By Serdar Arslan, editor · Last reviewed · How we research
The box you checked when buying car insurance in Pennsylvania can decide whether you ever recover for pain and suffering. Limited tort lowers premiums but generally blocks that recovery unless the injury is serious, while full tort keeps the unrestricted right to sue. Either way, your own insurer pays at least $5,000 in first-party medical benefits regardless of fault, which is why Pennsylvania is called a choice no-fault state.
The liability minimums are low, at $15,000 per person, $30,000 per accident and $5,000 for property damage, and uninsured motorist coverage is optional. Lawsuits generally must be filed within 2 years, even over vehicle damage alone, and wrongful death claims have 2 years from the death. A claim against a government unit needs a signed written statement within 6 months, also filed with the Attorney General's office when a Commonwealth agency is involved. Recovery is barred above 50% fault. If police do not investigate a crash that must be reported, the driver has 5 days to send a Driver's Accident Report to PennDOT, and State Police reports cost $22 starting 15 days after the crash.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years from the date of the accident Source: 42 Pa. Cons. Stat. § 5524(2) |
|---|---|
| Property damage deadline | Generally 2 years, even if you are only suing over damage to your vehicle |
| Wrongful death deadline | Generally 2 years from the date of death, which may be later than the accident date Source: 42 Pa. Cons. Stat. § 5524(2) |
| Claims against a government entity | Before suing a government unit, you generally must file a signed written statement with that unit within 6 months of the injury, listing your name and address, the date, time and place of the accident, and any treating doctor. For claims against a Commonwealth agency, you must also file it with the Attorney General's office. A court may excuse a late notice for a reasonable excuse. Source: 42 Pa. Cons. Stat. § 5522(a) |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, but you recover nothing if you are more than 50% at fault. Source: 42 Pa. Cons. Stat. § 7102(a) |
| Insurance system | Choice no-fault · Every policy must include at least $5,000 in first-party medical benefits, paid by your own insurer regardless of fault. You also choose between limited tort (lower premiums, but generally no pain-and-suffering recovery unless you suffer a serious injury) and full tort (unrestricted right to sue for all damages) (75 Pa. Cons. Stat. § 1705). |
| Minimum liability insurance | $15,000 per person / $30,000 per accident bodily injury; $5,000 property damage Source: 75 Pa. C.S. § 1702 |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | No general cap on damages in car accident cases against private parties. Claims against the Commonwealth and local agencies are subject to separate statutory limits (not verified here). |
| Reporting a crash | You must report a crash to the nearest police department when it causes injury, death or other harm listed in the statute. If police do not investigate a crash that must be reported, you must send a Driver's Accident Report to PennDOT within 5 days. Source: 75 Pa. Cons. Stat. §§ 3746, 3747 |
Getting your crash report in Pennsylvania
For crashes investigated by the Pennsylvania State Police, request the report online or by mail (form SP 7-0015) for $22, starting 15 days after the crash. People involved, their attorneys and insurers can request it. For crashes handled by a local police department, ask that department. Official request page
Checking a Pennsylvania lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Disciplinary Board of the Supreme Court of Pennsylvania – Find an Attorney
- Lawyer referral: Pennsylvania Bar Association Lawyer Referral Service · 717-238-6807
1,127 people died in motor vehicle crashes in Pennsylvania in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›How does limited tort differ from full tort in Pennsylvania?
Limited tort costs less but generally bars recovery for pain and suffering unless you suffer a serious injury. Full tort costs more and keeps your unrestricted right to sue the at-fault driver for all damages (75 Pa. Cons. Stat. § 1705). Both options include at least $5,000 in first-party medical benefits.
›How much time do I have to sue in Pennsylvania?
Generally 2 years from the crash, even if you are only suing over damage to your vehicle (42 Pa. Cons. Stat. § 5524). Wrongful death claims have 2 years from the date of death, which may be later than the accident. Check with a licensed attorney if the deadline is near.
›What must my 6-month notice to a Pennsylvania government unit include?
A signed written statement with your name and address, the date, time and place of the accident, and any treating doctor (42 Pa. Cons. Stat. § 5522). For a Commonwealth agency, file it with the Attorney General's office too. A court may excuse late notice only for a reasonable excuse.
›When do I send a Driver's Accident Report to PennDOT?
Within 5 days, if the crash had to be reported and police did not investigate it (75 Pa. Cons. Stat. §§ 3746, 3747). Crashes causing injury, death or other harm listed in the statute must be reported to the nearest police department.
›What insurance must Pennsylvania drivers carry?
At least $15,000 per person and $30,000 per accident for bodily injury, $5,000 for property damage (75 Pa. C.S. § 1702) and $5,000 in first-party medical benefits. Uninsured motorist coverage is optional, so check whether your policy includes it.
Sources
- 42 Pa. C.S. § 5522 (Pennsylvania General Assembly)
- 42 Pa. C.S. § 5524 (Pennsylvania General Assembly)
- 42 Pa. C.S. § 7102 (Pennsylvania General Assembly)
- 75 Pa. C.S. § 3746 (Pennsylvania General Assembly)
- 75 Pa. C.S. § 3747 (Pennsylvania General Assembly)
- 42 Pa. C.S. § 5524 (Justia, 2014)
- 75 Pa. C.S. § 1705 (Justia, 2014)
- 75 Pa. C.S. Chapter 17 (Pennsylvania General Assembly)
- Pennsylvania State Police – Request a Copy of a Vehicle Crash Report
- Pro Bono Net – Pennsylvania Bar Association Lawyer Referral Service
- IIHS – Fatality Facts, state by state (NHTSA FARS)