Limited Tort Lawyer
Pennsylvania's limited tort election limits pain-and-suffering claims after a car accident unless your injury meets a legal exception. We prove those exceptions and fight for full compensation.
Pennsylvania is a "choice no-fault" state: when you buy or renew a car insurance policy, you must elect either full tort or limited tort coverage. Limited tort costs less, but it comes with a real tradeoff — after a crash, you generally cannot sue for pain and suffering or other non-economic damages unless your injury meets one of the law's exceptions. Insurance companies know this, and they use a limited tort election to deny or lowball claims that would otherwise be worth far more.
The exceptions matter more than most drivers realize. Pennsylvania law allows a limited tort claimant to still recover full damages if the injury is "serious" — meaning a serious impairment of a body function, permanent disfigurement, or death — or if certain facts apply to the other driver, such as driving under the influence, being uninsured, or driving a vehicle registered out of state. Passengers, pedestrians and bicyclists are sometimes treated differently than the insured driver, and the analysis is fact-specific to your policy and your crash.
We have spent decades building the medical and factual record needed to prove a "serious injury" exception holds up against an insurance company that has every incentive to argue otherwise. If you were told you "can't sue" because you have limited tort, that is often an insurer's opening position, not the final word — bring us your policy and your medical records and let us tell you where you actually stand.
How we help
- Free review of your policy's tort election
- Proving the "serious injury" exception
- Identifying statutory exceptions that restore full tort rights
- Handling the insurance company directly so you don't have to
- No fee unless we recover compensation for you
Frequently asked questions
What does "limited tort" mean on my Pennsylvania auto insurance?
Pennsylvania requires every auto policy to elect either "full tort" or "limited tort." Limited tort costs less but restricts your right to sue for pain and suffering and other non-economic damages after a crash unless your injury meets a legal exception. It does not limit your claim for medical bills or lost wages — those remain fully recoverable either way.
Can I still recover pain and suffering if I only have limited tort coverage?
Often, yes. Pennsylvania law carves out exceptions — for example, a "serious injury" (a serious impairment of a body function, or permanent disfigurement), a crash caused by a drunk driver, an at-fault driver from out of state, or an intentional act. Insurers routinely dispute whether an injury qualifies as "serious," which is where documentation and legal representation make the difference.
Does my limited tort election still apply if I was a pedestrian or bicyclist?
It depends on the facts of the crash and your own policy, and this is one of the areas insurers most often get wrong or dispute. Bring your policy declarations page and the police report to a free consultation and we'll tell you where you stand.
How do I find out whether my policy is full tort or limited tort?
Check the declarations page of your auto policy, or call your agent or insurer and ask directly. If you are not sure, bring the policy — or just your insurer's name and policy number — to a free consultation and we will review it for you.
Talk to a lawyer about your limited tort lawyer case
Consultations are free and confidential. No recovery, no fee.
This page is general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. See our full disclaimer.