# Pennsylvania car accident law: deadlines, tort options and your claim

> Pennsylvania car accident claims: the 2-year deadline, the bar above 50% fault, limited vs full tort, the 6-month government notice and crash reports.

Canonical page: https://accidentclaimfacts.com/location/pennsylvania/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Pennsylvania you generally have 2 years from the crash to file a lawsuit for injuries or vehicle damage, and 2 years from the date of death for wrongful death. Pennsylvania uses modified comparative fault: your damages are reduced by your share of fault, and you recover nothing if you were more than 50% at fault. Pennsylvania is a choice no-fault state, so the limited tort or full tort option on your policy decides whether you can sue for pain and suffering after a less serious injury.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 2 years | 42 Pa. Cons. Stat. § 5524(2) |
| Vehicle damage deadline | 2 years | 42 Pa. Cons. Stat. § 5524(3) |
| Wrongful death deadline | 2 years | From the date of death |
| Fault rule | Modified comparative: barred above 50% | 42 Pa. Cons. Stat. § 7102(a) |
| Notice to a government body | 6 months | 42 Pa.C.S. § 5522 |
| Minimum liability insurance | $15,000 / $30,000 / $5,000 | Per person / per crash / property |
| Fault system | Choice no-fault | Limited or full tort |
| Medical benefits on every policy | $5,000 | Paid whoever caused the crash |
| Traffic deaths in Pennsylvania, 2024 | 1,127 | IIHS |
| State bar referral service | 800-932-0311 (option 2) | Pennsylvania Bar Association |

## Filing deadlines in Pennsylvania

Pennsylvania's statute of limitations for crash claims is in Title 42 of the Pennsylvania Consolidated Statutes. Injury, vehicle damage and wrongful death claims share the same two-year period.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 2 years | 42 Pa. Cons. Stat. § 5524(2) |
| Damage to your vehicle or other property | 2 years | 42 Pa. Cons. Stat. § 5524(3) |
| Wrongful death | 2 years from the date of death | 42 Pa. Cons. Stat. § 5524(2) |
| Claim against a government unit | Written notice within 6 months | 42 Pa.C.S. § 5522 |

**Injured children.** Under 42 Pa.C.S. § 5533(b), the time before a child turns 18 does not count, so the child has the normal deadline after turning 18. This is a form of tolling. In practice, a child hurt in a crash generally has until two years after the 18th birthday to sue.

**Claims against the government.** Before suing a city, county, township, state agency or other government unit, you must file a signed written statement in its office within 6 months of the injury. The statement gives your name and address, the date, hour and approximate place of the crash, and the name and address of any doctor who treated you. The lawsuit deadline is still 2 years.

> **Warning:** Talking with an insurance adjuster does not pause any of these deadlines. If a claim is still open as a deadline approaches, a lawsuit may need to be filed to protect it.

## How fault is shared in Pennsylvania

Under Pennsylvania's comparative negligence law, 42 Pa. Cons. Stat. § 7102(a), your own negligence does not bar recovery as long as it is not greater than the negligence of the defendants. Your damages are reduced by your percentage of fault. At 50% you still recover half; at 51% you recover nothing.

> **Example:** A driver runs a stop sign in Pittsburgh and hits you while you are checking your phone at the wheel. A jury finds the other driver 70% at fault and you 30%. Your proven damages are reduced by 30%.

Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=pa&fault=20#fault) to compare Pennsylvania with other states.

## Insurance in Pennsylvania

Pennsylvania drivers must carry liability insurance of at least $15,000 per person and $30,000 per crash for injuries, plus $5,000 for property damage. Every policy also includes first-party medical benefits of at least $5,000, Pennsylvania's version of personal injury protection, which pay your medical bills whoever caused the crash.

- **Uninsured and underinsured motorist coverage:** Must be offered; optional (can be rejected on a separate signed form). When you have it, the uninsured and underinsured motorist limits for each insured vehicle are added together unless the named insured signs a waiver, a practice called stacking.
- **Uninsured drivers on the road:** the Insurance Information Institute estimates that 11.0% of Pennsylvania drivers were uninsured in 2023, compared with 15.4% nationally.

The Pennsylvania Insurance Department answers questions and takes complaints about insurers at 877-881-6388.

## Limited tort and full tort

When you buy a policy, the named insured chooses a tort option for the people the policy covers. Full tort keeps your full right to sue. Under limited tort, you can still recover medical bills and other out-of-pocket losses, but not pain and suffering unless the injury is a serious injury. The law defines a serious injury as a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.

| Claim against the at-fault driver | Full tort | Limited tort |
|---|---|---|
| Medical bills, lost wages and other economic losses | Yes | Yes |
| Pain and suffering | Yes | Only after a serious injury |

Three rules often matter:

1. **The default is full tort.** Under 75 Pa.C.S. § 1705, full tort applies if the named insured never chose an option. Your declarations page shows which option you have.
2. **Uninsured owners lose the choice.** The owner of a registered private passenger vehicle who has no insurance is treated as having chosen limited tort.
3. **Exceptions restore full tort.** A person with limited tort can sue for pain and suffering as if they had full tort if the at-fault driver was convicted of, or accepted Accelerated Rehabilitative Disposition for, driving under the influence in that crash; was driving a vehicle registered in another state; meant to injure someone; or had no insurance as the law requires. The same applies if you were hurt riding in a vehicle other than a private passenger vehicle.

> **Example:** You have limited tort. A driver with New Jersey plates rear-ends you in Harrisburg, and you suffer a sprained neck that heals in a few months. Because the other car was registered in another state, you can claim pain and suffering as if you had full tort.

## After a crash in Pennsylvania

Under 75 Pa.C.S. § 3746, drivers must notify the nearest police office right away if anyone is hurt or killed, or a vehicle cannot be driven and needs towing. If police do not investigate such a crash, each driver must send a written report to PennDOT within 5 days.

If Pennsylvania State Police troopers investigated, a copy of the crash report costs $22 and is available 15 days after the crash. If a local police department responded, ask the officer for the report number and ask that department for a copy. Read more about [police reports](https://accidentclaimfacts.com/claim-process/police-report/).

## Special rules in Pennsylvania

**Damage limits for government claims.** Damages against a local agency, such as a city or township, cannot exceed $500,000 in total for one occurrence. Pain and suffering can be recovered from a local agency only for a death, or for a permanent loss of a bodily function, permanent disfigurement or permanent dismemberment with medical and dental bills over $1,500. Claims against the Commonwealth are capped at $250,000 for each plaintiff and $1,000,000 in total.

**Settlement payments.** Under Pennsylvania's court rules, once a defendant receives a signed release after settling a lawsuit, it has 20 days to pay, unless the parties agree otherwise in writing.

## Crashes on Pennsylvania roads

The Insurance Institute for Highway Safety counted 1,127 crash deaths in Pennsylvania in 2024, or 8.6 per 100,000 people, below the national rate of 11.5 per 100,000 people. Speeding was a factor in 39% of the state's crash deaths, and 39% happened on rural roads.

## Finding a lawyer in Pennsylvania

The Pennsylvania Bar Association runs the [PBA Lawyer Referral Service](https://www.pabar.org/PBA/Public-Resources/Find-a-Lawyer.aspx?hkey=6b18eeb7-f17b-4c3c-868c-24c0ed5ce266) at 800-932-0311 (option 2). It serves 47 of the state's 67 counties, and a first 30-minute consultation costs no more than $30. In Philadelphia, the city bar association runs its own service; see the [Philadelphia guide](https://accidentclaimfacts.com/location/philadelphia/). Before you hire anyone, look the lawyer up in the Disciplinary Board's [attorney search](https://www.padisciplinaryboard.org/for-the-public/find-attorney), which shows contact details and disciplinary history. See [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) for questions to ask.

## FAQ

### What is the statute of limitations for a car accident in Pennsylvania?

Generally 2 years from the crash for injuries and vehicle damage, and 2 years from the date of death for wrongful death. A claim against a government unit also needs a written notice within 6 months.

### Is Pennsylvania a no-fault state?

Partly. Pennsylvania is a choice no-fault state: every policy pays first-party medical benefits whoever caused the crash, and each policyholder chooses limited tort or full tort. The choice decides whether you can sue for pain and suffering after an injury that is not serious.

### What is the difference between limited tort and full tort?

With full tort you can sue the at-fault driver for all your damages, including pain and suffering. With limited tort you can still sue for medical bills, lost wages and other economic losses, but pain and suffering only after a serious injury, unless an exception applies.

### Can I recover if I was partly at fault in Pennsylvania?

Yes, if your share of fault is 50% or less. Your damages are reduced by your percentage. At 51% or more, you recover nothing.

### Do I have to report a car accident in Pennsylvania?

Yes, to the police right away if anyone is hurt or killed or a vehicle needs towing. If police do not investigate such a crash, you must send PennDOT a written report within 5 days.

## Sources

- [Pennsylvania General Assembly, 75 Pa.C.S. § 1705 (election of tort options)](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.017.005.000..HTM) — limited tort exceptions
- [Pennsylvania General Assembly, 42 Pa.C.S. § 5522 (notice to government units)](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.022.000..HTM) — contents of the written notice
- [Pennsylvania General Assembly, 42 Pa.C.S. § 5524](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM), checked October 29, 2026
- [Supreme Court of Pennsylvania, Reibenstein v. Barax (2022) opinion citing Pastierik v. Duquesne Light Co. (1987)](https://www.pacourts.us/assets/opinions/Supreme/out/J-86-2022cdo%20-%20105368583206274420.pdf?cb=1), checked October 29, 2026
- [Pennsylvania General Assembly, 42 Pa.C.S. § 7102](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM), checked October 29, 2026
- [Pennsylvania General Assembly, 42 Pa.C.S. § 5533(b)](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.033.000..HTM), checked October 29, 2026
- [Pennsylvania General Assembly, 75 Pa.C.S. § 1738](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.017.038.000..HTM), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [Pennsylvania General Assembly, 75 Pa.C.S. § 1702](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.017.002.000..HTM), checked October 29, 2026
- [Pennsylvania General Assembly, 75 Pa.C.S. § 3746](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.037.046.000..HTM), checked October 29, 2026
- [Pennsylvania General Assembly, 75 Pa.C.S. § 3747(a)](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.037.047.000..HTM), checked October 29, 2026
- [Pennsylvania State Police, Request a Copy of a Vehicle Crash Report](https://www.pa.gov/services/psp/request-a-copy-of-a-vehicle-crash-report), checked October 29, 2026
- [Pennsylvania General Assembly, 42 Pa.C.S. § 8553(b)](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM), checked October 29, 2026
- [Pennsylvania General Assembly, 42 Pa.C.S. § 8528(b)](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.028.000..HTM), checked October 29, 2026
- [Pennsylvania Code, 231 Pa. Code Rule 229.1(c)](https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter200/s229.1.html), checked October 29, 2026
- [Pennsylvania Insurance Department, Auto Insurance](https://www.pa.gov/agencies/insurance/consumer-help-center/learn-about-insurance/auto-insurance), checked October 28, 2026
- [Pennsylvania Insurance Department, Auto Insurance Guide](https://www.pa.gov/content/dam/copapwp-pagov/en/insurance/documents/consumer-help-center/learn-about-insurance/auto-insurance-guide.pdf), checked October 28, 2026
- [Pennsylvania General Assembly, 75 Pa.C.S. 1731 (uninsured and underinsured motorist coverage)](https://www.palegis.us/statutes/consolidated/view-statute?txtType=PDF&ttl=75&chpt=017&sctn=031&subsctn=000), checked October 28, 2026
- [Pennsylvania Insurance Department, File a Complaint, Ask a Question or Get Help](https://www.pa.gov/agencies/insurance/consumer-help-center/complaints-questions-help), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026