to your vehicle). The difference between full and limited tort only applies to “non-economic damages”, otherwise known as i) pain and suffering, ii) loss of life’s pleasures and iii) embarrassment and humiliation. The more expensive full tort option places no restrictions whatsoever on the right to seek financial compensation for bodily injury. Limited tort, on the other hand, is less expensive. But by paying less for your premiums, you are limiting your right to monetary recovery for “serious” injuries only.

When buying car insurance In Pennsylvania, you have the choice to purchase either limited tort or full tort coverage. While less expensive, limited tort coverage can make your fight for compensation more difficult. With the cheaper limited tort option your right to recover money for pain and suffering is limited to only injuries that constitute a “serious impairment of a bodily function” injury. On the other hand, the costly full tort option has no limits on your right to recover.

Fortunately, however, Pennsylvania law carves out five (5) “exceptions” that automatically give you full tort rights even if you only paid for a limited tort insurance policy:

1.  THE DRUNK DRIVER EXCEPTION. If you’re hit by a driver who is convicted of or agrees to Alternative Rehabilitation Disposition (ARD) for DUI, you will be deemed full tort in any injury claim against the drunk driver.
2. THE OUT-OF-STATE VEHICLE EXCEPTION. If you’re hit by a vehicle registered in any state other than Pennsylvania, you can recover damages as if you elected full tort coverage.
3. THE COMMERCIAL VEHICLE EXCEPTION. If you are injured while driving, or a passenger in, a commercial vehicle (bus, taxi, rental car, etc.), you automatically retain full tort rights even if you have your own limited tort policy.
4. THE UNINSURED DEFENDANT EXCEPTION. If you’re injured by a driver who does not have any valid car insurance, you will be full tort for your pain and suffering claims against the uninsured defendant.
5. THE INTENTIONAL COLLISION EXCEPTION. If another driver hits you purposefully, intending to hurt you, you will have the unlimited right to recover pain and suffering money against him.