Pennsylvania car accident claims
Pennsylvania is a choice state. The lawsuit option on your auto policy can block pain-and-suffering even when the other driver is at fault.
A crash is a negligence claim: duty, breach, cause, harm. The numbers below are the published Pennsylvania rules, not a ruling on your facts.
Last checked Sep 3, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- How long you have to file
- Ordinary injury claims in Pennsylvania often run 2 years (42 Pa. Cons. Stat. § 5524). Tolling and discovery rules can change a date. Confirm the current statute.
- If you share blame
- If you are more than 50% at fault, you recover nothing. At 50% or less, your recovery is cut by your share of blame.
- No-fault vs the other driver
- Pennsylvania is a choice state. Limited-tort coverage can block pain-and-suffering except for serious injury. Full-tort coverage does not. Check the declarations page, not a TV ad. That choice is not the same thing as Pennsylvania's 51% shared-blame bar. (75 Pa.C.S. § 1705)
- What usually matters
- · Pennsylvania ordinary injury clock: 2 years (42 Pa.C.S. § 5524).
- · If you are more than 50% at fault, you recover nothing. At 50% or less, your recovery is cut by your share of blame.
- What to save
- Photos of the scene and the cars, the police report number, dashcam or store video, the other driver's insurance card, and your own medical visits in order. Do not post a joke about the crash. Use the preservation letter if a truck or a tape is about to disappear.