Pennsylvania · Comparative fault · Updated Oct 2026

Comparative fault in Pennsylvania: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Pennsylvania, the law behind it and how insurers apply it.

Short answer

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).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault 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)
Insurance system
Choice no-fault

Insurance and small claims in Pennsylvania

Choice no-fault. Every policy must include $5,000 in first-party medical benefits, paid by your own insurer first.

Small claims limit for car damage in Pennsylvania: $12,000 (Magisterial District Courts and Philadelphia Municipal Court). Pennsylvania small claims guide on Small Claims Map

How fast an insurer must handle a claim in Pennsylvania

  • 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.

If the insurer says you were partly at fault

  1. Get the police report. For crashes worked by the Pennsylvania State Police: reports are available 15 days after the crash; the fee is $22. Reporting a crash in Pennsylvania and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Pennsylvania Insurance Department, Consumer Services.
  4. Sue before the deadline: 2 years for both property damage and injury. Deadlines to sue in Pennsylvania, with the calculator

Who pays in Pennsylvania: fault and payout explainer

Modified comparative fault (51% bar)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).

Free help in Pennsylvania

Questions about comparative fault in Pennsylvania

Is Pennsylvania a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. 42 Pa.C.S. § 7102(a) (you can recover if your negligence is not greater than the defendants'; damages are reduced by your share)

Does fault still matter under Pennsylvania's choice system?

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. Choice no-fault. Every policy must include $5,000 in first-party medical benefits, paid by your own insurer first.

Where can I complain if an insurer blames me unfairly in Pennsylvania?

Pennsylvania Insurance Department, Consumer Services: https://www.pa.gov/agencies/insurance/consumer-help-center/complaints-questions-help · 1-877-881-6388

How fast must an insurer handle a car insurance claim in Pennsylvania?

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.

How do I get 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

More for Pennsylvania drivers

Nearby states

Sources

Last checked: Oct 24, 2026.