Pennsylvania's Hybrid No-Fault System
Pennsylvania is a choice no-fault state. When you purchase auto insurance in Pennsylvania, you select either full tort or limited tort coverage. That choice determines whether you can sue another driver for pain and suffering after an accident, and it affects your premium. Most drivers do not realize they made this choice until they file a claim and discover their lawsuit rights are restricted.
The state mandates personal injury protection coverage for every policy. PIP pays your medical bills and lost wages after an accident regardless of who caused it. The tort option you select sits on top of that PIP base and controls your ability to sue the at-fault driver for damages PIP does not cover. Full tort preserves your right to sue for any injury. Limited tort restricts lawsuits to serious injuries only, defined by statute as death, serious impairment of body function, or permanent serious disfigurement.
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Get Your Free QuotePennsylvania PIP Minimum
$5,000
Pennsylvania requires every auto policy to carry at least $5,000 in personal injury protection coverage. You can purchase higher PIP limits, but $5,000 is the statutory floor.
75 Pa.C.S. §1711
Full Tort Versus Limited Tort
Full tort means you retain the right to sue the at-fault driver for all damages, including pain and suffering, regardless of injury severity. Limited tort means you waive that right unless your injury meets one of the serious-injury thresholds the statute defines. Limited tort costs less because it restricts your legal options. Full tort costs more because it preserves them.
The premium difference between full tort and limited tort varies by carrier and household, but limited tort typically reduces your premium by 10 to 20 percent compared to full tort. That discount reflects the reduced liability exposure insurers face when policyholders waive their lawsuit rights for non-serious injuries.
Most Pennsylvania drivers select limited tort to lower their premium. They do not realize the restriction applies until they are injured in an accident caused by another driver and discover they cannot sue for pain and suffering unless the injury is serious under the statutory definition. A broken bone, whiplash, or soft-tissue injury that heals within months typically does not meet the serious-injury threshold.
If you select limited tort and are injured by an out-of-state driver, an uninsured driver, a drunk driver with a BAC over the legal limit, or while occupying a commercial vehicle, the limited-tort restriction does not apply and you retain full lawsuit rights. The statute carves out these exceptions because the policy rationale for limiting lawsuits does not extend to these scenarios.
The tort option you select at purchase locks in for the policy term. You cannot change it mid-term, and most drivers do not review it at renewal.
How PIP Works in Pennsylvania
The statutory minimum is $5,000, but you can purchase higher limits. PIP pays within 30 days of receiving proof of loss, and it does not require you to prove fault. If another driver caused the accident, your PIP pays first, then your insurer can pursue subrogation against the at-fault driver's liability coverage to recover what it paid.
PIP does not cover property damage. Your collision coverage pays for vehicle repairs, and the at-fault driver's property-damage liability pays if you file a third-party claim. PIP also does not cover pain and suffering. That category of damages is only available through a lawsuit, and whether you can sue depends on the tort option you selected and whether your injury meets the serious-injury threshold if you chose limited tort.
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What Happens After an Accident
After an accident in Pennsylvania, you file a PIP claim with your own insurer. Your insurer pays your medical bills and lost wages up to your PIP limit, regardless of who caused the collision. If the other driver was at fault and you have full tort coverage, you can also file a liability claim against the at-fault driver's insurer for damages PIP does not cover, including pain and suffering.
If you selected limited tort, you can file a liability claim for medical expenses that exceed your PIP limit and for property damage, but you cannot sue for pain and suffering unless your injury meets the serious-injury threshold. The at-fault driver's insurer will evaluate your injury against the statutory definition. If your injury does not qualify as serious, your recovery is limited to economic damages.
Pennsylvania is not a pure no-fault state like Michigan or Florida, where lawsuit rights are restricted for all drivers. Pennsylvania gives you the choice. That choice determines how much you can recover after an accident and how much you pay in premium. Most households prioritize the lower premium and select limited tort without fully understanding the tradeoff.
Pennsylvania Liability Minimums
$15,000 / $30,000 / $5,000
Pennsylvania requires $15,000 bodily injury coverage per person, $30,000 per accident, and $5,000 property damage. These minimums apply regardless of your tort selection. Liability coverage pays claims filed against you when you cause an accident.
75 Pa.C.S. §1731
Choosing the Right Tort Option
Full tort makes sense if you want to preserve your right to sue for any injury, regardless of severity. Limited tort makes sense if you prioritize a lower premium and are willing to accept restricted lawsuit rights for injuries that do not meet the serious-injury threshold. There is no universal right answer. The decision depends on your risk tolerance and budget.
Households with multiple vehicles face the same tort choice for every vehicle on the policy. You cannot select full tort for one car and limited tort for another on the same policy. The tort option applies to the policy, not to individual vehicles. If you want different tort options for different household members, they must carry separate policies.
Compare Carriers and Tort Options
Pennsylvania's choice no-fault system gives you control over your lawsuit rights and your premium. Review the tort options every carrier offers when you compare quotes. Ask each carrier for quotes with both full tort and limited tort so you can see the premium difference. The gap varies by carrier, and the lowest full-tort quote from one carrier may cost less than the lowest limited-tort quote from another.
Compare carriers licensed to write auto insurance in Pennsylvania and confirm each quote reflects the tort option, PIP limit, and liability limits you need. The state minimum liability limits are $15,000 per person, $30,000 per accident, and $5,000 property damage, but many households carry higher limits to protect assets. Use the comparison tool to request quotes from multiple carriers at once and review tort options side by side.