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Car accident claims

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.
Start hereHow long do I have to file?