Pennsylvania car accident laws

Last checked 1 July 2026

Pennsylvania is one of only a handful of “choice” no-fault states, alongside Kentucky and New Jersey. Unlike most rules on this page, this one isn’t set by your accident — it was set months or years earlier, when you bought your insurance policy.

The most important decision affecting your claim may already have been made — on a form you filled out when you bought insurance, long before any accident.

Pennsylvania car accident laws at a glance

Pennsylvania car accident rules, what applies and the statute

Rule	What applies in Pennsylvania	Statute	Detail
Deadline to file an injury lawsuit	2 years	42 Pa. Cons. Stat. §5524(2)	Read more
Fault rule	Modified comparative negligence, 51% bar	42 Pa. C.S. §7102	Read more
Insurance system and minimums	PIP minimums and liability	75 Pa. Cons. Stat. §1711	Read more
Notice to a government body	Six months	See the section	Read more
Wrongful death deadline	Two years from the date of death	See the section	Read more

Last checked 1 July 2026. Each row links to the section that explains it, with the statute.

How long do I have to file a car accident lawsuit in Pennsylvania?

Under 42 Pa. Cons. Stat. §5524(2), you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline applies regardless of your tort election (see below) — fault or no-fault, the filing clock is the same.

Limited tort vs. full tort: the choice that matters most

When you buy auto insurance in Pennsylvania, you choose between two options under 75 Pa. Cons. Stat. §1705:

If you don’t know which you have, it’s worth checking your policy before you assume what you can claim — this single election can change the entire shape of your case.

What if I was partly at fault in Pennsylvania?

For claims that do proceed against an at-fault driver, Pennsylvania applies modified comparative negligence under 42 Pa. C.S. §7102: you can recover damages if you’re found 50% at fault or less, reduced by your percentage of fault. At 51% or more, you recover nothing.

What car insurance does Pennsylvania require?

Pennsylvania requires at least $5,000 in first-party medical benefits (PIP) regardless of your tort election, plus liability coverage for bodily injury and property damage. Because minimum PIP is relatively low, it’s worth checking whether it would realistically cover your medical costs after a serious crash.

RelatedNo-fault states explainedHow the broader no-fault concept works nationally.

How this plays out in a real claim

Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, Pennsylvania’s rule still lets you recover 60% of your damages, and even at exactly 50% you still recover half. But at 51% or more, the claim is barred entirely — not reduced, eliminated. That one-point difference between 50% and 51% is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.

What mistake should I avoid after a crash in Pennsylvania?

Because a single percentage point at the 51% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.

What if a government vehicle or agency was involved?

Pennsylvania partially waives sovereign immunity for negligence claims, including car accidents involving a government-owned vehicle, under the Sovereign Immunity Act (42 Pa. Cons. Stat. §8522) and the Political Subdivision Tort Claims Act (42 Pa. Cons. Stat. §8541) for local governments. You must generally file a formal notice of claim within six months of the injury, and damages are capped at $250,000 per person and $1,000,000 per incident — well below what an uncapped claim against a private driver might be worth.

What is the deadline if the crash caused a death?

Pennsylvania gives two years from the date of death for a wrongful death claim (42 Pa. C.S. §5524(2) / §8301), limited strictly to the surviving spouse, children, and parents — siblings and grandparents have no standing. For the first six months after death, only the estate’s personal representative may file; after that, any eligible beneficiary can bring the claim themselves. Recovery passes directly to those beneficiaries by Pennsylvania’s intestacy formula rather than through the estate, which matters if the deceased had debts.

How does uninsured motorist coverage work in Pennsylvania?

Pennsylvania doesn’t require UM/UIM coverage — insurers must offer it, and you can reject it in writing (75 Pa. C.S. §1731). If you own multiple vehicles, stacking (multiplying your UM/UIM limit by the number of insured vehicles) applies automatically unless you separately waive it in writing (§1738). A notable wrinkle from Pennsylvania case law: insurers can still deny stacked coverage under a “household vehicle exclusion” if you’d waived UM/UIM entirely on the specific vehicle you were riding in at the time of the crash (Erie Ins. Exchange v. Mione, 2023) — there has to be something to stack onto in the first place.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don’t decide what the claim is actually worth, or whether it’s worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Pennsylvania law makes a lawyer worth it for your specific situation.

When should I talk to a lawyer in Pennsylvania?

Between the tort election, the 51% fault bar, and a modest PIP minimum, Pennsylvania has more moving parts than most states. If you’re unsure which tort option you have or whether your injury meets the “serious injury” threshold, a conversation with a qualified lawyer can clarify quickly.