Glossary
Limited tort
A cheaper option in choice no-fault states that gives up your right to sue for pain and suffering unless an injury is serious or an exception applies.
Also called: limited tort option, limitation on lawsuit option, limited right to sue
Limited tort is a lawsuit option offered in choice no-fault states, most notably Pennsylvania. In return for a lower premium, you and the relatives covered under your policy give up the right to sue an at-fault driver for noneconomic damages, such as pain and suffering, unless the injury is serious. New Jersey's version is called the "limitation on lawsuit" option, and there it is the default.
You can still recover economic losses. Your own first-party medical benefits or personal injury protection pay medical bills regardless of fault, and you can sue the at-fault driver for out-of-pocket costs those benefits do not cover. What you lose is compensation for pain and suffering for injuries below the state's verbal threshold, which generally means death, serious impairment of a body function or permanent serious disfigurement. Pennsylvania law also lets limited tort drivers sue in certain situations, for example when the at-fault driver is convicted of DUI or is driving a vehicle registered in another state.
The savings are usually modest, while the restriction can matter a great deal after a painful but not permanent injury. Compare the premium difference with full tort before choosing, and see choice no-fault for how the election works.
Last reviewed October 4, 2026