Full Tort vs. Limited Tort Auto Insurance: The Ultimate Guide to Protecting Your Rights & Payout

When you’re shopping for auto insurance, it’s easy to focus on the basics—liability coverage, collision protection, and deductibles. But if you live in a tort state like Pennsylvania or New Jersey, one decision could dramatically affect your legal rights and financial compensation in the event of an accident: full tort vs. limited tort auto insurance.

Understanding this choice isn’t just about saving money—it’s about knowing whether you’ll be able to sue for pain and suffering after a crash or walk away with limited options. In this comprehensive guide, we’ll break down what full tort and limited tort insurance actually mean, how they affect your claim potential, and which one might be best for you.

What Is Full Tort Insurance?

Full tort auto insurance gives you the unrestricted legal right to sue for non-economic damages—including pain and suffering, emotional distress, and loss of enjoyment of life—after an accident, even if your injuries are considered minor. With full tort, you maintain full access to legal rights and compensation in the event of a personal injury lawsuit.

Key Benefits of Full Tort:

• You can sue for both economic damages (medical bills, lost wages) and non-economic damages.
• No threshold of “serious injury” is required to pursue a settlement.
• It provides the broadest legal protection for drivers and passengers.

Full tort insurance is especially helpful when an accident causes soft tissue injuries, whiplash, or psychological trauma that may not appear severe but still significantly impact your life.

What Is Limited Tort Insurance?

Limited tort auto insurance, on the other hand, limits your ability to sue for non-economic damages unless your injury meets the state’s definition of a serious injury—usually something permanent, disfiguring, or life-altering.

Limited Tort Meaning in Practice:

• You can always recover economic damages like medical expenses or lost wages.
• You cannot pursue compensation for pain and suffering unless your injuries qualify under specific limited tort exceptions.
• The legal definition of “serious injury” varies by state but often includes broken bones, long-term disabilities, or fatalities.

While limited tort insurance typically comes with lower premiums (around 15–20% cheaper), it can cost you significantly more if you're in an accident and suffer non-catastrophic injuries.

Full Tort vs. Limited Tort: The Key Differences

Still unsure? Let’s explore common questions people have about these tort options in car insurance.

Cost Comparison: Is Full Tort Worth the Extra Money?

For most drivers, the cost difference between full and limited tort ranges between $100 to $300 annually, depending on your driving history, vehicle, and insurance provider. While limited tort insurance can seem appealing for its premium savings, the potential loss in compensation if you’re injured may outweigh the savings.

🔎 According to the Pennsylvania Insurance Department, full tort coverage typically costs 15% to 20% more than limited tort.

If you want the freedom to pursue full compensation regardless of the severity of your injuries, full tort is usually worth the cost—especially if you drive frequently or have passengers often.

When to Choose Full Tort Auto Insurance

Who should choose full tort?

• Drivers with children or elderly passengers
• Anyone with a long commute or high-mileage driving habits
• People who want the peace of mind of full legal rights
• High-risk professions (delivery drivers, rideshare operators)

How to change tort option on your car insurance:

1. Contact your insurance provider.
2. Request a policy change to full or limited tort.
3. Confirm pricing and effective date.
4. Review updated declarations page.

Can You Sue with Limited Tort?

In general, limited tort restricts your ability to sue, but there are exceptions. You can still file for non-economic damages under these conditions:

Limited Tort Exceptions List:

• The at-fault driver was driving under the influence (DUI)
• You were pedestrian hit by a limited tort driver
• The accident involved a commercial vehicle
• You suffered a serious injury (as defined by law)
• The other driver was uninsured or underinsured

Knowing these exceptions to limited tort can make or break your claim.

Common Myths and Misconceptions

Let’s bust a few myths:

Myth: Limited tort means no lawsuit.
Truth: You can still sue for economic damages, and in some cases, non-economic ones too.

Myth: Full tort is the same as full coverage.
Truth: Full tort refers to your legal rights, while full coverage refers to insurance policy types like liability, collision, and comprehensive.

Myth: Limited tort won’t cover medical bills.
Truth: Your personal injury protection (PIP) or bodily injury liability coverage will still help with medical expenses.

Real-World Scenarios

Scenario 1: Minor Whiplash Injury

• With Full Tort: You can sue for pain, suffering, and lost enjoyment of life.
• With Limited Tort: You can recover medical costs, but likely nothing for pain unless injury is classified as “serious.”

Scenario 2: Pedestrian Hit by Car

• If you have limited tort but are a pedestrian hit by a driver, you may still be able to pursue non-economic damages under the exceptions list.

Scenario 3: Commercial Vehicle Accident

• Limited tort coverage typically allows exceptions for commercial vehicle accidents, letting you seek full compensation.

Geographic Spotlight: PA and NJ

In Pennsylvania, the full tort vs. limited tort distinction is a key part of state law. The Pennsylvania Motor Vehicle Financial Responsibility Law allows residents to choose between these tort options.

In New Jersey, similar choices exist through the “Limitation on Lawsuit” threshold, which mirrors limited tort.

If you live in PA or NJ, your tort selection is legally binding until you update it, so make your decision carefully—and review it during every policy renewal.

Why Your Choice Matters

A car insurance tort option isn’t something to brush off during sign-up. Choosing limited tort might seem like a budget win now, but it can severely limit your legal rights and payout later.

If you value peace of mind, fair compensation, and the ability to recover emotionally and financially after an accident, full tort auto insurance is likely the better investment.

Final Thoughts: Protect Yourself Before the Crash

Whether you're a cautious commuter or a weekend road tripper, your choice between full tort vs. limited tort can change your financial future in an instant. Don’t just look at your monthly premium—consider what you’re really paying for: the right to be made whole after a collision.

Want help comparing policies or understanding how tort liability insurance fits into your auto insurance? Noble Quote is here to help. Our team can guide you through coverage options, including legal protections that make sense Noble Quote Learning Center to learn more.