Should I Keep Full Tort on My Auto Insurance Policy? A Deep Dive

The answer, my friends, is almost always yes. Maintaining full tort on your auto insurance policy, while potentially carrying a slightly higher premium, grants you invaluable rights to sue for the full extent of your injuries after an accident – pain, suffering, emotional distress, and all. Giving up this right for a few dollars saved is a gamble that rarely pays off when misfortune strikes.

Understanding Tort Options: Full Tort vs. Limited Tort

Before diving into the specifics, let’s clarify the two main tort options available in some states, most notably Pennsylvania: full tort and limited tort. Think of them as different levels of protection, dictating what you can recover after an accident.

What is Limited Tort?

Limited tort policies offer lower premiums, but they severely restrict your ability to sue for non-economic damages like pain and suffering. You can still recover economic losses like medical bills and lost wages, but you are essentially barred from seeking compensation for the very real and often devastating emotional and physical anguish that accompanies serious injuries.

What is Full Tort?

Full tort, on the other hand, provides unrestricted access to legal recourse. You retain the right to sue the at-fault driver for all damages, including economic (medical bills, lost wages) and non-economic (pain and suffering, emotional distress, loss of enjoyment of life) damages.

The Real Cost of Saving a Few Dollars

The allure of limited tort lies in its lower price tag. But this seemingly small saving can become an enormous regret if you’re seriously injured. Imagine this: you’re in an accident caused by a reckless driver. You suffer broken bones, require surgery, and endure months of physical therapy. You can’t work, your relationships suffer, and your quality of life plummets. With limited tort, you might be able to recover your medical bills and lost wages, but you’re essentially told your suffering has no value.

Full tort recognizes the profound impact of injuries beyond just the financial burden. It allows you to seek compensation for the intangible but very real losses that can dramatically alter your life.

When Does Limited Tort Make Sense? (Spoiler: Rarely)

There are very few situations where limited tort is a wise choice. Consider these factors:

• Financial Situation: If you’re truly struggling to afford auto insurance, the lower premium of limited tort might seem appealing. However, remember that this is a false economy. You’re risking far more than you’re saving. Explore other ways to reduce your premium, such as increasing your deductible or shopping around for different insurers.
• Health Insurance: If you have exceptional health insurance coverage, the risk of high medical bills is somewhat mitigated. However, health insurance doesn’t cover lost wages, pain and suffering, or the long-term impact of a serious injury.
• Minimal Driving: If you rarely drive and feel the risk of an accident is extremely low, you might consider limited tort. But even infrequent drivers are vulnerable to accidents caused by others.

The truth is, even in these scenarios, the benefits of full tort generally outweigh the minimal cost savings of limited tort.

Beyond the Basics: Key Considerations

• Household Coverage: In some states, the tort option you choose applies to all members of your household. So, if you choose limited tort, you’re potentially restricting the rights of your spouse and children.
• Out-of-State Accidents: The tort option you chose might not apply if you’re involved in an accident in another state. Laws vary, and you could be subject to the laws of the state where the accident occurred.
• Exceptions to Limited Tort: There are exceptions to the limited tort restriction. You can still sue for non-economic damages even with limited tort if you suffer a serious injury (defined as death, serious impairment of body function, or permanent disfigurement) or if the at-fault driver is convicted of certain traffic offenses. However, relying on these exceptions is risky. The definition of “serious injury” can be subjective and difficult to prove.

FAQs: Full Tort and Limited Tort

Here are answers to some frequently asked questions:

1. What exactly are “non-economic damages”?

Non-economic damages are those that don’t have a specific monetary value. They include pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and permanent disability. These damages are subjective but are often the most significant component of a personal injury claim.

2. How much more expensive is full tort compared to limited tort?

The price difference varies depending on factors like your age, driving record, and location. However, it’s usually a relatively small amount – often just a few dollars per month. Get quotes for both options from your insurance company to compare.

3. If I have limited tort, can I ever sue for pain and suffering?

Yes, but only under specific circumstances. The most common exception is if you suffer a serious injury, defined as death, serious impairment of a body function, or permanent disfigurement. Proving you meet this definition can be challenging.

4. What happens if I’m hit by an uninsured driver and I have limited tort?

Even with limited tort, you can generally pursue a claim against your own insurance company under your uninsured/underinsured motorist coverage for all damages, including pain and suffering.

5. I’m a safe driver. Why do I need full tort?

Even the safest drivers can be victims of accidents caused by others. You can’t control the actions of other drivers, and even a minor accident can result in unexpected injuries and expenses.

6. Can I change my tort option later?

Yes, you can usually change your tort option when you renew your auto insurance policy. However, don’t wait until after an accident to realize you made the wrong choice.

7. Does full tort guarantee I’ll win a lawsuit?

No, full tort simply gives you the right to sue for all damages. You still need to prove that the other driver was at fault and that your injuries are a direct result of the accident.

8. What is “serious impairment of a body function”?

This is a subjective legal standard. It generally means an injury that significantly affects your ability to perform everyday activities. Examples include a torn rotator cuff, a herniated disc, or a concussion with lasting effects.

9. Does full tort affect my ability to receive medical treatment after an accident?

No. Both full tort and limited tort policies provide coverage for medical bills. The difference lies in your ability to sue for additional compensation for pain and suffering and other non-economic damages.

10. I’m on a fixed income. Is limited tort my only option?

While the lower premium might seem appealing, consider the long-term financial consequences of being unable to recover compensation for pain and suffering if you’re seriously injured. Explore other ways to reduce your insurance costs, such as increasing your deductible or taking a defensive driving course.

11. Should I talk to a lawyer before choosing my tort option?

While not strictly necessary, it’s always a good idea to consult with an attorney to fully understand your rights and the implications of each tort option. An attorney can help you assess your individual circumstances and make an informed decision.

12. What if I move to a state that doesn’t offer tort options?

In states without tort options, your insurance coverage will be determined by the state’s laws regarding liability for auto accidents. Understanding these laws is crucial for ensuring you have adequate protection.

The Bottom Line

Choosing full tort provides invaluable protection and peace of mind. While the cost savings of limited tort might seem tempting, the potential financial and emotional consequences of being unable to sue for the full extent of your injuries far outweigh the minimal premium difference. Prioritize protecting your future and your family. Choose full tort.