Photo: dfirecop, CC BY-SA 2.0, via Wikimedia Commons
Every Pennsylvania car insurance policy makes you choose between limited tort and full tort. Limited tort is cheaper but restricts your right to sue for pain and suffering after a crash; full tort keeps that right. This guide is for new Pennsylvania drivers and parents adding a teen. It explains the choice in plain terms, lists the required minimum coverages and covers what to do after a crash, as of November 2026.
Key facts
- Required in Pennsylvania: $5,000 medical benefits, $15,000 / $30,000 bodily injury liability and $5,000 property damage liability, according to the Pennsylvania Insurance Department.
- Limited tort: you can still recover medical and other out-of-pocket costs, but not pain and suffering unless the injury is a “serious injury” or another legal exception applies.
- Full tort: unrestricted right to sue the at-fault driver, including for pain and suffering. It costs more.
- No choice made = full tort. State law says you are treated as having chosen full tort unless you sign for limited tort.
- The choice covers your household, including minors in your custody, unless they are named on their own policy.
Limited vs full tort in Pennsylvania: what each one means
| Limited tort | Full tort | |
|---|---|---|
| Medical bills and out-of-pocket costs from the at-fault driver | Yes | Yes |
| Pain and suffering (non-economic loss) | Only for a serious injury or another exception in the law | Yes, for any injury |
| Premium | Lower (the Insurance Department calls the savings “significant”) | Higher |
| How you get it | You must sign to elect it | The default if you don’t sign for limited tort |
What counts as a “serious injury”?
Pennsylvania law (75 Pa.C.S. section 1702) defines it as a personal injury resulting in death, serious impairment of body function, or permanent serious disfigurement. Whether an injury meets that bar is decided case by case, which is why limited tort can be hard to predict.
When limited tort drivers keep full rights anyway
Under 75 Pa.C.S. section 1705, someone on limited tort can recover as if they had full tort when the at-fault driver:
- is convicted of, or accepts ARD for, DUI in that crash
- is driving a vehicle registered in another state
- intended to injure themselves or someone else
- did not carry the required insurance (with a limit on uninsured motorist claims in section 1731)
Limited tort drivers also keep full rights against businesses that design, make, repair or service vehicles for a defect, and when injured as an occupant of a vehicle that is not a private passenger vehicle, such as a bus.
Who your tort choice applies to
This is the part families miss. The election made by the named insured applies to every “insured” on the policy who is not a named insured on another policy. The law defines an insured as someone living in your household who is:
- your spouse or another relative, or
- a minor in your custody or a relative’s custody
So if parents choose limited tort, a teen driver or passenger living with them is usually bound by it too. With two or more named insureds, any one of them can make the election for all of them. The choice carries over to renewals and replacement policies with the same insurer until you sign the other option.
Edge cases
- Two policies with different choices: you are bound by the policy for the vehicle you were in at the time of the crash, if you are insured on it, and by full tort otherwise.
- No car and no policy: someone who doesn’t own a registered car and isn’t insured under any policy keeps full rights to sue.
- Uninsured owners: the owner of a registered car without insurance is treated as having chosen limited tort.
Pennsylvania minimum coverage and common add-ons
| Coverage | Required? | Minimum or note |
|---|---|---|
| Medical benefits | Yes | $5,000, pays your and covered people’s medical bills whoever caused the crash |
| Bodily injury liability | Yes | $15,000 per person / $30,000 per accident |
| Property damage liability | Yes | $5,000 (or a $35,000 combined single limit from some companies) |
| Uninsured / underinsured motorist | Optional | Covers injuries, not property. Stacked unless you reject stacking |
| Collision | Optional | A $500 deductible applies unless you ask for lower. Lenders usually require it |
| Comprehensive | Optional | Theft, fire, flood, vandalism, hitting an animal |
| Income loss, funeral benefit, extraordinary medical | Optional | Extraordinary medical pays costs over $100,000, up to $1.1 million |
The Insurance Department stresses there is no such thing as a “full coverage” policy. Pennsylvania’s minimums are among the lowest in the country: compare them in minimum car insurance by state.
Teen driver considerations in Pennsylvania
- Some insurers want the teen added at the learner’s permit stage, according to the Insurance Department. Ask yours before the first practice drive. More: adding a teen driver to car insurance.
- Driving out of state on a permit? PennDOT’s manual says to check with your insurer and the other state that your learner’s permit is valid there.
- Ask about discounts for good grades and completed driver education, which the Insurance Department says many companies offer.
- Your tort choice binds the teen. If you pick limited tort to save money, your teen’s right to claim pain and suffering is limited too.
- Junior license rules still apply. See Pennsylvania junior license rules and the point system and underage drinking rules.
What to do after a crash in Pennsylvania
- Stop at or near the scene. Move off the road if you can.
- Call the police if anyone is hurt or killed, or if any vehicle needs to be towed.
- Swap details: names, addresses, phone numbers, registration numbers, insurance companies and policy numbers. Get witness names too.
- Hit a parked car or property? Stop and try to find the owner. If you can’t, leave a note with the date, time, your name and phone number, and call the police.
- Report form: if the police don’t investigate and someone was injured or killed, or a vehicle had to be towed, send a Driver’s Accident Report Form (AA-600) to PennDOT within five days.
- Record it: the Insurance Department suggests noting the date, time and place, the other cars’ year, make and model, and the officer’s name and report number, and taking photos.
- Call your insurer on the number on your insurance card.
By law, an insurer has 10 working days to acknowledge your claim (unless it pays within that time) and must finish investigating within 30 days unless that isn’t reasonably possible, in which case it must explain the delay every 45 days. Full national steps: what to do after a car crash in the US.
Driving without insurance in Pennsylvania
PennDOT’s manual says that if your vehicle was uninsured for 31 days or longer, your registration is suspended for three months, and if you drove or let someone drive it uninsured, your license is suspended for three months as well. To restore them you need proof of current insurance and the restoration fees. Insurers report cancellations to PennDOT, and Pennsylvania law does not require a grace period for late premium payments.
Common questions
Is limited tort worth it for a new driver?
It saves money but restricts claims for pain and suffering for everyone in your household on the policy. Ask your insurer for quotes under both options so you can see the actual price difference before deciding.
What happens if I never return the tort form?
You are treated as having chosen full tort and are charged the full tort premium. Insurers must send a second notice if you don’t answer within 20 days.
Can I change from limited to full tort later?
Yes. Your choice stays in force until your insurer receives a signed form electing the other option.
Does limited tort stop me claiming my hospital bills?
No. You can still recover medical and other out-of-pocket expenses. Limited tort only restricts non-economic damages such as pain and suffering.
Can an insurer refuse me because I picked full or limited tort?
No. Section 1705 bars insurers from cancelling, refusing to write or refusing to renew a policy based on the tort option.
Is my out-of-state teen at college covered by my tort choice?
The law applies the choice to relatives who reside in your household. Where a student counts as living is a question for your insurer.
Back to the full route: learning to drive in Pennsylvania.
Sources
- Pennsylvania Insurance Department, “Auto Insurance” and “Auto Insurance Guide” (pa.gov)
- Pennsylvania General Assembly, “75 Pa.C.S. section 1705, Election of tort options” and “section 1702, Definitions” (palegis.us)
- Pennsylvania Department of Transportation, “Pennsylvania Driver’s Manual (PUB 95)”, Chapters 1 and 4 (pa.gov)