Car accident injury claims in Pennsylvania
Pennsylvania is a no-fault state, so the path your injury claim takes — who pays first, when you can pursue the other driver, and how long you have — works differently than you might expect. Here are the rules that shape an injury claim in Pennsylvania.
Pennsylvania at a glance
- Fault rule
- Modified comparative — 51% bar
- No-fault state?
- Yes
- PIP / no-fault coverage
- $5,000 mandatory medical-only PIP (75 Pa.C.S. § 1711); optional § 1712 add-ons (income loss 80% gross, $1K/mo, $5K max; accidental death; funeral; extraordinary medical above $100K)
- Threshold to step outside no-fault
- Applies
- Minimum liability coverage
- 15/30/5 (lowest in the US, tied with CA/AZ at $15K per person) + $5,000 medical-only PIP. Underinsured-defendant rate is extremely high in PA — UIM coverage is functionally mandatory advice.
- Time limit for an injury claim
- 2 years
You can recover only if you were 50% or less at fault; your award is reduced by your share.
Your own PIP coverage pays for injuries first, regardless of who caused the crash.
Choice no-fault / hybrid limited no-fault: § 1705 Limited Tort vs Full Tort election. Limited Tort bars pain-and-suffering / nonmonetary damages unless a 'serious injury' (§ 1702: death, serious impairment of body function, or permanent serious disfigurement) or a statutory exception applies. Default is Full Tort if no election is made within the 10-day notice window before renewal.
Generally measured from the date of the accident.
How fault works in Pennsylvania
Modified comparative negligence under 42 Pa.C.S. § 7102: a plaintiff whose negligence is 'not greater than' the defendant's recovers, with damages reduced proportionally. A plaintiff at 50% recovers; at 51% recovers nothing (51% bar).
Paying for injuries in Pennsylvania
PA is choice/hybrid limited no-fault: $5K mandatory medical PIP (§ 1711) + optional § 1712 add-ons. The defining feature is the § 1705 Limited Tort vs Full Tort election — a household-binding choice that, if Limited, forfeits pain-and-suffering recovery unless a 'serious injury' (§ 1702) or one of the § 1705(d) exceptions applies. Default is Full Tort if no election is made within the 10-day notice window.
How Moe handles injury claims in Pennsylvania
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Pennsylvania’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Pennsylvania injury claims — common questions
- Is Pennsylvania a no-fault state?
- Yes. Pennsylvania is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash. You can step outside the no-fault system to pursue the at-fault driver only if your injuries meet a legal threshold.
- What is Pennsylvania's fault rule for a car accident?
- Pennsylvania follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.
- How long do I have to file an injury claim in Pennsylvania?
- In Pennsylvania the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
Learn more
Sources
This page summarizes Pennsylvania’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.