Pennsylvania Car Accident Lawyer
Serving drivers across Pennsylvania, including Philadelphia, Pittsburgh, Allentown, Erie, Harrisburg.
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Pennsylvania’s choice no-fault system makes it one of the more complicated states in which to bring a car accident claim. What coverage you elected when you bought your policy — "limited tort" or "full tort" — directly shapes what damages you can pursue. The Turnpike, I-76, I-95 and older urban road networks produce their own crash dynamics. Pennsylvania also uses a modified comparative fault rule, and the minimum liability coverage is among the lowest in the country.
Pennsylvania Car Accident Laws at a Glance
- Statute of limitations (personal injury)
- 2 years from the date of the crash (42 Pa. C.S. § 5524)
- Statute of limitations (wrongful death)
- 2 years from the date of death
- Fault rule
- Modified comparative fault — 51% bar rule. If you are more than 50% at fault, you recover nothing. At 50% or less, damages reduced by your percentage of fault (42 Pa. C.S. § 7102).
- Insurance system
- Choice no-fault. Drivers select "limited tort" (restricted right to sue for pain and suffering) or "full tort" (full right to sue) when buying a policy. The choice significantly affects what you can recover.
- Minimum liability coverage
- 15/30/5 — $15,000 per person bodily injury, $30,000 per accident, $5,000 property damage. Plus minimum $5,000 First-Party Benefits (FPB / Pennsylvania’s PIP equivalent).
- UM/UIM coverage
- Insurers must offer UM/UIM; drivers can reject in writing.
- Claims against government entities
- Claims against the Commonwealth or local agencies: written notice generally required within 6 months (42 Pa. C.S. § 5522).
Source: Pennsylvania Insurance Department, 42 Pa. Consolidated Statutes. Rules change. Verify current deadlines and requirements with a licensed Pennsylvania attorney before relying on any specific figure.
How Pennsylvania fault rules affect your recovery
Pennsylvania follows modified comparative fault with a 51% bar. If the jury finds you more than 50% responsible, you recover nothing. At 50% or less, your damages are reduced by your fault share. The "choice tort" election layers on top: if you elected limited tort, your ability to recover non-economic damages (pain and suffering) is restricted to specific serious injury categories unless exceptions apply.
Pennsylvania insurance system and your claim path
Pennsylvania is a "choice" no-fault state. Every PA auto policy includes First-Party Benefits (minimum $5,000) that cover your own medical expenses regardless of fault. When you bought your policy you chose either limited tort (cheaper premiums, you give up the unrestricted right to sue for pain and suffering) or full tort (higher premiums, preserved right to sue). Even limited-tort drivers can sue for non-economic damages in specified circumstances — serious injury (as defined by statute), DUI-caused crashes, out-of-state defendants, crashes involving commercial vehicles, and others. Minimum 15/30/5 liability is often inadequate for serious injuries; UM/UIM coverage matters more in PA than in most states.
Damages available in a Pennsylvania car accident claim
PA plaintiffs can recover economic damages (medical expenses, lost wages, property damage, future medical care), and — subject to the limited tort/full tort election and any exceptions — non-economic damages (pain and suffering, loss of life’s pleasures, disfigurement). Punitive damages are available for outrageous conduct (such as DUI) and are generally capped at 2x compensatory under 42 Pa. C.S. § 8371 only for insurance bad-faith claims; no general punitive cap applies in typical auto negligence.
What to do after a Pennsylvania crash
- Get medical care immediately. Delayed treatment is one of the most common reasons insurers discount claims. Same-day or next-day records tie injuries directly to the crash.
- Report the crash and file any required state accident report. Most states require a written report within 10 days for qualifying crashes.
- Document the scene. Photos, video, skid marks, debris positions, traffic signals, and weather all matter. Get the names and contact information of witnesses before people disperse.
- Do not give recorded statements. Early insurer statements are used to undercut claim value later. Be factual with police; defer substantive statements until legal review.
- Preserve evidence. Keep damaged clothing, equipment, and vehicle photographs. Do not authorize repairs or disposal until documented.
- Track expenses and losses. Every medical bill, every missed work shift, every receipt for transportation to medical appointments.
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Pennsylvania Car Accident FAQ
How long do I have to file a car accident lawsuit in Pennsylvania?
Generally 2 years from the date of the crash under 42 Pa. C.S. § 5524. Claims against the Commonwealth or local government entities require earlier written notice — generally within 6 months.
What does "limited tort" mean in Pennsylvania?
Limited tort drivers trade lower premiums for a restricted right to sue for pain and suffering. You can still sue for economic damages (medical bills, wage loss, property damage) in full, and can sue for non-economic damages if your injuries meet statutory exceptions (serious injury, DUI-caused crashes, out-of-state defendants, commercial vehicles, etc.).
Can I switch from limited tort to full tort?
You can change your election when you renew your policy, but the election in effect at the time of the crash governs that claim. A mid-policy change does not retroactively apply.
What if the at-fault PA driver has no insurance?
Your UM (uninsured motorist) coverage applies. If the at-fault driver had insurance but their limits were too low, UIM (underinsured motorist) applies. PA requires insurers to offer both; rejection must be in writing.
What is the PA minimum insurance and is it enough?
PA’s minimum liability is 15/30/5 — among the lowest in the country. For a serious injury case it is commonly inadequate. Strong UM/UIM coverage is especially important in Pennsylvania.
Can I still recover if I was partly at fault for the PA crash?
Yes, under 42 Pa. C.S. § 7102 modified comparative fault, as long as you were 50% or less at fault. Your recovery is reduced by your fault percentage. At 51% or more you recover nothing.
Does FPB (no-fault) cover lost wages in Pennsylvania?
Standard FPB covers medical only at the $5,000 minimum. Optional added PIP coverage can include income-loss benefits, but only if you purchased it. Many drivers carry only the minimum and have no wage-loss coverage through their own policy.