When you bought car insurance in Pennsylvania, you had to pick between “full tort” and “limited tort.” Many people pick limited tort because it costs less. Most never think about that choice again until they’re hurt in a crash.

If you have limited tort and were injured in an accident, you may think you can’t get compensation for your pain and suffering. That isn’t always true. There are several important exceptions, and they can make a big difference in your case.

What’s the Difference Between Full Tort and Limited Tort?

The difference comes down to what you can be paid for if someone else causes your injuries.

• Full tort: You can seek payment for all of your losses. That includes medical bills and lost wages, plus pain and suffering, emotional distress, and the ways your injuries affect your daily life.
• Limited tort: You pay a lower premium. You can still seek payment for medical bills, lost wages, and other out-of-pocket costs. But in most cases, you can’t seek payment for pain and suffering unless your injury is serious or another exception applies.

Your choice usually also applies to family members who live with you, such as your spouse and children, unless they have their own car insurance policy.

Not sure which one you have? Check your policy’s declarations page or call your insurance company. If you never returned the form choosing an option, Pennsylvania law generally treats you as having full tort.

Exception 1: You Suffered a Serious Injury

If your injury is serious, limited tort doesn’t stop you from seeking pain and suffering damages. Under Pennsylvania law, a serious injury is one that causes death, serious impairment of a body function, or permanent serious disfigurement.

In most cases, the question is whether the injury seriously affected the way your body works. The focus is less on the name of your diagnosis and more on how the injury changed your life. Could you work? Could you take care of yourself and your family? Could you do the things you normally do?

A few things are worth knowing:

• It doesn’t have to be permanent. An injury can count as serious even if you eventually recover.
• A jury often decides. In many cases, this is a question for a jury, not something the insurance company gets to decide.
• Your records matter. Getting consistent medical care, following your doctors’ advice, and keeping track of how your injuries limit your daily life can all help show how serious your injury is.

Other Exceptions That Can Restore Your Full Tort Rights

Even if your injury isn’t considered serious, you may still be treated as if you had full tort if the driver who caused the crash:

• Was convicted of DUI for that crash, or entered Pennsylvania’s first-time DUI offender program (known as ARD).
• Was driving a car registered in another state.
• Didn’t have the car insurance Pennsylvania requires.
• Meant to hurt someone.

Limited tort also may not apply if:

• A defect in the car caused your injuries, and your claim is against a company that made, repaired, or serviced the vehicle.
• You were riding in something other than an everyday personal vehicle, such as a bus, a taxi, or another vehicle that carries passengers for pay.

Some of these exceptions apply only to certain claims. For example, an exception may let you seek full compensation from the driver who hit you, but not from your own insurance company. That’s one more reason to have a lawyer look at your situation.

Pedestrians and Rideshare Passengers

Two groups of people often have more rights than they realize:

• Pedestrians: If you were hit by a car while walking, your limited tort choice generally doesn’t limit your claim. Many attorneys believe the same is true for people hit while riding a bicycle, although it can depend on the facts.
• Rideshare passengers: Limited tort is tied to everyday personal vehicles. A car carrying paying passengers, like an Uber or Lyft, is generally treated differently. So if you were hurt as a rideshare passenger, you generally keep full tort rights, even if you chose limited tort on your own policy.

Rideshare crashes also raise their own insurance questions, because coverage can depend on whether the driver was using the app at the time. You can learn more on our Rideshare Accidents page.

Thinking About Changing Your Tort Option?

Choosing between full tort and limited tort comes down to a lower premium versus more legal rights. You can switch by contacting your insurance company, but the change applies only going forward. It won’t change the rules for a crash that already happened.

If you’re not sure which option is right for you and your family, review your policy and ask your insurance agent about the price difference.

Don’t Assume You Have No Case

If you were hurt in a car accident, your tort choice is only part of the story. A serious injury, one of the exceptions above, or being a pedestrian or rideshare passenger may allow you to seek pain and suffering damages, even with limited tort. Don’t rely on the insurance company to tell you what your claim is worth.

Pennsylvania has strict deadlines for filing injury claims, so it’s important to act quickly. Wood Legal offers a free case review, and we handle personal injury cases on a contingency basis, so there’s no upfront cost to you. Contact Wood Legal today to talk about your accident and your options.