How to File a Car Insurance Claim in Pennsylvania: Complete Guide (2026)

# How to File a Car Insurance Claim in Pennsylvania

> **KEY TAKEAWAYS:**
> – PA is a **choice no-fault** state — your tort choice affects your claim
> – File first-party benefits ($5K medical, $5K income) with YOUR OWN insurer
> – **5-day** PennDOT reporting deadline (strictest among 10 states)
> – **Limited Tort:** Can only sue for pain/suffering if “serious injury”
> – **Full Tort:** Can sue for pain/suffering from any injury

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## Understanding PA’s Two-Track System

### Track 1: First-Party Benefits (No-Fault)
File with your own insurer for:
– $5,000 medical benefits (regardless of fault)
– $5,000 income loss benefits
– $1,500 funeral benefits

### Track 2: Fault-Based Claims
– **Property damage:** Always fault-based — file with at-fault driver
– **Pain and suffering:** Depends on your tort choice:
– **Full Tort:** Sue for any injury
– **Limited Tort:** Only if “serious injury” (death, serious impairment, permanent disfigurement)

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## Step-by-Step Filing

### Step 1 — File AA-600 with PennDOT (5 Days!)
File within **5 days** if $1,000+ damage or any injury. This is the strictest deadline among all 10 states.

### Step 2 — File First-Party Benefits
Contact your own insurer for medical and income loss benefits. These pay regardless of fault.

### Step 3 — File Property Damage Claim
File with the at-fault driver’s insurer (15/30/5 minimum — among the lowest nationally).

### Step 4 — Assess Pain and Suffering Claim
– **Full Tort holders:** File a liability claim against the at-fault driver for any injury
– **Limited Tort holders:** Only if your injury qualifies as “serious”
– **Exceptions to Limited Tort:** DUI driver, out-of-state driver, commercial vehicle, pedestrian/cyclist

### Step 5 — Negotiate and Resolve
PA’s 51% bar applies to fault-based claims. At 51%+ fault, you recover nothing.

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## Limited Tort vs Full Tort Impact on Claims

| Scenario | Limited Tort | Full Tort |
|———-|————-|———–|
| Broken arm | Can sue for pain/suffering | Can sue |
| Whiplash (minor) | **Likely cannot sue** | Can sue |
| Back sprain | **Often cannot sue** | Can sue |
| Permanent injury | Can sue | Can sue |

### Stacking
PA allows **stacking** of UM/UIM coverage across multiple vehicles on your policy. This can significantly increase available coverage. Review your policy for stacking options.

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## Frequently Asked Questions

### What if I chose Limited Tort and my injury is serious?
You can still sue for pain and suffering. “Serious injury” means death, serious impairment of a body function, or permanent serious disfigurement.

### Why are PA’s minimums so low?
PA’s 15/30/5 minimums have not been updated in decades. Many accidents exceed these limits. UM/UIM coverage is strongly recommended.

### Can I change my tort choice after an accident?
No, changes take effect at next renewal. You cannot change retroactively.

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## Related Guides

– [What to Do After a Car Accident in Pennsylvania](/pennsylvania/car-accident-guide/)
– [Do You Need a Lawyer After a Car Accident in Pennsylvania?](/pennsylvania/do-i-need-a-lawyer/)
– [Pennsylvania Car Accident Laws](/pennsylvania/car-accident-laws/)

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**DISCLAIMER:** This website is not a law firm and does not provide legal advice. This page provides general educational information only. Insurance requirements and coverage options vary. Contact your insurance provider or a licensed insurance agent for information specific to your policy. Always consult a licensed attorney in your state for advice specific to your situation. Last updated: March 2026.