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

Deadlines and fault rules in Philadelphia#

The statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary 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 faultModified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary: your damages are reduced by your share of the blame, and you recover nothing if your share is more than 50%. The Pennsylvania guide has more on state law, and the fault-rule explainer 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:

Under the Motor Vehicle Financial Responsibility Law, a serious injurySerious injury threshold. A rule in some no-fault states that lets you sue the at-fault driver for pain and suffering only if your injury meets a legal definition of serious, or a dollar level of medical bills. Glossary 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.

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 reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary 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.

Claims against the City of Philadelphia#

The City and other local agencies have immunitySovereign immunity. The rule that governments cannot be sued unless a law allows it. Tort claims acts allow some claims, with limits. Glossary 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 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 arbitrationArbitration. A private process in which a neutral arbitrator hears both sides and decides the dispute. Unlike a mediator, an arbitrator makes the decision; whether it is binding depends on the agreement or court rules. Glossary 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.

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. See how referral services work.