Limited Tort is an insurance option on car insurance policies issued in Pennsylvania. If you, or a member of your household, are hurt in a car accident and have selected the limited tort option on your car insurance, you will have limitations the money you can recover following an accident – even if it is not your fault. With the Limited Tort option, you are limited to recovering money for any economic losses, including medical expenses, lost wages, and other out-of-pocket losses, but you may not be able to recover for your pain and suffering.

What is the alternative to limited tort?

The alternative option is the Full Tort option. If you choose the Full Tort option on your insurance, you and members of your household have an unrestricted right to seek compensation for injuries caused by other drivers. This means that if you are in an accident, you can seek recovery for losses that are economic in nature, such as medical expenses, lost wages, property damage, and you can also recover for losses that are non-monetary in nature, such as your pain and suffering.

Here is a simple example:

Limited tort is a type of Pennsylvania automobile insurance coverage that can restrict your right to recover compensation for pain and suffering after a car accident. If you have Limited Tort on your insurance, the value of your case may be less.

If I have the Limited Tort option, does it mean that I don’t have a case?

No! Even if you have the Limited Tort option, there are several exceptions that would permit you to recover for your pain and suffering following a motor vehicle accident. See 75 Pa.C.S. §1705. The exceptions to the limited tort option include:

• If the person at fault is convicted or accepts ARD for driving under the influence of alcohol or drugs

• If the person at fault is operating a motor vehicle registered in another state

• If the person at fault intents to injure himself or another person

• If person at fault does not have insurance

• If you are injured while you are a pedestrian or on a bicycle

• If you are injured while you are the occupant of a vehicle that is not a private passenger motor vehicle, such as when you are on a motorcycle, public bus, taxi or ride-share like Uber or Lyft

• If you sustain a serious injury

What is a Serious Injury?

A serious injury is defined that results in death, serious impairment of body function or permanent serious disfigurement. See 75 Pa.C.S. §1702.

If you have the Limited Tort option and sustain a serious injury in a motor vehicle accident, you can seek recovery for all economic losses and non-economic losses – including your pain and suffering.

Determining whether an injury is serious under the law may be complicated and depend on many factors. You should consult with an attorney to determine if your injury meets the definition of a serious injury.

How do I know if I have the Limited Tort option?

The Declarations Page of your Pennsylvania auto insurance policy should list whether you have selected the Limited Tort option or Full Tort option. The Declarations Page lists the types and amounts of coverages that you purchased.

To choose the Limited Tort option or the Full Tort option, you will need to sign a very specific form. See 75 Pa.C.S. §1705(a)(1). Even if you chose the Limited Tort option, if your insurance company cannot produce the signed form, you may be entitled to the Full Tort option.

It is important to note that if you don’t have your own auto insurance policy, you may be bound by the tort option that was selected by someone else. Under Pennsylvania law, the tort option selected by the named insured person on a policy (typically the purchaser of the policy) applies to all persons identified as an insured person under the policy, as well as all persons residing in the named insured’s household, or minor children in their custody. See 75 Pa.C.S. §1705(b)(2) and 75 Pa.C.S. 1702. An example of this is that children are typically bound by the tort option selected on their parents’ auto insurance policy.

If more than one auto insurance policy applies to a person involved in an accident, and the policies have different tort options, the person is generally subject to the tort option on the policy covering the vehicle they were in at the time of the accident. See 75 Pa.C.S. §1705(b)(2).

Why is your tort option important in a Pennsylvania auto accident case?

• The Limited Tort affects the value of your case - A person injured in a crash who has the Limited Tort Option may be unable to recover damages for pain, suffering, inconvenience, and loss of life's pleasures unless an exception applies. These are often valuable components of a case.

• Limited Tort can limit what you are able to recover from an accident – If you have the Limited Tort option, you can only recover for your economic losses due to an accident, such as medical expenses, lost wages, property damage, and other out-of-pocket expense - but not for your pain and suffering.

• Your tort selection it is often one of the first issues an attorney will evaluate - In Pennsylvania automobile accident cases, determining whether a person selected limited tort or full tort is one of the first issues attorneys investigate because it can significantly affect the course, and value, of the case.

• The Limited Tort option provides the at-fault person with a defense – It is the defendant’s responsibility to raise, and prove, that you have Limited Tort as a defense in a motor vehicle accident case. If successful, the defendant will not be responsible for your pain and suffering and other non-monetary losses.

The information in this article is for general informational purposes only and is not legal advice. Accessing this information does not create an attorney-client relationship. You should consult an attorney regarding your specific situation.