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

Full-tort coverage gives you the right to sue for all damages, including pain and suffering. Limited-tort coverage restricts what you can sue for.

Jessica Martel
Written byJessica Martel
Jessica Martel
Jessica Martel

Jessica is a freelance writer, professional researcher, and mother of two rambunctious little boys. She specializes in personal finance, women and money, and financial literacy. Jessica is fascinated by the psychology of money and what drives people to make important financial decisions. She holds a Masters of Science degree in Cognitive Research Psychology.

Courtney Mikulski
Courtney MikulskiSenior Editor, Auto
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  • Main architect of the Insurify Quality Score

Courtney’s deep personal finance knowledge extends beyond insurance to credit cards, consumer lending, and banking. She thrives on creating actionable content.

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Konstantin has led data teams across multiple industries, including insurance, travel, and biology. He’s led Insurify’s engineering team for more than three years.

Updated January 2, 2024

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Tort in car insurance is a system of determining fault and responsibility for damages after a car accident. State law determines tort systems, with tort liability systems giving drivers the right to sue for medical expenses, pain, and suffering. In states with limited-tort coverage, the law limits what you can sue the at-fault driver for.[1]

Here are the differences between full- and limited-tort insurance and how your state’s laws may affect your legal recourse after a car accident.

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Full tort vs. limited tort: Key differences

The following table describes some of the key differences between full- and limited-tort car insurance.

Factors
Full Tort
Limited Tort
No-Fault
Number of states38312
Personal injury protection (PIP) coverage required?No (with some exceptions)No (with some exceptions)Yes
Who pays for injuries?At-fault driver, through liability insuranceAt-fault driver, through liability insuranceYour own insurance coverage
Compensation thresholdNo minimum threshold; you can seek compensation for all damages and medical costsVaries by state; you can only seek compensation for serious injuriesOnly if serious injuries and medical bills reach a certain threshold
Can sue forPain and suffering with no restrictionsPain and suffering for serious injuries onlyCertain circumstances
Cost comparisonMost expensiveLess expensive than full-tort coverageIntended to lower the cost of auto insurance

What is full tort?

In full-tort states, the driver who causes a car accident is responsible for paying for damages and medical expenses, and the law doesn’t restrict or limit drivers’ right to sue at-fault drivers. You can sue for medical expenses and pain and suffering — which can include physical pain or emotional pain that a person suffers as a result of the accident.[1]

States with at-fault car insurance laws

Thirty-eight states have an at-fault car insurance system, also known as “tort states.” In at-fault states, the driver who causes the accident is responsible for compensating the other driver for medical costs and damages, usually through their liability insurance coverage.

Most states, whether fault or no-fault, still have minimum insurance requirements, which include bodily injury liability and property damage liability.

What Happens If You Get Into a Car Accident Without Insurance?

What Happens If You Get Into a Car Accident Without Insurance?

States with no-fault car insurance

Twelve states use no-fault insurance laws, including Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.[1]

In a no-fault state, you file a claim with your own insurance company for bodily injuries after a car accident, regardless of fault. No-fault states require drivers to purchase personal injury protection (PIP) as part of minimum coverage. This coverage pays for medical expenses, lost wages, child care and household expenses, and funeral costs for drivers and their passengers.

Important Information

No-fault laws may allow drivers to sue for severe injuries and pain and suffering if the damages meet certain conditions. Conditions can include medical bills reaching a monetary threshold or a minimum amount of days you’re disabled because of the accident.[1] [2]

How full-tort car insurance works

With full-tort insurance, people have unrestricted rights to sue at-fault drivers after a car accident.[1]

For example, another driver could cause a car accident that gives you whiplash and other injuries that require you to take time off work to seek medical attention. The car accident could also cause anxiety, depression, post-traumatic stress disorder, and other mental health issues.

With full-tort insurance, you can seek payment from the at-fault driver for your medical costs, lost wages, and continued pain and suffering for emotional distress.

What is limited tort?

In limited-tort states, the law restricts when you can sue the at-fault driver for damages and injuries after a car accident — your PIP coverage typically covers your medical bills. It’s possible to sue the at-fault driver for additional compensation, but only for personal injury damages and medical bills directly related to the accident.

You can’t sue the at-fault driver for non-monetary damages, such as pain and suffering.[3]

Some states have exceptions for serious injuries. For example, in New Jersey, if you purchase limited-tort coverage, you can’t sue for additional medical expenses and lost wages unless you sustain a serious injury. These include:[4]

  • Loss of a body part

  • Significant disfigurement or scarring

  • A displaced fracture

  • Loss of a fetus

  • Permanent injury

  • Death

Choice no-fault states

If you live in Kentucky, New Jersey, or Pennsylvania, you’re part of the no-fault system. However, you can choose between a no-fault auto insurance policy and a traditional tort liability policy. In New Jersey and Pennsylvania, the no-fault coverage has a verbal threshold. In Kentucky, it’s a monetary threshold.

Good to Know

A verbal threshold is a descriptive term that includes injuries deemed serious. A monetary threshold uses a specific dollar amount of medical bills.[1]

Compare Car Insurance Rates All in One Place (October 2024)

Compare Car Insurance Rates All in One Place (October 2024)

How limited-tort car insurance works

Limited-tort car insurance generally costs less than full-tort coverage because with limited-tort insurance, you forgo your right to sue for pain and suffering after a car accident, reducing your auto insurer’s risk of paying legal fees in a lawsuit.

For example, if you have limited-tort car insurance in Kentucky, you can’t sue the at-fault driver of an accident to recover medical expenses, wage loss, or pain and suffering unless you sustain one of the following:[5]

  • $1,000 in medical expenses

  • Broken bone

  • Permanent disfigurement

  • Permanent injury

  • Death

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Cost comparison: Full-tort vs. limited-tort car insurance

Your state’s tort laws can also affect the cost of car insurance. States with no-fault car insurance laws tend to have more expensive insurance rates than states with at-fault systems.[1] However, factors including age, gender, marital status, ZIP code, the type of vehicle you drive, and your driving record can affect your car insurance costs.

The following table shows the average monthly costs based on at-fault (tort), no-fault, and limited-tort (choice) insurance systems.

Insurance Type
Average Monthly Quote
At fault (tort)$144
No fault$164
Limited tort (choice)$153

Full tort vs. limited tort FAQs

Learn how long a car accident can affect your car insurance, and check out the answers to questions about full-tort and limited-tort insurance below.

  • Is full-tort car insurance the same as full coverage?

    Full-tort car insurance isn’t the same as full coverage. Full-tort law systems allow you to sue at-fault drivers for pain and suffering if you’re in an accident. Full-coverage car insurance is a combination of collision, comprehensive, and liability coverages.

  • Is full-tort insurance worth it?

    Whether full-tort insurance is worth it depends on your specific needs. If you live in Pennsylvania, Kentucky, or New Jersey and want to reduce your car insurance premiums, you might choose to forgo full-tort insurance and risk not being able to sue for pain and suffering. If you want the peace of mind that comes with full-tort insurance, then paying extra for full tort might be worth it for you.[4]

  • Can you switch from limited tort to full tort?

    If you live in a choice no-fault state, you can switch your insurance coverage from limited tort to full tort. Contact your car insurance company to talk about your coverage.

  • What is a tort case?

    A tort case deals with most civil suits. The purpose of a tort case as it relates to car insurance is to hold responsible parties liable for damages they cause, such as medical expenses, property damage, and other losses resulting from an accident.

Sources

  1. III. "Background on: No-fault auto insurance."
  2. Progressive. "At-Fault vs. No-Fault Accidents."
  3. Pennsylvania General Assembly. "Title 75."
  4. New Jersey Department of Banking and Insurance. "New Jersey Auto Insurance Buyer's Guide."
  5. Kentucky Public Protection Cabinet. "No Fault Rejection/Verification (PIP)."
Jessica Martel
Jessica Martel

Jessica is a freelance writer, professional researcher, and mother of two rambunctious little boys. She specializes in personal finance, women and money, and financial literacy. Jessica is fascinated by the psychology of money and what drives people to make important financial decisions. She holds a Masters of Science degree in Cognitive Research Psychology.

Courtney Mikulski
Edited byCourtney MikulskiSenior Editor, Auto
Courtney Mikulski
Courtney MikulskiSenior Editor, Auto
  • 3+ years producing insurance and personal finance content

  • Main architect of the Insurify Quality Score

Courtney’s deep personal finance knowledge extends beyond insurance to credit cards, consumer lending, and banking. She thrives on creating actionable content.

Featured in

media logomedia logo
Konstantin Halachev
Data reviewed byKonstantin HalachevVP of Engineering & Data Science
Headshot of Konstantin Halachev, VP of Engineering at Insurify
Konstantin HalachevVP of Engineering & Data Science
  • 7+ years experience in data analysis

  • Ph.D. in Computational Biology

Konstantin has led data teams across multiple industries, including insurance, travel, and biology. He’s led Insurify’s engineering team for more than three years.

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