Pennsylvania Full Tort vs. Limited Tort: How the Choice Works

By the FigureMyTax Editorial Team · How we calculate

Pennsylvania insurers must notify each named insured of two options, full tort and limited tort. If the named insured does not choose after two notices, he or she is conclusively presumed to have chosen full tort, and an owner of a registered private passenger vehicle without financial responsibility is deemed to have chosen limited tort.

The notice

75 Pa.C.S. 1705(a) requires insurers to give each named insured a standardized notice, at least 45 days before the first renewal on or after July 1, 1990, describing both options. Under limited tort you may recover all medical and out-of-pocket expenses but not pain and suffering or other nonmonetary damages unless the injury is a serious injury or an exception applies; under full tort you keep the unrestricted right to seek both. Both notices state the annual premium for each option.

The default

If the named insured does not respond within 20 days, the insurer sends a second and final notice. If there is still no response ten days before renewal, the named insured and those he or she may bind are conclusively presumed to have chosen full tort and are charged the full tort premium. Anyone bound by the election is precluded from claiming they were inadequately informed.

Who can choose

Where a policy has two or more named insureds, any named insured may make the election for all named insureds. The option continues in all renewals and replacement policies until the insurer receives a properly executed form electing the other option.

Uninsured owners

An owner of a currently registered private passenger motor vehicle who does not have financial responsibility is deemed to have chosen limited tort.

Why it matters

The option decides whether you can claim pain and suffering without a serious injury. See how limited tort works and what the first party benefits pay.

Using the calculator

Compare both options for your injury in the Pennsylvania calculator. For deadlines, see Pennsylvania statute of limitations.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Pennsylvania's rules apply to your specific case with a licensed Pennsylvania attorney.