Car accidents in Pennsylvania: what to do and who pays

At the scene and reporting a crash in Pennsylvania

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

Call the nearest police right away if anyone is hurt or killed, or if any vehicle is too damaged to be driven and needs towing. The officer must give each driver a signed statement that the crash was reported.

Report to the state

If police were required to investigate (injury, death or a tow-away) but did not, each driver must send a written crash report to PennDOT within 5 days.

Deadline for your report

5 days

Law

75 Pa.C.S. §§ 3746, 3747

Official text

Read the official text

First 24 hours after a crash in Pennsylvania

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Pennsylvania

Pennsylvania uses a choice system: drivers choose options that decide how injury claims work, such as no-fault benefits or limits on suing for pain and suffering. The details are below.

System

Choice no-fault

PIP, benefits and when you can sue

Choice no-fault. Every policy must include $5,000 in first-party medical benefits, paid by your own insurer first. You choose 'full tort' (you can sue for pain and suffering) or 'limited tort' (cheaper; you can still recover medical and other out-of-pocket costs, but pain and suffering only for a 'serious injury' or other exceptions in the policy). Damage to your car is still claimed from the driver who caused the crash.

Law

75 Pa.C.S. §§ 1705, 1711

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Pennsylvania

Rule

Modified (51% bar)

What it means

In Pennsylvania, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Law

42 Pa.C.S. § 7102(a) (you can recover if your negligence is not greater than the defendants'; damages are reduced by your share)

Compare every state's rule in the comparative negligence table.

Who pays in Pennsylvania: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Pennsylvania

Liability minimum

15/30/5

Uninsured / underinsured motorist (UM/UIM)

Not required. Insurers must offer uninsured and underinsured motorist coverage; you may reject it by signing the written rejection forms.

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Pennsylvania

For crashes worked by the Pennsylvania State Police: reports are available 15 days after the crash; the fee is $22. Request online, or mail form SP 7-0015 with a $22 money order or certified check (payable to Commonwealth of Pennsylvania) to PA State Police, Crash Reports Unit, 1800 Elmerton Ave., Harrisburg, PA 17110. For local police crashes, ask that department. https://www.pa.gov/services/psp/request-a-copy-of-a-vehicle-crash-report

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Pennsylvania

How fast insurers must act

31 Pa. Code § 146.5: insurers must acknowledge a claim within 10 working days. § 146.7: a first-party claimant must be told within 15 working days after proof of loss whether the claim is accepted or denied; if more time is needed, the insurer must explain why, then write again after 30 days and every 45 days.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer, within 10 working days for Pennsylvania where our data gives a day count.

If the other driver has no insurance in Pennsylvania

Driving without insurance: $300 fine, plus PennDOT suspends the vehicle's registration and the owner's license for 3 months (an owner may pay a $500 civil penalty instead of serving the registration suspension in some cases) (75 Pa.C.S. § 1786). If the other driver has no insurance, your uninsured motorist coverage (if you bought it) can pay. If no coverage applies, the Pennsylvania Assigned Claims Plan can pay up to $5,000 in medical benefits to eligible people (75 Pa.C.S. § 1753).

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Pennsylvania

Property damage (your car)

2 years

Injury

2 years

Notes, including claims against a government

Before suing a government unit (city, township, county, state agency) for injury or property damage, file a written statement with that government unit within 6 months; for a Commonwealth agency, also file it with the Attorney General (42 Pa.C.S. § 5522).

Law

42 Pa.C.S. § 5524(2), (3), (7)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Pennsylvania

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Pennsylvania

Small claims limit

$12,000 (Magisterial District Courts and Philadelphia Municipal Court).

Pennsylvania small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Pennsylvania

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Pennsylvania Insurance Department, Consumer Services · 1-877-881-6388

Free help in Pennsylvania

• Pennsylvania State Police: crash reports
• Pennsylvania Insurance Department · 1-877-881-6388

Good to know in Pennsylvania

• Your choice of 'limited tort' or 'full tort' on your own policy decides whether you can sue for pain and suffering after a minor injury (75 Pa.C.S. § 1705).
• If police did not investigate an injury or tow-away crash, you must send PennDOT a written report within 5 days (75 Pa.C.S. § 3747).
• If you deal with the other driver's insurer without a lawyer, the insurer must warn you in writing at least 60 days before the deadline to sue may run out if it is still negotiating with you (31 Pa. Code § 146.7(e)).

Free letters

Questions about car accidents in Pennsylvania

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