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Full tort insurance is one of the most consequential checkboxes on a car insurance application, and most drivers select it without reading a word. In three states — Pennsylvania, New Jersey, and Kentucky — you must choose a “tort option” when you buy a policy. That single choice decides whether you can sue an at-fault driver for pain and suffering after a crash.
Choosing full tort insurance preserves that right in every situation. Choosing limited tort trades it away for a lower premium, typically saving 10% to 20% per year. For example, a driver paying $1,800 annually might save roughly $180 to $360. However, that savings can cost tens of thousands of dollars after a serious injury.
What Full Tort Insurance Actually Buys You
Damages after a crash fall into two buckets. Economic damages cover measurable losses: medical bills, lost wages, and property damage. Non-economic damages cover pain, suffering, emotional distress, disfigurement, and loss of life’s enjoyment. Both tort options let you recover economic damages. The difference is entirely about the second bucket.
With full tort insurance, you can sue a negligent driver for non-economic damages regardless of how severe your injuries are. A whiplash injury, a herniated disc, or six months of physical therapy all qualify. With limited tort, you cannot pursue those damages unless your injury clears a legal threshold. In most cases, that threshold requires a “serious injury” — death, serious impairment of a body function, or permanent serious disfigurement.
That phrase is not defined by a number. Juries and judges decide it case by case. As a result, limited tort claimants often spend months litigating whether they are even allowed to sue before anyone discusses the value of the claim. Insurers know this. Non-economic damages frequently make up the majority of an injury settlement, so limited tort claims settle for far less.
How the Three Choice States Handle Full Tort Insurance
Pennsylvania created the modern tort election under its Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1705. Pennsylvania’s default is full tort. If you sign nothing, you get full tort insurance automatically. New Jersey and Kentucky work in reverse — silence defaults you into the restricted option. Kentucky’s threshold is more concrete than most: $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or death.
New Jersey calls the same concept the “limitation on lawsuit” or “verbal threshold” option, with the full-tort equivalent labeled “unlimited right to sue.” New Jersey’s Basic Policy includes only the limited right to sue. Its 2026 minimum liability limits rose to $35,000 per person, $70,000 per accident, and $25,000 in property damage.
| State | Default option | Threshold standard | Typical premium gap |
|---|---|---|---|
| Pennsylvania | Full tort | Serious injury (undefined by statute) | Full tort costs ~15% more |
| New Jersey | Limited right to sue | Six statutory injury categories | Unlimited right to sue costs more |
| Kentucky | No-fault (limited) | $1,000 medical, fracture, permanent injury | Varies by carrier |
Every other state either uses a pure at-fault system or a no-fault system with a fixed threshold. Drivers there never make this election. Typically, if you move into one of these three states, you make the choice at your first policy purchase.
The Exceptions That Rescue Limited Tort Drivers
Limited tort is not absolute. Pennsylvania law lists several exceptions that restore your right to sue for pain and suffering even without full tort insurance. Understanding them helps you judge the real size of the gamble.
You keep full tort rights if the at-fault driver is convicted of DUI, if that driver’s vehicle is registered in another state, if the driver intended to cause harm, or if the driver is uninsured. You also keep them if you were injured as an occupant of a vehicle other than a private passenger car — a bus, a taxi, or a commercial truck, for example. Pedestrians and cyclists struck by a car are generally not bound by the limited tort election either.
However, these exceptions do not cover the most common crash scenario. A rear-end collision by a sober, insured, in-state driver in a family sedan is exactly the case where limited tort bites hardest. In most cases, that is the crash you will actually have.
How to Check and Change Your Tort Election
Start by pulling your declarations page. Look for a line reading “Tort Option,” “Tort Selection,” or in New Jersey, “Right to Sue.” It will say Full Tort or Limited Tort. If you cannot find it, call your agent and ask them to read it to you. Do not assume — many drivers who believe they bought full tort insurance discover otherwise only after a crash.
Next, ask for a written quote both ways on the same coverage limits. Insurers will provide this in minutes. Compare the annual difference in dollars, not percentages. If full tort insurance adds $22 a month, weigh that against a claim that might otherwise settle for $8,000 instead of $60,000.
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Then review who else the election covers. In Pennsylvania, your tort choice binds your spouse and any relatives living in your household who do not have their own policy. A limited tort election therefore silently applies to your teenage driver and any household member. Changing it is simple. You can switch to full tort insurance mid-policy in most cases, though the change is not retroactive — it applies only to crashes occurring after the effective date. Get written confirmation of the new effective date and keep it with your records.
Finally, look at the coverages that matter alongside your tort choice. Uninsured and underinsured motorist coverage, stacked if available, protects you when the other driver has minimal limits. Pennsylvania requires at least $5,000 in medical benefits, which is exhausted quickly by one ambulance ride and an MRI. Higher first-party medical limits reduce how much you depend on suing anyone at all. For more on state requirements, the Insurance Information Institute’s no-fault overview explains how each system works.
Frequently Asked Questions
How much more does full tort insurance cost?
Most carriers charge roughly 10% to 20% more for full tort than for limited tort. For example, that is often $15 to $30 per month, or about $180 to $360 per year. However, the exact figure varies by insurer, vehicle, and driving record, so always request both quotes.
Can I still recover my medical bills with limited tort?
Yes. Limited tort restricts only non-economic damages such as pain and suffering. You can still recover medical expenses, lost wages, out-of-pocket costs, and vehicle repair costs. Typically, those economic damages are paid first through your own PIP or medical benefits coverage.
Which states require a tort choice?
Only Pennsylvania, New Jersey, and Kentucky require drivers to elect a tort option. Pennsylvania defaults to full tort insurance if you do not sign a limited tort waiver. New Jersey and Kentucky default to the restricted option, so drivers there must affirmatively opt up.
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Official Sources & Resources
For verified information on auto insurance regulations and consumer protection:
- NAIC (National Association of Insurance Commissioners): naic.org
- Insurance Information Institute: iii.org
- Federal Trade Commission — Auto Insurance: consumer.ftc.gov
- USA.gov — Car Insurance: usa.gov/car-insurance
Content last reviewed September 2026. If you notice any outdated information, please contact us.