Pennsylvania filing deadlines
| Claim | Deadline |
|---|---|
| Personal injury lawsuit | 2 years |
| Vehicle and property damage | 2 years |
| Wrongful death | 2 years |
| Notice of a claim against a government | Written notice to a government unit within 6 months from the date the injury was sustained (42 Pa.C.S. 5522(a)(1)); also file with the Attorney General if against a Commonwealth agency |
All within two years under 5524.
If you were partly at fault
Pennsylvania follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.
- With $100,000 in damages and 30% of the fault, you would recover $70,000.
- With 55% of the fault, you would recover $0, because the rule bars your claim.
Recovery allowed at 50%; compared to combined negligence of defendants against whom recovery is sought.
Source: 42 Pa.C.S. 7102(a). Compare all states in the comparative negligence table.
Choice no-fault state
Your own personal injury protection pays your medical bills and lost wages first, with a required minimum of $5,000 first-party medical benefit. The threshold to claim pain and suffering from the at-fault driver: Full tort: no limit. Limited tort: no pain and suffering recovery unless a "serious injury" (death, serious impairment of body function, or permanent serious disfigurement), with exceptions such as an at-fault driver convicted of DUI Which rules apply depends on the option chosen on the policy.
1711(a): insurers "shall include coverage providing a medical benefit in the amount of $5,000." 1702: "Serious injury." A personal injury resulting in death, serious impairment of body function or permanent serious disfigurement. Limited tort exceptions in 1705(d) include an at-fault driver convicted of or accepting ARD for DUI, among others.
Minimum car insurance in Pennsylvania
$15,000 per person and $30,000 per accident for injuries, $5,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.
Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. UM and UIM must be offered but purchase is optional (1731(a): "unless uninsured motorist and underinsured motorist coverages are offered"); they may be rejected in writing.
Damage caps
Pennsylvania does not cap pain and suffering in ordinary car accident cases.
The Pennsylvania Constitution bars legislative caps on damages for personal injury (outside workers' compensation).
Dog bite law
Mixed rule.
Source: Dog Law, Act of Dec. 7, 1982, P.L. 784, No. 225, sec. 502(b) (3 P.S. 459-502). Estimate a claim with the dog bite calculator.
Frequently asked questions
How long do I have to file a car accident claim in Pennsylvania?
2 years from the accident for an injury lawsuit and 2 years for vehicle damage (42 Pa.C.S. 5524(2), (3); 42 Pa.C.S. 5522(a)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.
Is Pennsylvania a no-fault state?
Pennsylvania is a choice no-fault state: drivers choose between no-fault coverage with limits on lawsuits and full tort rights. To sue for pain and suffering: Full tort: no limit. Limited tort: no pain and suffering recovery unless a "serious injury" (death, serious impairment of body function, or permanent serious disfigurement), with exceptions such as an at-fault driver convicted of DUI
What happens if I was partly at fault in Pennsylvania?
Pennsylvania follows modified comparative negligence, 51% bar (42 Pa.C.S. 7102(a)). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.
What is the minimum car insurance in Pennsylvania?
$15,000 per person and $30,000 per accident for injuries, $5,000 for property damage (15/30/5).
Does Pennsylvania cap pain and suffering damages?
Not in ordinary car accident cases. The Pennsylvania Constitution bars legislative caps on damages for personal injury (outside workers' compensation).
Sources
Checked against official Pennsylvania sources November 5, 2026.
- Pennsylvania statute of limitations: 42 Pa.C.S. 5524(2), (3); 42 Pa.C.S. 5522(a)
- Pennsylvania comparative fault: 42 Pa.C.S. 7102(a)
- Pennsylvania insurance system: 75 Pa.C.S. 1702 (definition of serious injury), 1705 (election of tort options), 1711(a) (required medical benefit)
- Pennsylvania damage caps: Pa. Const. art. III, sec. 18
- Pennsylvania dog bite liability: Dog Law, Act of Dec. 7, 1982, P.L. 784, No. 225, sec. 502(b) (3 P.S. 459-502)