Full Tort vs. Limited Tort in Pennsylvania: What Drivers in Wilkes-Barre & Luzerne County Need to Know

When purchasing car insurance in Pennsylvania, you must choose between Full Tort and Limited Tort coverage. This choice can dramatically impact your rights if you're injured in a car accident — including whether you can recover compensation for pain and suffering.

At Sklarosky Law, many clients from Wilkes-Barre, Kingston, Hazleton, Pittston, Nanticoke, and throughout Northeastern PA don't realize the consequences of choosing limited tort until it's too late. Understanding the difference upfront is essential to protecting your financial and legal future.

What Is the Difference Between Full Tort and Limited Tort?

Full Tort Coverage

Choosing full tort coverage gives you the right to pursue all available damages after a car accident.
This includes economic damages (medical bills, lost wages, and property damage) and non-economic damages such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Full tort policyholders can bring a lawsuit against an at-fault driver without restriction.

Limited Tort Coverage

With limited tort, you agree to forfeit your right to recover for pain and suffering unless certain exceptions apply.
While limited tort may reduce your monthly premium slightly, it can severely limit your compensation after an accident — sometimes leaving you responsible for significant out-of-pocket costs.

Many Pennsylvania drivers select limited tort to save money, only to later discover that those savings were not worth the lost legal rights.
That's why our office strongly recommends full tort coverage.

Exceptions to Limited Tort Coverage in Pennsylvania

Pennsylvania's Motor Vehicle Financial Responsibility Law (MVFRL) includes several exceptions that allow a limited tort policyholder to recover as if they had full tort coverage. These are found in 75 Pa.C.S. § 1705(d) and include the following:

1. The At-Fault Driver Was Drunk or on Drugs

If the driver who caused the accident was convicted of DUI or entered the Accelerated Rehabilitative Disposition (ARD) program, the limited tort restriction does not apply.
This allows the injured person to pursue full compensation for pain and suffering.

2. The At-Fault Driver Was Uninsured

If the other driver did not have valid auto insurance, limited tort does not apply.
Per §1705(d)(1)(iv), an injured person may file a claim under their own uninsured motorist (UM) coverage and recover as if they had full tort protection.

3. The At-Fault Vehicle Was Registered Out of State

If the vehicle that caused the accident was registered in another state, you are automatically treated as though you have full tort coverage, regardless of your policy choice.

4. You Were a Passenger in a Commercial Vehicle or Motorcycle

Passengers in commercial vehicles, such as taxis, buses, Uber or Lyft rides, or rental vehicles, are not bound by limited tort.
The same is true for motorcyclists and their passengers because motorcycles are not considered “private passenger vehicles” under Pennsylvania law.

5. You Were a Pedestrian or Cyclist

If you were a pedestrian or bicyclist hit by a car, limited tort does not apply.
Even if your own insurance policy carries limited tort, you can still pursue a claim for pain and suffering.

6. You Sustained a “Serious Injury”

The most frequently used exception is the “serious injury” exception, defined under the MVFRL as an injury resulting in:

• Death
• Serious impairment of a bodily function
• Permanent serious disfigurement

Courts determine “serious injury” based on how much the injury impacts daily life and bodily function—not just the diagnosis itself.
There is no requirement that the injury be permanent, but proving seriousness is the burden of the injured person and often requires legal and medical evidence.

Why Full Tort Coverage Is Worth It

While limited tort may save a few dollars each month, the financial and emotional consequences after a serious car accident can be devastating.
Full tort ensures that your legal rights remain protected and that you can seek the maximum compensation for all your damages — not just medical bills or lost income.

At Sklarosky Law, we've seen firsthand how limited tort can prevent victims from receiving the justice they deserve.

Our advice to Pennsylvania drivers is simple: choose full tort coverage whenever possible.

Injured in a Car Accident in Luzerne County? Contact Sklarosky Law.

If you or a loved one were injured in a car accident in Wilkes-Barre, Plains Township, Kingston, Pittston, Hazleton, Nanticoke, or anywhere in Northeastern Pennsylvania, and you're unsure whether your insurance limits your rights, we can help.

At Sklarosky Law, we will:

• Review your policy
• Determine whether a limited tort exception applies
• Fight to secure full compensation for your injuries

Call Sklarosky Law today at (570) 283-1200 or use our online contact form to tell us about your potential case.
We'll review your policy, determine if an exception applies, and fight to help you recover the compensation you deserve.