“Limited tort” is a coverage option available in certain states that allows drivers to pay a lower auto insurance premium in exchange for limiting their legal right to seek compensation for certain non-economic damages after an accident. Non-economic damages may include pain and suffering, emotional distress, or loss of enjoyment of life. Drivers who choose limited tort accept these legal limitations while still maintaining the financial coverages included in their auto insurance policy. Understanding what limited tort is can help drivers make a more informed decision when comparing available coverage options.
How does limited tort work?
In states that offer a no-fault tort option, drivers may choose between limited tort and full tort coverage when purchasing an auto insurance policy. By selecting limited tort, drivers generally give up the right to sue for pain and suffering after most accidents.
However, this does not affect a driver's ability to recover economic damages such as medical expenses, lost wages, or vehicle repair costs when those damages are available under applicable insurance coverage or state law. Instead, limited tort primarily affects claims involving non-economic damages.
Drivers may still be able to pursue compensation for pain and suffering if the injuries meet certain legal exceptions, such as serious or permanent injuries. The specific injury thresholds and qualifying exceptions vary by state, and the applicable rules depend on where the vehicle is registered and insured.
Limited tort versus full tort
When comparing limited tort versus full tort, drivers in eligible states may be offered two different options:
- Limited tort: May offer a lower premium but limits the right to sue for pain and suffering except in qualifying serious injury cases.
- Full tort: Preserves the right to seek compensation for pain and suffering after an accident regardless of injury severity, though it may come with a higher premium.
According to the National Association of Insurance Commissioners, states generally follow either a tort system, a no-fault system, or a variation of both. The insurance options available to drivers depend on the legal system used in the state where the vehicle is registered and insured.
Which states offer a tort choice?
Only a small number of states allow drivers to choose between limited tort and full tort coverage. One of the better-known examples is Pennsylvania limited tort, where drivers select their preferred option when purchasing auto insurance.
Because this decision may affect a driver's legal rights after an accident, it is important to review the choices available with an insurance agent before selecting a policy. If you would like to learn more about how different insurance systems work, visit the Infinity Insurance Agency, Inc. (IIA) Knowledge Center to read about no-fault insurance coverage.
Find affordable auto insurance options
Choosing between limited tort and full tort is only one part of finding the right auto insurance policy. IIA works with more than 20 trusted insurance carriers to help drivers compare coverage options that fit their needs and budget. Our Spanish-bilingual agents are available to answer your questions, and many of the insurance carriers we represent offer flexible payment options. Several of these carriers also accept alternate forms of identification, including a matrícula consular and foreign driver's licenses, making it easier for more drivers to explore their coverage options.
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