Pennsylvania · Car accident · Updated
Car accident cases in Pennsylvania: the rules and the lawyers
The deadline to file, the fault rule and the other Pennsylvania rules that matter for a car accident case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Pennsylvania that take car accident cases yet.
At a glance
Checked 7 Nov 2026 · Not legal advice
Deadline to file
2 years
In Pennsylvania, most injury lawsuits must be filed in court within two years1.
If you were partly at fault
Barred above 50%
In Pennsylvania, if you are found more than 50% at fault, you generally can’t recover. If not, what you get is cut by your share2.
Firms we list
0 firms
None yet for car accident cases.
Know this first
Step 1: Two years to file in court
2 yearsfor most injury lawsuits
In Pennsylvania, most injury lawsuits must be filed in court within two years1. When the clock starts is decided by case law.
If someone died, the same two years apply to a claim for the death1. That claim is for the person’s spouse, children or parents3. The claims the person had before they died also go on after their death4. Wrongful death: the basics explains these claims.
Some claims have other periods. The list of Pennsylvania deadlines below gives the exceptions with the statute text.
The law, as written
Some claims have different or shorter deadlines. Ask any firm you call which one applies to you.
Personal injury2 years
In Pennsylvania, “an action to recover damages for injuries to the person … caused by the wrongful act or neglect or unlawful violence or negligence of another” must be commenced within two years1. A catch-all two-year period covers any other action for injury to person or property founded on negligent, intentional or otherwise tortious conduct1.
More detail
For asbestos injury or death, the two years run from the earlier of a physician's diagnosis or when the person knew or reasonably should have known of the asbestos injury1.
Wrongful death and survival2 years
In Pennsylvania, the two-year period in § 5524(2) also covers an action “for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another”1. The wrongful-death action is for the benefit of “the spouse, children or parents of the deceased”3, and all causes of action survive the death of the plaintiff or defendant4.
More detail
If no spouse, child or parent is eligible, the personal representative may sue for hospital, nursing, medical, funeral and administration expenses3.
In a medical professional liability death or survival claim, the MCARE Act requires suit “within two years after the death in the absence of affirmative misrepresentation or fraudulent concealment of the cause of death”5.
If a city, county, township, school district or State agency was involved
Step 2: Claims against the state or a city: notice within six months
If you were hurt by a public vehicle, on public property, or by a public employee, a shorter step comes first. Within six months, you must file a signed written statement with the government body you plan to sue. If it is a State agency, you must also file it with the Attorney General6.
- What the statement saysYour name and home address, and the injured person’s if that is someone else. The date and hour of the accident and about where it happened. The name and address of any doctor who treated you6.
- If it isn’t filedA lawsuit started more than six months after the injury “shall be dismissed”. But the court must excuse it if there was a reasonable excuse6.
- Local bodies have some giveFor a city, county or other local body (not the State), up to 90 days when you were too hurt to act don’t count. If the person died, the six months start at the death. And missing the notice is not a bar if the body knew, or should have known, about what happened or the unsafe condition6.
- Then the lawsuitThe notice is a first step, not the deadline to sue. The lawsuit itself still has the usual two years1. A claim against a public officer for something done in their job can have only six months6.
Not every claim against a public body is allowed. The law lists the kinds that are, such as crashes with public vehicles, unsafe roads and sidewalks, and potholes78.
Find out early
If a bus, police car, city truck, sidewalk, public road or public building was part of what happened, ask a lawyer about the notice soon. Six months can pass quickly while you are recovering.
The law, as written
Claims against government: notice6 months (notice)
In Pennsylvania, within six months after the injury or accrual, a person about to sue a government unit for injury to person or property must file a signed written statement in the office of the government unit, and also with the Attorney General if the claim is against a Commonwealth agency6. The statement must give the claimant's and injured person's names and residence addresses, the date and hour and approximate location of the accident, and any attending physician's name and address6.
More detail
Without the statement, an action commenced more than six months after the injury “shall be dismissed”, but the court “shall excuse failure to comply with this requirement upon a showing of reasonable excuse”6.
Against a government unit other than the Commonwealth, up to 90 days of incapacity from the injury do not count, in a death case the time starts at death, and failure to give notice is not a bar if the unit had actual or constructive notice of the incident or condition6. The notice rule does not apply to sexual-abuse claims under §§ 8522(b)(10) and 8542(b)(9)6.
Claims against government: suit2 years
In Pennsylvania, the six-month notice is a precondition, not the suit deadline: the injury action itself is subject to the two-year period in § 5524(2)16. Separately, an action against a government officer “for anything done in the execution of his office” must be commenced within six months unless another limitation applies6.
More detail
Liability depends on the statutory exceptions to immunity, which list the acts that may impose liability: for Commonwealth parties, categories such as vehicle liability, medical-professional liability, real estate, highways and sidewalks, and potholes7; for local agencies, categories such as vehicle liability, real property, trees and traffic controls, utility facilities, streets and sidewalks8.
Good to know
Step 3: If you were partly at fault
Your own share of the fault doesn’t shut you out, as long as it is not greater than the fault of the people you are suing put together. Your damages (the money for your harm) are cut by your share2. So at exactly 50% you still recover half. Above 50% you recover nothing.
- Damages the court finds
- $100,000
- Your share of the fault: 20%
- You recover $80,000
- Your share of the fault: 50%
- You recover $50,000
- Your share of the fault: 60%
- You recover nothing
These numbers only show how the percentages work. They are not typical amounts2.
If more than one person is at fault, each one usually pays only their own share. There are exceptions, for example when one of them is 60% or more at fault2.
This is one reason not to guess about fault, or agree to a version of events, when an insurance company asks. Talking to the other driver’s insurance company has more on those calls.
The law, as written
Bar to recoveryBarred above 50%
In Pennsylvania, a plaintiff may recover only if the plaintiff's negligence “was not greater than the causal negligence of the defendant or defendants against whom recovery is sought”2, so a plaintiff found exactly 50% negligent still recovers a reduced award. The comparison is against the combined negligence of the defendants against whom recovery is sought, not each defendant separately2.
If you were hurt in a car crash, or hit while walking
Step 4: Car crashes: limited tort or full tort
Pennsylvania car insurance has a choice called “limited tort” or “full tort.” It decides if you can sue the driver at fault for pain and suffering9. Either way, you can still sue for medical bills and other money you lost9.
- Full tortYou can sue for your money losses and also for pain and suffering9.
- When limited tort doesn’t limit youYou keep full rights if the driver at fault is convicted of drunk or drugged driving in that crash, or accepts ARD for it. The same goes if that driver’s car is registered in another state, if the driver meant to hurt someone, or if the driver had no insurance9. You also keep full rights if you were riding in a vehicle that isn’t a private passenger car9.
Which one do you have? If no one signed the form to pick limited tort, the law treats it as full tort9. The choice on the policy also covers your spouse and relatives who live with you, unless they have their own car policy9. If you own a registered car but have no insurance, you are treated as having limited tort9. If you don’t own a car and no car policy covers you, limited tort doesn’t apply to you9. Look at your policy, or ask your insurance company which one you have.
See a doctor soon
Get checked after a crash even if you feel fine. It protects your health, and it creates a record. What to do after a car accident covers the first days step by step.
If they were under 18
Step 5: If the injured person is a child
The time before a child turns 18 doesn’t count. After that, they have the same time as anyone else10. For most injury claims that is two years, so usually until their 20th birthday1.
Claims from sexual abuse of a child have much longer: 37 years after turning 1810.
The six-month notice to a government body is a separate step.
The law, as written
MinorsTolled until 18
In Pennsylvania, if the person entitled to sue “is an unemancipated minor at the time the cause of action accrues, the period of minority shall not be deemed a portion of the time period within which the action must be commenced”, and the minor has the same time after reaching majority (age 18) as others have10.
More detail
Claims arising from childhood sexual abuse have a period of 37 years after age 1810.
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a city, insurance company or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. Find injury law firms in Pennsylvania, listed A–Z or by distance, never ranked.
- Ask each firmWhich deadline applies to me, does a notice need to go to a government body, and by when?
More Pennsylvania rules
This page keeps to the rules that matter most for a car accident case. The Pennsylvania page has all of them.
Injured in Pennsylvania: all deadlines and rules
Other case types in Pennsylvania:
After a car accident: the general guide
Plain steps after a crash: stay safe, get care, keep a record, talk to insurance companies carefully, and learn your state’s deadline to file.
How to check a lawyer’s license in Pennsylvania
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take car accident cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- 42 Pa.C.S. § 5524“The following actions and proceedings must be commenced within two years: … (2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another. … (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. (8) An action to recover damages for injury to a person or for the death of a person caused by exposure to asbestos shall be commenced within two years from the date on which the person is informed by a licensed physician that the person has been injured by such exposure or upon the date on which the person knew or in the exercise of reasonable diligence should have known that the person had an injury which was caused by such exposure, whichever date occurs first.”Read the source: 42 Pa.C.S. § 5524
- 42 Pa.C.S. § 7102“(a) General rule.--In all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff. (a.1) Recovery against joint defendant; contribution.-- … (2) Except as set forth in paragraph (3), a defendant's liability shall be several and not joint, and the court shall enter a separate and several judgment in favor of the plaintiff and against each defendant for the apportioned amount of that defendant's liability. (3) A defendant's liability in any of the following actions shall be joint and several …: (i) Intentional misrepresentation. (ii) An intentional tort. (iii) Where the defendant has been held liable for not less than 60% of the total liability apportioned to all parties. (iv) A release or threatened release of a hazardous substance under section 702 of the act of October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act. (v) A civil action in which a defendant has violated section 497 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.”Read the source: 42 Pa.C.S. § 7102
- 42 Pa.C.S. § 8301“(b) Beneficiaries.--Except as provided in subsection (d), the right of action created by this section shall exist only for the benefit of the spouse, children or parents of the deceased, whether or not citizens or residents of this Commonwealth or elsewhere. … (d) Action by personal representative.--If no person is eligible to recover damages under subsection (b), the personal representative of the deceased may bring an action to recover damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death.”Read the source: 42 Pa.C.S. § 8301
- 42 Pa.C.S. § 8302“All causes of action or proceedings, real or personal, shall survive the death of the plaintiff or of the defendant, or the death of one or more joint plaintiffs or defendants.”Read the source: 42 Pa.C.S. § 8302
- Medical Care Availability and Reduction of Error (MCARE) Act, Act of Mar. 20, 2002, P.L. 154, No. 13, 40 P.S. §§ 1303.101–1303.910“§ 505(d): Except in cases alleging intentional misconduct, punitive damages against an individual physician shall not exceed 200% of the compensatory damages awarded. § 508(a): … a claimant in a medical professional liability action is precluded from recovering damages for past medical expenses or past lost earnings incurred to the time of trial to the extent that the loss is covered by a private or public benefit or gratuity that the claimant has received prior to trial. § 513 (Statute of repose): (a) General rule.--Except as provided in subsection (b) or (c), no cause of action asserting a medical professional liability claim may be commenced after seven years from the date of the alleged tort or breach of contract. (b) Injuries caused by foreign object.--If the injury is or was caused by a foreign object unintentionally left in the individual's body, the limitation in subsection (a) shall not apply. (c) Injuries of minors.--No cause of action asserting a medical professional liability claim may be commenced by or on behalf of a minor after seven years from the date of the alleged tort or breach of contract or after the minor attains the age of 20 years, whichever is later. (d) Death or survival actions.--If the claim is brought under 42 Pa.C.S. § 8301 (relating to death action) or 8302 (relating to survival action), the action must be commenced within two years after the death in the absence of affirmative misrepresentation or fraudulent concealment of the cause of death.”Read the source: Medical Care Availability and Reduction of Error (MCARE) Act, Act of Mar. 20, 2002, P.L. 154, No. 13, 40 P.S. §§ 1303.101–1303.910
- 42 Pa.C.S. § 5522“(a)(1) Within six months from the date that any injury was sustained or any cause of action accrued, any person who is about to commence any civil action or proceeding within this Commonwealth or elsewhere against a government unit for damages on account of any injury to his person or property under Chapter 85 (relating to matters affecting government units) or otherwise shall file in the office of the government unit, and if the action is against a Commonwealth agency for damages, then also file in the office of the Attorney General, a statement in writing, signed by or in his behalf, setting forth: (i) The name and residence address of the person to whom the cause of action has accrued. (ii) The name and residence address of the person injured. (iii) The date and hour of the accident. (iv) The approximate location where the accident occurred. (v) The name and residence or office address of any attending physician. (2) If the statement provided for by this subsection is not filed, any civil action or proceeding commenced against the government unit more than six months after the date of injury to person or property shall be dismissed and the person to whom any such cause of action accrued for any injury to person or property shall be forever barred from proceeding further thereon within this Commonwealth or elsewhere. The court shall excuse failure to comply with this requirement upon a showing of reasonable excuse for failure to file such statement. (3) In the case of a civil action or proceeding against a government unit other than the Commonwealth government: (i) The time for giving such written notice does not include the time during which an individual injured is unable, due to incapacitation or disability from the injury, to give notice, not exceeding 90 days of incapacity. (ii) If the injuries to an individual result in death, the time for giving notice shall commence with such death. (iii) Failure to comply with this subsection shall not be a bar if the government unit had actual or constructive notice of the incident or condition giving rise to the claim of a person. (b) Commencement of action required.--The following actions and proceedings must be commenced within six months: (1) An action against any officer of any government unit for anything done in the execution of his office, except an action subject to another limitation specified in this subchapter. … (c) Exception.--This section shall not apply to any civil action or proceeding brought under section 8522(b)(10) (relating to exceptions to sovereign immunity) or 8542(b)(9) (relating to exceptions to governmental immunity).”Read the source: 42 Pa.C.S. § 5522
- 42 Pa.C.S. § 8522“(b) Acts which may impose liability.--The following acts by a Commonwealth party may result in the imposition of liability on the Commonwealth and the defense of sovereign immunity shall not be raised to claims for damages caused by: (1) Vehicle liability.-- … (2) Medical-professional liability.-- … (3) Care, custody or control of personal property.-- … (4) Commonwealth real estate, highways and sidewalks.-- … (5) Potholes and other dangerous conditions.-- … (6) Care, custody or control of animals.-- … (7) Liquor store sales.-- … (9) Toxoids and vaccines.-- …”Read the source: 42 Pa.C.S. § 8522
- 42 Pa.C.S. § 8542“(b) Acts which may impose liability.--The following acts by a local agency or any of its employees may result in the imposition of liability on a local agency: (1) Vehicle liability.-- … (2) Care, custody or control of personal property.-- … (3) Real property.-- … (4) Trees, traffic controls and street lighting.-- … (5) Utility service facilities.-- … (6) Streets.-- … (7) Sidewalks.-- …”Read the source: 42 Pa.C.S. § 8542
- 75 Pa.C.S. § 1705“(a) Financial responsibility requirements.--(1) … A. "Limited Tort" Option--The laws of the Commonwealth of Pennsylvania give you the right to choose a form of insurance that limits your right and the right of members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses, but not for pain and suffering or other nonmonetary damages unless the injuries suffered fall within the definition of "serious injury" as set forth in the policy or unless one of several other exceptions noted in the policy applies. … B. "Full Tort" Option--The laws of the Commonwealth of Pennsylvania also give you the right to choose a form of insurance under which you maintain an unrestricted right for you and the members of your household to seek financial compensation for injuries caused by other drivers. Under this form of insurance, you and other household members covered under this policy may seek recovery for all medical and other out-of-pocket expenses and may also seek financial compensation for pain and suffering and other nonmonetary damages as a result of injuries caused by other drivers. … D. If you wish to choose the "limited tort" option described in paragraph A, you must sign this notice where indicated below and return it. If you do not sign and return this notice, you will be considered to have chosen the "full tort" coverage as described in paragraph B and you will be charged the "full tort" premium. … (5) An owner of a currently registered private passenger motor vehicle who does not have financial responsibility shall be deemed to have chosen the limited tort alternative. … (b) Application of tort options.--(1) The tort option elected by a named insured shall apply to all private passenger motor vehicle policies of the named insured issued by the same insurer and shall continue in force as to all subsequent renewal policies, replacement policies and any other private passenger motor vehicle policies under which the individual is a named insured until the insurer, or its authorized representative, receives a properly executed form electing the other tort option. (2) The tort option elected by a named insured shall apply to all insureds under the private passenger motor vehicle policy who are not named insureds under another private passenger motor vehicle policy. … (3) An individual who is not an owner of a currently registered private passenger motor vehicle and who is not a named insured or insured under any private passenger motor vehicle policy shall not be precluded from maintaining an action for noneconomic loss or economic loss sustained in a motor vehicle accident as the consequence of the fault of another person pursuant to applicable tort law. (c) Full tort alternative.--Each person who is bound by the full tort election remains eligible to seek compensation for noneconomic loss claimed and economic loss sustained in a motor vehicle accident as the consequence of the fault of another person pursuant to applicable tort law. (d) Limited tort alternative.--Each person who elects the limited tort alternative remains eligible to seek compensation for economic loss sustained in a motor vehicle accident as the consequence of the fault of another person pursuant to applicable tort law. Unless the injury sustained is a serious injury, each person who is bound by the limited tort election shall be precluded from maintaining an action for any noneconomic loss, except that: (1) An individual otherwise bound by the limited tort election who sustains damages in a motor vehicle accident as the consequence of the fault of another person may recover damages as if the individual damaged had elected the full tort alternative whenever the person at fault: (i) is convicted or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance in that accident; (ii) is operating a motor vehicle registered in another state; (iii) intends to injure himself or another person … ; or (iv) has not maintained financial responsibility as required by this chapter … (2) An individual otherwise bound by the limited tort election shall retain full tort rights with respect to claims against a person in the business of designing, manufacturing, repairing, servicing or otherwise maintaining motor vehicles arising out of a defect in such motor vehicle … (3) An individual otherwise bound by the limited tort election shall retain full tort rights if injured while an occupant of a motor vehicle other than a private passenger motor vehicle.”Read the source: 75 Pa.C.S. § 1705
- 42 Pa.C.S. § 5533“(b) Infancy.-- (1)(i) If an individual entitled to bring a civil action is an unemancipated minor at the time the cause of action accrues, the period of minority shall not be deemed a portion of the time period within which the action must be commenced. Such person shall have the same time for commencing an action after attaining majority as is allowed to others by the provisions of this subchapter. (ii) As used in this paragraph, the term "minor" shall mean any individual who has not yet attained 18 years of age. (2)(i) If an individual entitled to bring a civil action arising from sexual abuse is under 18 years of age at the time the cause of action accrues, the individual shall have a period of 37 years after attaining 18 years of age in which to commence an action for damages regardless of whether the individual files a criminal complaint regarding the sexual abuse.”Read the source: 42 Pa.C.S. § 5533
- 75 Pa.C.S. § 1702“"Noneconomic loss." Pain and suffering and other nonmonetary detriment. … "Private passenger motor vehicle." A four-wheel motor vehicle, except recreational vehicles not intended for highway use, which is insured by a natural person and: (1) is a passenger car neither used as a public or livery conveyance nor rented to others; or (2) has a gross weight not exceeding 9,000 pounds and is not principally used for commercial purposes … "Serious injury." A personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.”Read the source: 75 Pa.C.S. § 1702
- Yanakos v. UPMC, No. 10 WAP 2018 (Pa.) (Wecht, J., dissenting from denial of reargument)“There are several problems with this Court's decision in Yanakos v. UPMC, 218 A.3d 1214 (Pa. 2019). … If those were the only deficiencies in the Yanakos decision, I would nonetheless join in denying reargument.”Read the source: Yanakos v. UPMC, No. 10 WAP 2018 (Pa.) (Wecht, J., dissenting from denial of reargument)
This is general information, not legal advice.