What Is Tort On My Auto Policy?

Justin Sonon • August 20, 2025

Learn about your auto insurance tort coverage

woman driving a luxury car with leather seats
Full Tort vs. Limited Tort: What’s the Difference and Where Is It Offered?

When shopping for auto insurance, you’ll come across many coverage options that affect how protected you are after an accident. One of the most important—and often misunderstood—choices is whether to select full tort or limited tort coverage. This option doesn’t exist in every state, but in places where it does, your decision can significantly affect your legal rights and potential compensation after a crash.

What Is Full Tort?

Full tort coverage gives you unrestricted rights to sue the at-fault driver for both economic damages (like medical bills, lost wages, and property damage) and non-economic damages (such as pain and suffering).

Pros: Maximum protection of your legal rights. If you’re seriously injured, you can seek compensation not only for your financial losses but also for the emotional and physical toll.
Cons: It usually costs more in insurance premiums.

Full tort provides broader legal options, but you’ll pay extra premium for that peace of mind.

What Is Limited Tort?

Limited tort coverage is a cost-saving option that reduces your premium but limits your ability to sue for non-economic damages. Under limited tort, you can generally recover only economic damages—unless your injuries meet the state’s definition of “serious injury” (often something like permanent disfigurement, loss of a body function, or death).

Pros: Lower insurance premium, which can save you money upfront.
Cons: In many cases, you can’t seek compensation for pain and suffering, even if the accident wasn’t your fault.

This option works well for drivers who want to save money and are comfortable with a more limited right to sue.

Which States Offer Full and Limited Tort Options?

Not every state gives you this choice. Currently, Pennsylvania is the most notable state that offers drivers the ability to choose between full tort and limited tort on their auto insurance policies.

Other states with similar systems include:

New Jersey – Drivers can choose between “limited right to sue” and “unlimited right to sue.”
Kentucky – Offers a similar tort option under its “choice no-fault” laws, where drivers can reject limitations on lawsuits.

Most states operate under either traditional tort systems (full right to sue) or no-fault systems (lawsuits restricted unless serious injury thresholds are met). But Pennsylvania, New Jersey, and Kentucky stand out for giving drivers a clear, upfront choice between limited and full tort.

Which Option Is Right for You?

The right choice depends on your priorities:

If keeping costs low is your main concern, limited tort may make sense.
If protecting your legal rights and ensuring maximum compensation after an accident is important, full tort is usually the better choice.

Since the cost difference can vary depending on your insurer and location, it’s a good idea to request quotes for both options and weigh the savings against the potential risk.  Schedule a call or virtual meeting with us for assistance with your auto insurance.

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