Car Accident Claims in Pennsylvania

The driver must immediately, by the quickest means available, notify the nearest police department if the crash involves injury or death, or if any vehicle is damaged so badly it cannot be driven safely and must be towed. If the driver cannot, a capable passenger must. Police must investigate every crash reported under this rule and give each driver a signed statement that it was reported. Pennsylvania sets no dollar threshold for this notice.

If a crash required to be reported to police (injury, death, or a vehicle needing to be towed) was not investigated by a police officer, each driver involved must send a written report to PennDOT within five days. If the driver is incapacitated and is not the owner, the owner must file within five days. PennDOT may require supplemental reports. These driver reports are confidential and generally cannot be used as evidence at trial.

A driver in a crash causing injury, death, or damage to an attended vehicle or property must stop at or as close to the scene as possible and stay until they have given their name, address and vehicle registration number, shown their license and insurance information if asked (to the people involved and to police), and given reasonable help to anyone injured, including arranging transport for treatment. If no one can receive the information and no officer is present, the driver must report to the nearest police office. Leaving an injury crash is a first-degree misdemeanor; if the victim suffers serious bodily injury, a third-degree felony with at least 90 days in jail and a $1,000 minimum fine; if the victim dies, a second-degree felony with at least three years in prison and a $2,500 minimum fine (no probation for these). Leaving a crash that damaged only an attended vehicle or property is a third-degree misdemeanor: a $2,500 fine and/or up to one year in jail.

Minimum financial responsibility is $15,000 for injury to one person, $30,000 for injury to two or more people in one accident, and $5,000 for property damage. Every policy must also include a $5,000 first-party medical benefit. Pennsylvania is a choice no-fault state: insurers must offer a choice between "full tort" coverage and a cheaper "limited tort" option, which limits the right to sue for pain and suffering.

Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the combined negligence of the defendants against whom recovery is sought; damages are reduced by the injured person's share. Each defendant's liability is generally several only (each pays its share), with exceptions such as intentional torts and defendants found 60% or more at fault.

Two years for an action to recover damages for injuries to the person caused by the wrongful act, neglect, unlawful violence or negligence of another. Assault, battery, false imprisonment and similar claims also have a two-year deadline.

Two years for taking, detaining or injuring personal property (such as a car), and two years for waste or trespass on real property.