# Car accidents in Philadelphia: deadlines, limited tort and city claims

> After a Philadelphia crash: the 2-year deadline, 51% fault bar, limited vs full tort, crash reports, the 6-month City notice and court arbitration.

Canonical page: https://accidentclaimfacts.com/location/philadelphia/  
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 Philadelphia you generally have 2 years to file a lawsuit after a crash, 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 own policy can decide whether you can sue for pain and suffering. If a City vehicle was involved, a written notice is generally due within 6 months.

## 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 | No recovery above 50% fault | 42 Pa. Cons. Stat. § 7102(a) |
| Insurance system | Choice no-fault | Limited or full tort |
| Medical benefits on every policy | $5,000 | Paid regardless of fault |
| Notice to the City or another government unit | 6 months | 42 Pa.C.S. § 5522 |
| Traffic deaths in Philadelphia, 2025 | 100 | PennDOT |

## Deadlines and fault rules in Philadelphia

The statute of limitations comes from Pennsylvania law: 2 years from the crash for injuries and for 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 the blame, and you recover nothing if your share is more than 50%. The [Pennsylvania guide](https://accidentclaimfacts.com/location/pennsylvania/) has more on state law, and the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=pa&fault=30#fault) shows how a share of fault plays out.

### Limited tort or full tort

Every Pennsylvania policy includes first-party medical benefits of at least $5,000, paid whoever caused the crash. Each policyholder also picks a tort option:

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

Under the Motor Vehicle Financial Responsibility Law, a serious injury means a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement. Full tort applies if limited tort was not chosen; your declarations page shows your option.

Limited tort does not apply in some situations. You can sue for pain and suffering as if you had full tort if the driver at fault:

- is convicted of, or accepts Accelerated Rehabilitative Disposition for, driving under the influence in that crash;
- was driving a car registered in another state;
- meant to injure someone; or
- had no insurance as the law requires.

You also keep full tort rights if you were hurt riding in a vehicle other than a private passenger vehicle.

> **Example:** You chose limited tort to lower your premium. A driver who rear-ends you on Roosevelt Boulevard is later convicted of DUI for that crash. You can then sue for pain and suffering as if you had full tort.

## Getting a crash report in Philadelphia

Pennsylvania law requires the driver to notify the police right away if a crash injures or kills anyone or leaves a vehicle unable to be driven, so that it needs towing. If police do not investigate such a crash, each driver must send a written report to PennDOT within 5 days.

Who holds the crash report depends on who investigated:

- **Philadelphia Police Department.** Crashes on city streets are generally handled by the city police. Before you leave the scene, ask the officer for the report number and how to request a copy; insurers will ask for that number.
- **Pennsylvania State Police.** If state troopers investigated, people involved in the crash, their lawyer or their insurer can request the report online or by mail. It costs $22 and is available 15 days after the crash.

Read more about [police reports](https://accidentclaimfacts.com/claim-process/police-report/).

## Claims against the City of Philadelphia

The City and other local agencies have immunity from most lawsuits under Pennsylvania's Political Subdivision Tort Claims Act. One exception covers the operation of a motor vehicle in the agency's possession or control, such as a city truck or police car. Three rules then apply:

1. **Notice within 6 months.** Before suing a government unit, you must file a signed written statement in its office within 6 months of the injury. It must give your name and address, the date and hour of the accident, its approximate location and the name and address of any doctor who treated you. For a state agency, a copy also goes to the Attorney General.
2. **A damages cap.** Damages against a local agency cannot exceed $500,000 in total for one occurrence, however many people were hurt.
3. **Limits on pain and suffering.** These damages are allowed 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.

The lawsuit deadline is still 2 years. The notice law has some exceptions, such as a reasonable excuse, which courts decide case by case.

## Crashes in Philadelphia

PennDOT counted 100 traffic deaths in Philadelphia County, which has the same borders as the city, in 2025. 41 of them were pedestrians, out of 7,000 reportable crashes. In Census survey data for 2020-2024, 27.9% of Philadelphia households had no vehicle. See [pedestrian accidents](https://accidentclaimfacts.com/accidents/pedestrian-accidents/) for how claims work when you are hit on foot.

## Where a lawsuit is filed

Crash lawsuits are filed in the Philadelphia Court of Common Pleas. Civil cases worth $50,000 or less go to compulsory arbitration first: a panel of three court-certified lawyers hears the case at the Arbitration Center, 1880 JFK Boulevard, and a party who disagrees with the award can appeal. Philadelphia Municipal Court hears small claims up to $12,000. See [filing a lawsuit](https://accidentclaimfacts.com/claim-process/filing-a-lawsuit/).

## Finding a lawyer in Philadelphia

The Philadelphia Bar Association's Lawyer Referral and Information Service (LRIS) takes requests online at any time, or by phone at (215) 238-6333 on weekdays from 9 a.m. to 5 p.m. A 30-minute consultation normally costs a $35 administrative fee, but the fee is waived for accident and personal injury cases, which are usually handled on a contingency fee. Before hiring anyone, look the lawyer up with the [Disciplinary Board of the Supreme Court of Pennsylvania](https://www.padisciplinaryboard.org/for-the-public/find-attorney). See [how referral services work](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/).

## FAQ

### How long do I have to sue after a car accident in Philadelphia?

Generally 2 years from the crash for injuries and vehicle damage, and 2 years from the date of death for wrongful death. If a City vehicle was involved, a written notice is due within 6 months.

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

Both let you sue the at-fault driver for medical bills and lost wages. With full tort you can also sue for pain and suffering. With limited tort you can do so only after a serious injury, unless an exception applies, such as a DUI conviction of the driver at fault.

### Can I sue the City of Philadelphia after a crash with a city vehicle?

Yes, the law allows claims for the negligent operation of a local agency's vehicle. You must file a written notice within 6 months, damages are capped at $500,000 per occurrence, and pain and suffering is limited to serious, permanent injuries.

### How do I get a crash report in Philadelphia?

Ask the investigating officer for the report number and how to request a copy. For a crash investigated by the Pennsylvania State Police, the report costs $22 and is available 15 days after the crash.

### What is compulsory arbitration in Philadelphia?

Civil cases in the Court of Common Pleas worth $50,000 or less are first heard by a panel of three court-certified lawyers. A party who disagrees with their award can appeal.

## 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 and full tort and the exceptions
- [Pennsylvania General Assembly, 75 Pa.C.S. § 3746 (immediate notice of accident to police)](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.037.046.000..HTM)
- [Pennsylvania General Assembly, 42 Pa.C.S. § 8542 (exceptions to governmental immunity)](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.042.000..HTM) — the vehicle liability exception
- [Philadelphia Municipal Court, Civil Division](https://www.courts.phila.gov/municipal/civil/) — small claims up to $12,000
- [Disciplinary Board of the Supreme Court of Pennsylvania, Find an Attorney](https://www.padisciplinaryboard.org/for-the-public/find-attorney)
- [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
- [Pennsylvania General Assembly, 42 Pa.C.S. § 5522(a)(1)](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.022.000..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
- [PennDOT, 2025 Pennsylvania Crash Facts and Statistics, Traffic Fatalities by County](https://www.pa.gov/content/dam/copapwp-pagov/en/penndot/documents/travelinpa/safety/documents/2025_cfb_linked.pdf), 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. § 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
- [First Judicial District of Pennsylvania, Court of Common Pleas Trial Division - Civil](https://www.courts.phila.gov/common-pleas/trial/civil), checked October 29, 2026
- [Pennsylvania General Assembly, 42 Pa.C.S. § 1123(a)(4)](https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.011.023.000..HTM), checked October 29, 2026
- [Philadelphia Bar Association, Lawyer Referral and Information Service](https://philadelphiabar.org/?pg=LawyerReferralHome), checked October 29, 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 Insurance Department, Auto Insurance](https://www.pa.gov/agencies/insurance/consumer-help-center/learn-about-insurance/auto-insurance), checked October 28, 2026
- [U.S. Census Bureau, American Community Survey 2020-2024 5-year estimates, Table DP04 (Selected housing characteristics)](https://data.census.gov/api/access/data/table?id=ACSDP5Y2024.DP04&g=160XX00US4260000), checked October 28, 2026