Full Tort vs. Limited Tort Car Insurance: What's the Difference?

Full tort and limited tort car insurance differ in one critical way: your legal right to sue for non-economic damages like pain and suffering. Pennsylvania, New Jersey and Kentucky are the only states that require drivers to choose between full and limited tort when buying auto coverage. Full tort costs more but gives you unrestricted access to the civil court system after any injury. Limited tort lowers your premium but blocks most lawsuits for non-economic damages unless your injury meets a legal threshold. In every other state, your ability to sue after an accident is governed by whether your state uses an at-fault or no-fault insurance system.

Full tort car insurance gives drivers the unrestricted right to sue another driver for damages after a car accident, including compensation for pain and suffering. You can pursue a lawsuit for any injury, regardless of how minor, without needing to meet any legal injury threshold. Full tort is available only in Pennsylvania, New Jersey and Kentucky, where state law requires insurers to offer drivers a tort choice at the time of purchase.

Full tort policies cost more because they expose insurers to greater legal liability. In Pennsylvania, full tort premiums run about 15% higher than limited tort, according to state insurance filings. Drivers who want maximum legal flexibility pay that premium difference in exchange for retaining full access to the civil court system after any accident.

Limited tort car insurance restricts your right to sue for non-economic damages after an accident. You can still file a claim against the at-fault driver's liability insurance to recover medical bills and lost wages, but you cannot pursue a lawsuit for pain and suffering unless your injuries meet a state-defined legal threshold.

In Pennsylvania, limited tort policyholders must prove a "serious injury" to sue for pain and suffering, defined by statute as death, serious impairment of a body function, or permanent serious disfigurement. In New Jersey, the threshold requires a "significant" injury. Courts evaluate these claims based on physician documentation, which means meeting the threshold is not automatic even with a genuine injury.

Limited tort premiums are lower because they reduce the pool of eligible lawsuits. Drivers choosing this option typically save $50 to $200 per year depending on the insurer and driver profile. Drivers with strong health insurance coverage and limited road exposure may find the tradeoff reasonable, but those who are injured and don't meet the threshold lose their right to sue for non-economic losses entirely.

The table below compares full tort and limited tort across the factors that matter most to drivers in Pennsylvania, Kentucky and New Jersey.

After a car accident in Kentucky, Pennsylvania or New Jersey, full tort and limited tort policyholders follow the same initial steps: report the accident, file a claim and seek medical treatment. The difference appears when you try to recover non-economic damages like pain and suffering.

With full tort coverage, you can pursue both economic and non-economic damages against the at-fault driver without clearing any legal threshold. You file a claim against the at-fault driver's liability policy for medical bills, lost wages and property damage. If that coverage is exhausted or disputed, you can sue in civil court for pain and suffering, emotional distress and other non-economic losses. An attorney can take your case regardless of injury severity.

With limited tort coverage, economic damages remain fully recoverable through the at-fault driver's liability policy. But when it comes to pain and suffering, you hit a legal barrier unless your injury meets your state's threshold. If your injury qualifies, you can sue, but you'll need physician documentation and possibly expert testimony to prove eligibility. This process adds time, cost and legal uncertainty to your claim compared to the straightforward path available under full tort.

The full tort vs. limited tort choice applies only in Pennsylvania and New Jersey. Drivers in every other state are governed by either an at-fault or a no-fault car insurance system, which determines how injury claims are filed and whether you can pursue a lawsuit after a crash.

The table below lists every state and Washington, D.C., with its auto insurance liability system. "Choice" states give drivers options around fault or lawsuit rights.

The full tort vs. limited tort decision applies only to Pennsylvania, New Jersey and Kentucky drivers. If you're in any other state, your lawsuit rights are determined by your state's at-fault or no-fault system and this option won't appear on your policy.

Full tort is the stronger legal choice. You keep every right to sue after an accident without any threshold requirement, and at roughly 15% more per year in Pennsylvania, the premium difference is modest compared to the legal protection it preserves. Tort selection can't be changed retroactively after an accident.

Limited tort makes sense for drivers with strong health insurance, low road exposure or tight budgets where the annual savings matter. The tradeoff is real: If your injury doesn't meet the legal threshold, you lose the right to sue for pain and suffering regardless of severity.