Full Tort Meaning vs. Full Coverage: An Overview
Is full tort the same as full coverage? No. The main difference between full tort insurance and full coverage insurance is that “full coverage insurance” generally means the minimum coverage required by law, whereas “full tort insurance” means full recovery or full right to sue for all damages available under the law (including economic damages and non-economic damages) (Section 1705.0).
As an attorney who represents victims of car accidents in Philadelphia, the surrounding suburbs, and New Jersey, I am often asked questions by my clients about their car insurance policies. Unfortunately, these questions are asked after someone has been involved in a car crash, and they are now looking at their car insurance policy for the first time. One question that often confuses consumers is what the difference is between “full coverage” auto insurance as compared to “full tort” coverage, and whether choosing full tort is worth the additional premium cost.
Key Takeaways:
- The main difference between full tort auto insurance and full coverage is that full tort coverage allows a policyholder to sue for a wider range of damages in the event of an at-fault accident, including the ability to file claims for both economic and non-economic losses.
- When purchasing automobile insurance, assess your coverage and ensure it is adequate. When an accident occurs, insurance coverage isn’t something you want to worry about in the moment. Consider whether optional coverages like uninsured motorist coverage and underinsured motorist coverage provide enhanced protection for your family.
What is Full Coverage Auto Insurance?
The term “full coverage” automobile insurance is a misleading term. In the automobile insurance industry, full coverage insurance generally means “minimum coverage” required by law to drive. Full Coverage means you are “legal.” You have purchased the minimum auto coverage mandated by state-specific requirements to protect someone else. This coverage pays the costs of the other person’s damages for which you are found liable. So if you have full coverage, you certainly may not be fully covered. Rather, you simply have the minimum amount of insurance to protect an injury to someone else for the injuries suffered in a car accident that is your fault. Understanding what your policy covers and your coverage limits is essential when evaluating whether you need comprehensive coverage or collision coverage beyond the mandatory minimums.
Key Takeaways:
- Full Coverage auto insurance means you have the necessary coverage required by state law to operate your vehicle legally.
- Full Coverage insurance is typically the minimum requirement for most states, which covers the policyholder’s damages or injuries to another driver, passengers, or vehicle in the event of an at-fault accident. Many drivers don’t realize that standard minimum policies may not include personal injury protection or stacked coverage options that provide more comprehensive financial protection.
Minimum “Full Coverage” Auto Insurance in Pennsylvania
In Pennsylvania, you are required to carry Medical Benefits (called no-fault insurance) and Liability Car Insurance. The following minimums apply to have full coverage insurance:
- Bodily Injury Liability Cost: $15,000 per person/$30,000 per accident
- Medical Benefits Cost: $5,000
- Property Damage Cost: $5,000 per accident.
Minimum “Full Coverage” Insurance for Autos in New Jersey
In New Jersey, there is an option called a “basic policy” that would be considered by the auto insurance industry as “legal” or “full coverage” to allow someone to drive in New Jersey. However, this New Jersey basic policy only covers the following:
- Bodily Injury Liability Cost: $15,000
- Medical Benefits Cost: $15,000
- Property Damage Cost: $5,000 per accident. Drivers should evaluate whether this affordable basic option provides fair protection or if enhanced coverage is needed.
What is Full Tort Insurance Coverage?
A tort is a wrongful act or civil wrong that gives rise to injury. Full Tort insurance coverage simply means “full recovery” or “full right to sue” for all damages that have always been available under the law, including pain and suffering, lost wages, medical expenses, future medical expenses, etc. Full Tort allows you to bring all your claims in a car accident, including pain and suffering. This is critical for victims who suffer serious or permanent injuries that exceed the tort threshold. As opposed to Full Tort, some consumers have chosen limited tort, discussed in more detail in another blog. “Limited Tort” means “limited recovery of damages” or “limited ability to sue” for certain damages such as pain and suffering. Understanding the serious injury threshold and when you can appeal a tort waiver is essential for protecting your legal rights. Full tort and limited tort are not the same as full coverage and liability coverage – we’re talking about two different aspects of insurance (Section 1601).
Key Takeaways:
- Full Tort insurance coverage allows the policyholder to sue for all damages available under the law. This means that policyholders can recover the full amount of damages, including pain and suffering, loss of earning capacity, and other non-monetary losses. When deciding whether to choose full tort, consider the cost vs coverage tradeoff and your long-term injury considerations.
- Full Tort insurance allows greater flexibility than other insurance coverage, such as limited tort insurance, which does not allow a policyholder to sue for non-economic damages unless the serious injury threshold is met. An experienced attorney can advise you on whether your injuries qualify for an exception to limited tort restrictions.
Philadelphia Lawyer With Inside Knowledge of Car Insurance
The Pearce Law Firm’s founder, Edith Pearce, a licensed and experienced attorney with years of experience in insurance law, worked as a lawyer for an automobile insurance company and then for a defense law firm for many years before deciding to represent injured victims of car accidents in Philadelphia, the suburbs, and South Jersey. This trusted and reputable firm is dedicated to helping clients navigate the claims process complexity and understand how insurance carriers evaluate and sometimes deny claims.
What is the Difference Between Full Coverage and Full Tort?
Her goal was to explain how injured victims could protect themselves against insurance company tactics after a car or auto accident. Many clients ask when to hire a lawyer and how to choose a car accident lawyer who will aggressively negotiate settlements and, if necessary, litigate their case. If you have not chosen full tort, there are exceptions to get around limited tort that auto insurance dispute lawyers experienced in automobile insurance can help with. Our attorneys will investigate and document your injuries, evaluate your case, and advise you on the best path forward. This includes guidance from a limited tort lawyer in Philadelphia who understands how Pennsylvania tort elections impact your ability to recover damages and can help you understand Pennsylvania insurance laws. We can determine how to navigate your way through your insurance policy and figure out if you may qualify for “full tort” even if you chose limited tort. We’ll review your policy terms and policy declaration to identify all available coverage options.
We know the “tricks of the trade” and can help best represent you against the insurance company. We understand how insurance adjusters evaluate claims and the tactics they use to deny or minimize settlements. The insurance company has lawyers; why not you? We know how to build your case and the strategies needed to get you the maximum compensation. Our proven track record includes helping clients settle cases fairly or, when necessary, taking aggressive action to litigate in court. Call (215) 557-8686 for a free consultation with no obligation with our car insurance lawyer. We work on a contingency basis with no upfront cost. You don’t pay unless we win.
You may also be interested in…
- How is pain and suffering calculated in an injury lawsuit?
- Car Accident Without Insurance
- Full Tort vs Limited Tort
- Limited Tort Car Insurance
- Auto Insurance Dispute Attorney
- Car Accident with Uninsured Driver
We’re Expert Personal Injury Lawyers in Philadelphia
Edith Pearce is peer-rated A+ and is a Martindale-Hubbell Preeminent Lawyer
