Rear-End Collision in Pennsylvania: Fault, Laws, and What to Do (2026)

# Rear-End Collision in Pennsylvania: What You Need to Know

> **KEY FACTS:**
> – Rear driver is **presumed at fault**
> – Your **tort choice** (Limited vs Full) affects what you can recover
> – File AA-600 within **5 days** (strictest deadline)
> – First-party benefits: $5K medical regardless of fault
> – **51% fault bar** applies to liability claims

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## Fault in PA Rear-End Collisions

The rear driver is presumed negligent. Rebuttable if the lead driver stopped suddenly, had broken lights, or contributed.

### How Tort Choice Affects Rear-End Claims

**Full Tort holders:** Can sue for pain and suffering from any rear-end injury, including whiplash.

**Limited Tort holders:** Rear-end injuries like whiplash often do **not** qualify as “serious injury.” Fractures, permanent injury, and significant disfigurement do qualify. This means many Limited Tort holders cannot recover pain and suffering from common rear-end injuries.

**Exception:** Even Limited Tort holders can sue for pain/suffering if the rear driver was DUI, from out of state, or driving a commercial vehicle.

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## What to Do

1. Check for injuries, call 911
2. File **AA-600** with PennDOT within **5 days**
3. File first-party benefits claim ($5K medical, $5K income)
4. Document the scene — brake lights, damage, conditions
5. Seek medical attention — document everything for potential “serious injury” claim

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## Common Injuries

Whiplash, concussions, back injuries. Under Limited Tort, the medical documentation proving “serious impairment” is especially important.

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## Frequently Asked Questions

### Can Limited Tort holders sue for whiplash?
Often not, unless it rises to “serious impairment of a body function.” Full Tort holders can sue for any injury.

### How long to report?
**5 days** to PennDOT — the strictest deadline among all 10 states.

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## Related Guides

– [What to Do After a Car Accident in Pennsylvania](/pennsylvania/car-accident-guide/)
– [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. Always consult a licensed attorney in your state for advice specific to your situation. This is not medical advice. If you have been injured, seek immediate medical attention. Last updated: March 2026.