Pennsylvania Car Accident Laws: Everything You Need to Know (2026)

# Pennsylvania Car Accident Laws: Everything You Need to Know

> **AT A GLANCE:**
> – **System:** Choice no-fault (Limited Tort vs Full Tort)
> – **Comparative fault:** Modified 51% bar
> – **Statute of limitations:** 2 years PI, 2 years PD
> – **Minimum insurance:** 15/30/5 (among the lowest nationally)
> – **DMV report deadline:** 5 days (shortest among 10 states)
> – **Your tort choice directly affects your legal rights**

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## Pennsylvania’s Unique Choice No-Fault System

Pennsylvania is one of only a few states with a **choice no-fault** system. When you buy auto insurance, you choose between two options that directly affect your legal rights after an accident:

### Limited Tort
– **Lower premiums** (typically 15-20% savings)
– You **give up** the right to sue for pain and suffering **unless** your injury meets the “serious injury” standard
– You can still recover economic damages (medical bills, lost wages)
– This is the **default** option if you do not make a choice

### Full Tort
– **Higher premiums**
– You **retain full right** to sue for pain and suffering from any injury
– No injury threshold required
– More legal flexibility

### The “Serious Injury” Standard for Limited Tort

Under Limited Tort, you can only recover pain and suffering if your injury qualifies as “serious” (75 Pa.C.S. § 1705):
– **Death**
– **Serious impairment of a body function**
– **Permanent serious disfigurement**

**Important:** Courts interpret “serious impairment of a body function” case-by-case. Broken bones typically qualify. Soft tissue injuries (whiplash, sprains) often do not.

### Exceptions to Limited Tort Restrictions

Even with Limited Tort, you can sue for pain and suffering if:
– The other driver was **DUI**
– The other driver was from **out of state**
– The other driver was driving a **commercial vehicle**
– You were a **pedestrian or cyclist** (not in a motor vehicle)

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## Modified 51% Comparative Fault

Pennsylvania follows a **modified comparative fault** rule (42 Pa.C.S. § 7102):

– At **50% or less** fault: recover damages, reduced by your fault %
– At **51% or more** fault: recover **nothing**

**This combines with the tort choice.** If you chose Limited Tort and your injury is not “serious,” you cannot recover pain and suffering regardless of fault.

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## Minimum Insurance Requirements

| Coverage | Minimum |
|———-|———|
| Bodily Injury per Person | $15,000 |
| Bodily Injury per Accident | $30,000 |
| Property Damage | $5,000 |
| First-Party Medical (PIP) | $5,000 |
| Income Loss Benefits | $5,000 |
| Funeral Benefits | $1,500 |

**Note:** Pennsylvania’s 15/30/5 minimums are among the **lowest in the nation**. Many accidents result in damages exceeding these limits. UM/UIM coverage is strongly recommended.

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## Statute of Limitations

Both PI and PD have the same 2-year deadline — one of the shorter windows among the 10 states covered.

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## Accident Reporting

**Pennsylvania’s 5-day reporting deadline is the shortest** among all states covered on this site. Do not wait.

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## First-Party Benefits (Mini-PIP)

Pennsylvania requires basic first-party benefits regardless of tort choice:

– **$5,000 medical benefits** — covers medical expenses regardless of fault
– **$5,000 income loss** — covers lost wages regardless of fault
– **$1,500 funeral benefits**

These are much lower than New York’s $50,000 PIP. Additional medical and income coverage can be purchased.

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## How Pennsylvania Compares

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## Key Concepts

### Choosing Your Tort Option

This decision affects your rights **before** an accident happens:

### Stacking

Pennsylvania allows **stacking** of UM/UIM coverage if you have multiple vehicles on your policy. This can significantly increase your available coverage. You may opt out for lower premiums.

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## Frequently Asked Questions

### What is the difference between Limited Tort and Full Tort?
**Limited Tort:** Lower premiums, but you can only sue for pain and suffering if your injury is “serious.” **Full Tort:** Higher premiums, but you can sue for pain and suffering from any injury.

### Can I change my tort option?
Yes, contact your insurer. The change takes effect on your next policy renewal. You cannot change retroactively after an accident.

### What qualifies as a “serious injury” under Limited Tort?
Death, serious impairment of a body function, or permanent serious disfigurement (75 Pa.C.S. § 1705). This is determined case by case.

### Why are PA’s minimums so low?
Pennsylvania’s 15/30/5 minimums have not been updated in decades. Legislative efforts to increase them have been ongoing. UM/UIM coverage is strongly recommended to protect yourself.

### How does the 5-day reporting deadline work?
File the **AA-600 form** with PennDOT within 5 days if damage exceeds $1,000 or anyone was injured. This is the strictest deadline among the 10 states covered here.

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## Related Guides

– [What to Do After a Car Accident in Pennsylvania](/pennsylvania/car-accident-guide/)
– [How to File an Insurance Claim in Pennsylvania](/pennsylvania/insurance-claim/)
– [Do You Need a Lawyer After a Car Accident in Pennsylvania?](/pennsylvania/do-i-need-a-lawyer/)

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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. Laws vary by state and change frequently. Always consult a licensed attorney in your state for advice specific to your situation. Last updated: March 2026.

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