Car accident claims: what to do next in Pennsylvania

Who pays first: medical benefits

Each car policy in the state must have medical benefits. They pay medical bills for you and others on your policy, says the state insurance office. They pay no matter who was at fault.

The minimum is $5,000. You can buy more, and you can add other benefits, such as for lost income.

Source: Pennsylvania Insurance Department: Auto insurance · as of Oct 5, 2026

Your right to sue: full or limited

Each Pennsylvania policy has a choice about your right to sue. Full tort (a full right to sue) lets you sue the careless driver for pain and suffering for any injury. Limited tort (a limited right to sue) costs less. You can still claim out-of-pocket medical bills and some other costs. But you cannot get pain and suffering money unless the injury is serious or an exception applies.

State law says a serious injury is death or serious harm to a body function. It also counts a lasting, serious scar or change in how you look. If no one on your policy chose the limited option, you have the full right to sue. But a car owner with no insurance is treated as having the limited option.

Some exceptions give back the full right to sue. One is when the other driver is convicted of drunk or drugged driving in that crash, or enters a first-offender program (ARD) for it. Others are when that driver is driving a car registered in another state or has no insurance. Another is when you were riding in a vehicle that is not a private passenger car.

How fault is shared

Pennsylvania compares fault. You can recover if your fault was not greater than the fault of the people you sue. That means you can still recover at 50 percent fault, but not above it. Your money is cut by your share.

Coverage drivers must carry

Pennsylvania requires at least $15,000 per person and $30,000 per crash for injuries you cause. It also requires $5,000 for property damage. Owners of a registered vehicle must keep this insurance. Uninsured and underinsured motorist coverage is not on the list you must buy. It helps when the other driver has no or too little insurance.

Source: PennDOT: Insurance overview · as of Oct 5, 2026

Source: PennDOT: Insurance overview · as of Oct 5, 2026

Reporting the crash

Call the nearest police department right away, by the quickest means, if anyone is hurt or killed. Do the same if a car is too damaged to drive and must be towed. If you are in a crash that must be reported, the officer will ask for your insurance card.

If the police do not look into the crash, each driver must send a written report to PennDOT. It is due within 5 days. The state driver manual calls it the Driver's Accident Report, form AA-600.

Deadlines

Most Pennsylvania injury lawsuits must be filed within 2 years. A claim for a death also has 2 years. A lawsuit for unpaid medical benefits from your own insurer has a 4-year limit. It runs from the crash, or from the last payment if some benefits were paid. A claim against a government body needs a written notice within 6 months.

In Pennsylvania, your right-to-sue choice and the 2-year limit shape what you can claim, and exceptions can apply. People's Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.