Pennsylvania Car Accident Law Quick Guide

What Should You Do Immediately After a Car Accident in Pennsylvania?

Pennsylvania car accident law prioritizes safety and responsibility. Learn more below – use these steps to act after an accident.

Pennsylvania Car Accident Law

Car accidents in Pennsylvania happen fast and often have severe consequences. According to PennDOT, there were over 110,000 reportable crashes in 2023, leading to tens of thousands of injuries and more than 1,200 fatalities.

If you’ve been in an accident and need legal guidance, RG Injury Law is here to help. Call today for a free consultation.

Key Takeaways – PA Car Accident Law

• Always call the police after an accident if injuries or major damage occur.
• Pennsylvania uses a no-fault insurance system, meaning you may file with your own insurer first.
• Limited Tort vs. Full Tort insurance affects your ability to sue for pain and suffering.
• Accident reports are mandatory in cases of injury, death, or severe vehicle damage.
• You have two years to file a personal injury lawsuit after a crash.

Pennsylvania’s No-Fault Insurance System: What You Need to Know

Pennsylvania operates under a choice no-fault system, meaning drivers select Limited Tort or Full Tort coverage when buying car insurance. 

Drivers with Limited Tort coverage typically can’t sue for pain and suffering unless they have a serious injury, such as permanent disfigurement or loss of a body function. Full Tort allows unrestricted legal action against the at-fault party.

Comparison of Limited Tort vs. Full Tort Coverage

Pennsylvania Car Accident Laws: Reporting

Some car accidents must be reported under Pennsylvania law, but not every minor fender bender requires police involvement.

If the police don’t respond to the scene and your accident meets reporting requirements, you must complete and submit a Driver’s Accident Report (Form AA-600) to PennDOT.

When Are You Required to Report a Car Accident?

• If anyone is injured or killed – Call the police immediately.
• If a vehicle is undrivable – The accident must be reported to PennDOT within five days.
• If property damage is over $1,000 – Some insurance policies require an official accident report.
• Non-reportable accidents – Minor accidents where no one is hurt and all vehicles are drivable don’t require police involvement.

Pennsylvania’s Statute of Limitations for Car Accident Claims

The statute of limitations sets the deadline for filing a lawsuit after a car accident. In Pennsylvania, you have two years from the accident date to file a personal injury or property damage claim. (1)

Missing this deadline usually means you can’t recover compensation, no matter how strong your case is.

Some exceptions can extend the two-year deadline:

• Claims against government entities – Special notice rules apply, and deadlines may be shorter.
• Minors – If a minor is injured, the clock may not start until they turn 18.
• Delayed injuries – If an injury isn’t immediately apparent, the statute may start from the date of discovery.

How Pennsylvania’s Comparative Negligence Law Impacts Your Claim

Pennsylvania follows a modified comparative negligence rule. This means you can recover damages if you are less than 51% at fault for an accident. 

However, your compensation is reduced by your percentage of fault. You cannot collect damages if you are 51% or more responsible.

How Fault Percentage Affects Compensation

Even a slight shift in fault percentage can significantly reduce your payout. Insurance companies often try to increase your fault percentage to pay you less. That’s why having strong legal representation is important when dealing with a car accident claim.

Common Pennsylvania Car Accident Law Violations That Affect Liability

Traffic violations play a major role in determining who is at fault in an accident. The more violations involved, the higher the likelihood of being held responsible.

How DUI Impacts a Car Accident Claim

Driving under the influence (DUI) comes with severe penalties in Pennsylvania, both criminal and civil. If a drunk driver causes an accident:

• They will likely face criminal charges.
• Their insurance company may refuse to cover damages.
• The injured party may be able to seek punitive damages on top of regular compensation.

Hit-and-Run Accidents in Pennsylvania

Leaving the scene of an accident is illegal. If a driver fails to stop, the consequences can include:

• Felony charges if the accident involved injuries or death.
• Fines, license suspension, and jail time.
• Higher insurance premiums or denial of coverage.

Common Traffic Offenses That Increase Fault Percentage

Fault is often assigned based on traffic violations. Some of the most common violations that increase a driver’s fault percentage include:

• Speeding
• Failure to yield
• Distracted driving (texting, eating, or using in-car technology)

What Insurance Companies Don’t Want You to Know

Insurance companies aren’t on your side after an accident. Their goal is to pay as little as possible—even if it means shifting blame onto you. Adjusters are trained to look for ways to reduce or deny claims.

Ways Insurance Companies Try to Reduce Claims

• Offering lowball settlements quickly – They hope you’ll accept before knowing the full cost of your damages.
• Pressuring you to make recorded statements – Anything you say can be used to devalue your claim.
• Delaying claims until evidence weakens – The longer they stall, the harder it is to gather strong evidence.
• Misrepresenting policy coverage – Some adjusters downplay what you’re entitled to in your policy.

Do You Need a Lawyer for a Pennsylvania Car Accident Claim?

Hiring a lawyer isn’t required, but it can make a huge difference in your case. Insurance companies have teams of adjusters and attorneys working to minimize payouts. 

Without legal representation, you might settle for far less than you deserve.

An experienced car accident attorney can:

• Negotiate with insurance companies to maximize your payout.
• Gather and present strong evidence to prove fault.
• Challenge unfair fault determinations that reduce your claim.
• Take your case to court if needed to secure fair compensation.

Finishing Up: RG Injury Law for Pennsylvania Car Accident Law

Pennsylvania’s car accident laws impact everything from insurance claims to fault determinations. Knowing your rights can help you avoid mistakes and protect your compensation. If you’ve been in an accident, act quickly—document evidence, report the crash, and watch out for insurance tactics.

At RG Injury Law, we fight for accident victims to get the compensation they deserve. Contact us today for a free consultation if you’re dealing with an insurance dispute or facing unfair fault accusations.

Reference:

(1) PA General Assembly, Title 75, https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=75&div=0&chpt=37&sctn=43&subsctn=0