Full Tort vs. Limited Tort:

Posted by admin on April 12, 2010

Tort law addresses and provides remedies for civil wrongs other than those arising out of contractual obligations. A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or liable, for those injuries.

In purchasing automobile insurance, a driver is given two options, one of which significantly limits your ability to make a recovery in the event that you are injured in an accident that wasn’t your fault.  In Pennsylvania, this is known as the “Limited Tort” option.  In Pennsylvania, purchasers of the “Limited Tort” option must suffer from a significant loss of bodily function in order to bring a lawsuit for their pain and suffering, leaving themselves exposed in the event that they are badly injured but do not meet the legal definition of a significant loss of bodily function.

In New Jersey, this is known as the “Verbal Threshold” option. It can also be referred to as the “Tort Limitation” option.  In New Jersey, purchasers of standard automobile insurance policies who limit their right to sue a negligent driver by electing the “Verbal Threshold” or “Tort Limitation” option can only sue if they sustain a bodily injury that results in death, dismemberment, significant disfigurement, significant scarring, displaced fractures, loss of a fetus, or a permanent injury.

With a Full Tort /Zero Threshold selection, you retain unrestricted rights to bring suit against the negligent party for non economic damages such as pain and suffering, emotional distress and loss of life’s pleasures.  With a Limited Tort /Verbal Threshold option, you are not able to recover certain damages, most importantly payments for your pain and suffering.

Regardless of your tort option selection, you always retain the right to sue for economic losses such as unpaid medical bills and loss of wages.