Pennsylvania Motor Vehicle Accident Laws

Insurance Requirements

System type: Pennsylvania follows a unique hybrid no-fault insurance system. This allows drivers to choose between limited tort (no-fault) and full tort options when purchasing auto insurance. Limited tort policies restrict the ability to sue for pain and suffering, except in severe cases, while full tort coverage provides unrestricted rights to sue.

Minimum coverage requirements: All Pennsylvania drivers must carry the following minimum insurance coverage:

• Bodily injury liability: $15,000 per person, $30,000 per accident
• Property damage liability: $5,000 per accident
• Medical benefits (no-fault): $5,000 per person for medical expenses, regardless of fault

These requirements ensure basic financial protection for medical bills, property damage, and liability. Drivers can choose additional coverage for enhanced protection.

Optional coverages:

• Collision coverage: Covers repairs to your vehicle, regardless of fault
• Comprehensive coverage: Protects against non-collision-related damages, such as theft or vandalism
• Uninsured/underinsured motorist (UM/UIM): Covers injuries and damages caused by drivers who lack adequate insurance
• Income loss benefits: Replaces lost wages after an accident
• Funeral benefits: Helps cover funeral expenses if the accident is fatal

Penalties for non-compliance: Failing to maintain active auto insurance in Pennsylvania can result in a minimum $300 fine, suspension of your vehicle registration and driver’s license for three months, the need to pay restoration fees, and potential vehicle impoundment. 

Rideshare drivers: Drivers for services like Uber or Lyft must meet specific insurance requirements.

• App on, but no passenger (Period 1): $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage
• Ride accepted or passenger on board (Periods 2 and 3): $1,000,000 in liability coverage, including UM/UIM and collision/comprehensive coverage, if carried on the driver’s personal policy

Fault Laws

Pennsylvania adheres to a modified comparative negligence system, which plays a critical role in determining compensation in car accident claims. Under this rule, individuals can seek compensation for damages as long as their share of fault does not exceed 50%. However, the compensation awarded is reduced proportionally based on the claimant’s percentage of fault.

For example, if a claimant is found to be 30% at fault for an accident involving $100,000 in damages, they would only be eligible to recover $70,000. If their fault is determined to be 51% or higher, they are barred from recovering any damages. This legal framework highlights the importance of proving fault accurately, making evidence like police reports, witness statements, and photographs essential in supporting a claim.

In multi-vehicle accidents, determining fault often involves distributing percentages of liability among all involved parties. In these cases, thorough investigations, potentially including accident reconstructions, are necessary to ensure accurate fault allocation and fair compensation.

Statute of Limitations

General statute of limitations

In Pennsylvania, the statute of limitations for filing a personal injury claim related to a car accident is two years from the date of the accident. Missing this deadline usually bars individuals from pursuing legal action to recover damages. For property damage claims, the statute of limitations is also two years.

Government claims

If the claim involves a government entity, such as in cases of unsafe road conditions or accidents caused by government vehicles, a notice of intent to sue must be filed within six months of the accident. This shorter timeframe underscores the importance of prompt legal action.

Exceptions to the statute of limitations:

• Minors: For individuals under 18 at the time of the accident, the statute of limitations is paused until their 18th birthday, giving them until age 20 to file a claim
• Discovery rule: If injuries are not immediately apparent, the statute of limitations begins when the injuries are discovered or should have been reasonably discovered. However, this rarely applies to car accidents, as most injuries are evident soon after the crash
• Absence of the at-fault party: If the at-fault party leaves the state, the statute of limitations may be paused until they return

Accident Reporting Requirements

When to report an accident

In Pennsylvania, drivers are required to report motor vehicle accidents under the following conditions:

• Personal injury or death: If anyone is injured or killed in the accident
• Severe property damage: If the accident results in damage rendering a vehicle undrivable and requiring towing
• Unattended vehicle or property damage: If the accident involves damage to an unattended vehicle or property, drivers must notify the owner or leave a written note with contact details

If a police officer does not investigate the crash at the scene, it is the driver’s responsibility to file an accident report with the Pennsylvania Department of Transportation (PennDOT) within five days of the accident, as outlined in Pa.C.S.A. Vehicles § 3747.

Filing accident reports

To file an accident report in Pennsylvania, drivers must complete the official PennDOT AA-600 form and include all accident details, as well as names, insurance details, and contact information of everyone involved—drivers, passengers, and witnesses. You would also include all vehicle information, a description of the accident, and any relevant weather and road conditions.  

The completed form must be mailed to:

Pennsylvania Department of Transportation
Bureau of Highway Safety and Traffic Engineering
P.O. Box 2047
Harrisburg, PA 17105

How to access accident reports

Accident reports are often crucial for insurance claims and legal proceedings. Drivers can access reports as follows:

• Police reports: If law enforcement responded, the report can be requested from the responding agency or through the Pennsylvania State Police Crash Reports Unit. To request a police crash report, visit the Pennsylvania State Police Crash Reports Unit website, and search by incident number, last name, or accident date. Submit the application online, then pay the required fee after approval to receive the report
• PennDOT records: For accidents not investigated by police, PennDOT maintains records of the submitted AA-600 forms

For further assistance, contact:

Pennsylvania State Police Crash Reports Unit
1800 Elmerton Avenue, Harrisburg, PA 17110
Phone: 717-783-3380
Email: RA-pspcrashreports@pa.gov

Additional considerations

Hit-and-run incidents: Notify law enforcement immediately and provide as much identifying information as possible about the fleeing vehicle.

Failure to report: Not reporting a reportable accident may lead to license suspension, fines, and other penalties.

Compensation Limits

Economic damages: Pennsylvania does not impose a cap on economic damages in car accident cases. Victims are entitled to recover full compensation for quantifiable financial losses such as past and future medical expenses, property damage, lost wages, and diminished earning capacity. However, the total amount recoverable may be limited by the at-fault driver’s insurance policy limits. If damages exceed these limits, victims have options to pursue additional compensation. This can include filing a claim through their own uninsured/underinsured motorist (UM/UIM) coverage or pursuing legal action directly against the at-fault party.

Non-economic damages: Pennsylvania does not have a cap on non-economic damages in car accident cases, except in claims against government entities. Non-economic damages compensate victims for more subjective losses, such as pain and suffering, emotional distress, loss of companionship, and diminished quality of life. The value of non-economic damages often depends on factors such as the severity of the injuries, the victim’s age, and the lasting impact of the accident on daily life.

Punitive damages: These are awarded in rare cases when the at-fault party’s conduct is deemed to be grossly negligent, reckless, or intentionally harmful. Punitive damages are designed to punish the wrongdoer and deter similar behavior in the future. For most personal injury cases, there is no cap on punitive damages in Pennsylvania. However, in medical malpractice cases, punitive damages are capped at 200% of compensatory damages, with 25% allocated to the state’s MCARE Fund. 

Claims against government entities: Pennsylvania enforces strict limits on damages for claims involving government entities. Under the Sovereign Immunity Act, the state’s liability is capped at $250,000 per person and $1,000,000 per incident. For local government claims under the Political Subdivision Tort Claims Act, the cap is $500,000 in total for all victims. These caps apply to both economic and non-economic damages. Additionally, claims against government entities must meet stricter fault standards, often requiring proof of gross negligence.

Special considerations:

• Modified comparative negligence rule: Compensation is reduced proportionally to the claimant’s degree of fault. Victims can recover damages only if their share of fault is 50% or less. For example, a claimant 30% at fault in an accident with $100,000 in damages would receive $70,000
• Sovereign immunity exceptions: Claims against government entities must be filed within six months, and strict procedural rules apply
• Exceeding insurance limits: In cases where damages surpass insurance policy limits, victims can seek additional compensation through UM/UIM coverage or direct lawsuits

Medical Coverage Considerations

Understanding how to cover medical expenses after a car accident in Pennsylvania involves navigating the state’s no-fault insurance system, insurance policies, and other available resources. Below are the primary options for managing accident-related medical costs in the Keystone State.

Personal injury protection (PIP): In Pennsylvania, all car insurance policies must include at least $5,000 in Medical Benefits (commonly referred to as MedPay or PIP) coverage. PIP operates on a no-fault basis, meaning it covers medical expenses regardless of who caused the accident. This includes ambulance services, hospital bills, surgeries, and follow-up treatments. PIP coverage can apply to the driver, passengers, or pedestrians involved in the accident. However, it does not cover lost wages or pain and suffering, which may require pursuing additional compensation through other means. If your PIP coverage limit is exceeded, you may need to rely on other sources to cover the remaining medical bills.

Health insurance: Health insurance becomes a secondary resource once PIP coverage is exhausted. Most health insurance policies will cover accident-related medical expenses, but it’s important to review your policy terms. Many insurers require reimbursement through subrogation if you receive a settlement or compensation from the at-fault driver or their insurer. Timely reporting of your accident to both your auto and health insurance providers is crucial to ensure claims are processed without unnecessary delays.

Uninsured/underinsured motorist coverage (UM/UIM): If the at-fault driver does not have adequate insurance, UM/UIM coverage can provide additional financial support for medical expenses. This optional coverage helps bridge the gap between the at-fault driver’s liability limits and your actual costs, ensuring you are not left with significant out-of-pocket expenses.

At-fault driver’s insurance: For severe accidents where medical costs exceed PIP limits, victims can seek compensation from the at-fault driver’s liability insurance. Pennsylvania’s minimum liability coverage of $15,000 per person and $30,000 per accident may not fully cover extensive medical costs. In such cases, additional legal action may be necessary to recover damages for medical bills, pain and suffering, and other losses.

Medical liens and subrogation: Healthcare providers may file liens on your settlement to ensure they are reimbursed for treatments provided while you await compensation. Similarly, insurance providers (including Medicaid or Medicare) may claim reimbursement for accident-related expenses paid on your behalf. Negotiating these liens effectively can help you retain more of your settlement funds.

Government assistance programs: For those who qualify, government programs such as Medicaid, Medicare, and the Catastrophic Loss Benefits Continuation Fund (CAT Fund) can help cover accident-related medical expenses. Medicaid offers comprehensive medical coverage for low-income individuals, while Medicare provides benefits to individuals over 65 or those with qualifying disabilities. The CAT Fund supports eligible Pennsylvania residents with catastrophic injuries, covering medical and rehabilitative expenses exceeding $100,000 up to a lifetime cap of $1,000,000. It is essential to report accident-related injuries to these programs, meet eligibility requirements, and address any reimbursement obligations from a settlement.

Important considerations:

• Timely treatment: Seek immediate medical attention after an accident, not only for your health but also to document injuries for insurance claims and potential legal proceedings
• Record keeping: Maintain detailed records of medical bills, treatment plans, and communications with insurers to streamline the claims process
• Legal guidance: Consulting a personal injury attorney can help you navigate insurance claims, negotiate liens, and explore additional compensation avenues to ensure all medical costs are covered

Unique Local Factors

Pennsylvania’s varied geography, weather conditions, and unique traffic patterns present distinct challenges for drivers across the state. Understanding these factors can help minimize risks and ensure safer travels.

Weather and road conditions: Pennsylvania experiences a range of weather patterns that significantly impact driving conditions throughout the year.

• Snow and ice: Harsh winters often bring heavy snowfall and icy roads, particularly in mountainous areas and regions like the Poconos. Snow tires, chains, and careful driving are essential in these conditions
• Rain and flooding: Frequent rainfall, especially during spring and fall, can cause slick roads and localized flooding in low-lying areas. Hydroplaning is a common hazard during heavy rain
• Fog: Areas such as the Allegheny Plateau and central valleys are prone to dense fog, reducing visibility and increasing the risk of accidents
• Construction zones: Pennsylvania’s ongoing road maintenance projects can lead to temporary closures, detours, and unpredictable traffic patterns, requiring extra caution from drivers 

Traffic and tourism hazards: The state’s combination of bustling cities, scenic rural areas, and popular tourist destinations creates a unique mix of driving challenges.

• Urban congestion: Cities like Philadelphia, Pittsburgh, and Harrisburg often experience heavy traffic, especially during rush hours and on major highways like I-76 (Pennsylvania Turnpike) and I-95
• Rural roads: Many rural roads lack sufficient lighting and have sharp curves, making nighttime driving particularly risky
• Tourism destinations: Attractions such as Gettysburg, Hershey Park, and the Pocono Mountains bring an influx of tourists unfamiliar with local roads, causing slower traffic and increased accident risks

Drivers are encouraged to check weather reports, plan routes carefully, and exercise patience, especially in high-traffic zones or adverse weather conditions.

Local Resources & Contacts

State agencies:

• Pennsylvania Department of Transportation (PennDOT): Offers real-time road condition updates, accident reporting information, and traffic resources 
  • Website: www.penndot.gov 
  • Phone: (717) 787-2838
• Pennsylvania Insurance Department: Provides guidance on auto insurance requirements and handles insurance-related complaints
  • Website: www.insurance.pa.gov   
  • Phone: (877) 881-6388

Pennsylvania State Police (PSP): Manages crash investigations, traffic enforcement, and accident reporting.

• Website: www.psp.pa.gov       
• Phone: (717) 783-5599

Consulting a Pennsylvania personal injury attorney: Working with an experienced attorney can be invaluable when dealing with Pennsylvania’s choice no-fault insurance system and modified comparative negligence rules. Attorneys can assist with filing claims, negotiating settlements, and handling medical liens. Many offer free consultations to evaluate your case.