Is Pennsylvania a no-fault state?

It is a choice no-fault state. Every liability policy includes a $5,000 medical benefit, and you choose between full tort and limited tort, which limits your right to sue for pain and suffering (75 Pa.C.S. 1705 and 1711).

What happens if I never chose a tort option?

You are conclusively presumed to have chosen full tort and are charged the full tort premium (75 Pa.C.S. 1705(a)(3)).

What is limited tort in Pennsylvania?

You may recover economic loss, but not noneconomic loss such as pain and suffering unless you have a serious injury (death, serious impairment of body function or permanent serious disfigurement) or an exception applies (75 Pa.C.S. 1705(d) and 1702).

Can my insurer take back first party benefits from my lawsuit?

No. There is no right of subrogation or reimbursement from your tort recovery for first party benefits, and you cannot recover in tort the amounts those benefits paid or will pay (75 Pa.C.S. 1720 and 1722).

How long do I have to sue?

Two years for injuries to the person (42 Pa.C.S. 5524), and contributory negligence bars recovery only if it is greater than the defendants' causal negligence (42 Pa.C.S. 7102).

Pennsylvania No-Fault / Limited Tort Threshold Calculator

Pennsylvania gives you a $5,000 medical benefit regardless of fault and lets you choose full tort or limited tort; if you chose limited tort you can sue for pain and suffering only with a serious injury or one of the exceptions, and if you never chose, you have full tort. Enter your coverage, losses and tort option to see what your benefits pay and what you may still claim.

Cited to 75 Pa.C.S. 1705, 1711, 1715 and 1722 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Estimate your benefits and tort option

Enter your coverage, losses, tort option and fault.

Accident-related medical expenses

Medical benefit limit on your policy (the required minimum is $5,000)

Gross income you lost per month because of the injury

Months you were unable to work

Income loss coverage on your policy: monthly limit (enter 0 if you did not buy it)

Income loss coverage on your policy: maximum total benefit (0 if none or unlimited)

Losses already paid or payable by workers' compensation or another benefits arrangement that section 1722 covers

Which tort option applies to you?

If limited tort applies: do you have a serious injury or an exception?

Noneconomic damages (pain and suffering) you would claim if you may sue (your own figure)

Your own percentage of negligence, if any (0 if none; more than 50 bars your claim)

Estimated result

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Estimate pain and suffering →

Pennsylvania gives you a $5,000 medical benefit and lets you choose full tort or limited tort, which decides whether you can sue for pain and suffering

Pennsylvania's rules are in 75 Pa.C.S. 1705 (the tort options), 1711 and 1715 (the benefits) and 1722 (the preclusion rule). Fault is in 42 Pa.C.S. 7102 and the deadline in 5524.

Read what Pennsylvania first party benefits cover, how limited tort works, and how the full tort or limited tort choice is made. If the other driver has little insurance, see Pennsylvania UM/UIM stacking and Pennsylvania medical liens.

Injured in Pennsylvania?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Pennsylvania attorney

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Pennsylvania statutes. Confirm how these rules apply to your specific case with a licensed Pennsylvania attorney.

Pennsylvania No-Fault / Limited Tort Threshold Calculator

Estimate your benefits and tort option

Pennsylvania gives you a $5,000 medical benefit and lets you choose full tort or limited tort, which decides whether you can sue for pain and suffering

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