How Pennsylvania's Limited Tort Rule Affects Your Right to Sue After a Car Accident

Pennsylvania's limited tort election can strip your right to sue for pain and suffering after a car accident, even when the other driver was entirely at fault. Understanding how that election works, what exceptions exist, and what you can still recover is essential before you accept any settlement offer. 

What the Limited Tort Election Actually Is

Pennsylvania is one of a small number of states that gives drivers a choice when they purchase auto insurance. Under 75 Pa. Cons. Stat. Section 1705, drivers elect either full tort or limited tort coverage at the time of purchase, and that election travels with them into every accident they are involved in as a driver or passenger.

Full tort preserves the right to sue for non-economic damages, including pain and suffering, regardless of how serious the injury is. Limited tort provides lower premiums in exchange for giving up that right unless the injury meets a statutory threshold. Many people chose limited tort years ago to save money on premiums and have since forgotten that the election exists or what it means.

What Limited Tort Actually Restricts

Limited tort does not eliminate your right to sue entirely. You retain the right to sue for all economic damages regardless of which option you chose. Economic damages include medical expenses, rehabilitation costs, lost wages, and property damage. What limited tort restricts is recovery for non-economic damages, which include pain and suffering, emotional distress, loss of enjoyment of life, and similar categories.

For many serious injuries, non-economic damages represent the majority of the claim's value. A thoracic disc herniation, for example, may produce $30,000 in medical bills but cause months of pain and a permanent change in quality of life worth significantly more. Under limited tort, that second category is unavailable unless an exception applies.

The Serious Injury Exception: The Most Important Threshold

The most significant exception to limited tort is the serious injury threshold under 75 Pa. Cons. Stat. Section 1705(d). If your injury qualifies as a "serious injury," the limited tort restriction is lifted and you may recover non-economic damages as though you had full tort coverage.

Pennsylvania defines serious injury as a personal injury resulting in death, serious impairment of a body function, or permanent serious disfigurement. Courts have interpreted serious impairment of a body function to require a showing that the injury substantially affects the person's ability to lead their normal life. That is a factual inquiry, and it turns heavily on medical documentation, treatment records, and how the injury affects day-to-day activities.

Other Exceptions That Override the Limited Tort Election

Several additional situations override the limited tort election entirely:

The other driver was uninsured at the time of the accident, which restores full tort rights against that driver. The at-fault vehicle was a commercial vehicle or a vehicle registered outside Pennsylvania. The at-fault driver was convicted of driving under the influence. The injured person was a pedestrian or cyclist at the time of the accident. The accident resulted from intentional conduct by the at-fault party.

If any of these circumstances apply to your accident, the limited tort election may not bar your pain-and-suffering claim at all.

How to Determine Which Election Applies to You

Your tort election is recorded in your auto insurance policy documents. It is typically listed on the declarations page under the coverage elections section. If you were a passenger in another person's vehicle at the time of the accident, your own policy's election controls for claims against non-household members in most circumstances.

If you do not have a copy of your policy, your insurance agent can provide the declarations page. An attorney can also request this information as part of the initial case review.

Limited Tort vs. Full Tort: Recovery Comparison

Why the Election Is Often Overlooked After an Accident

Insurance companies rarely volunteer information about the limited tort election or its exceptions when you file a claim. Their adjusters know that a limited tort claimant who does not understand the serious injury threshold is likely to accept a lower offer than someone who knows their full rights. An attorney's first task in a limited tort case is to evaluate whether the injury meets the serious impairment threshold and which exceptions may apply.

Frequently Asked Questions

What is limited tort in Pennsylvania?

Limited tort is an auto insurance election under 75 Pa. Cons. Stat. Section 1705 that restricts the right to sue for pain and suffering after a car accident in exchange for lower premiums.

Can I still sue if I chose limited tort?

Yes, for all economic damages regardless of the election. For non-economic damages including pain and suffering, you must show your injury meets the serious injury threshold or that a statutory exception applies.

What counts as a serious injury under Pennsylvania law?

Under 75 Pa. Cons. Stat. Section 1705(d), a serious injury means death, serious impairment of a body function, or permanent serious disfigurement. Courts evaluate the impairment based on how significantly it affects the injured person's daily life.

Does limited tort apply if the other driver was drunk?

No. If the at-fault driver was convicted of DUI, the limited tort election does not bar your pain-and-suffering claim.

What if I was a passenger in the accident?

Your own policy's tort election generally controls for claims against non-household members. An attorney can help determine which election applies based on your specific circumstances.

Does limited tort apply if a commercial truck hit me?

No. When the at-fault vehicle is a commercial vehicle, the limited tort restriction is removed, and you may recover non-economic damages without meeting the serious injury threshold.

How do I find out whether I chose limited tort?

Check your auto insurance declarations page. The tort election is listed under your coverage options. If you do not have a copy, your insurance agent can provide it.

Speak With Our Team Today

If you are uncertain whether your limited tort election bars your pain-and-suffering claim, contact Edelstein Martin & Nelson, LLP for a free evaluation. Our team reviews the election, the exceptions, and the full scope of your recovery at no cost to you.

Last reviewed: July 2026

This post was reviewed by Lawren Nelson, licensed in Pennsylvania since 1996.

This content is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is different; contact a licensed Pennsylvania attorney to discuss the specific facts of your situation.