Pennsylvania car accident statute of limitations: two years and your tort option
Learn the Pennsylvania car accident statute of limitations and your tort option in one free call.
Pennsylvania gives you two years to sue for injuries or car damage, under 42 Pa.C.S. 5524. What sets this state apart is a box you ticked when you bought insurance. If you chose limited tort, you can only claim pain and suffering after a serious injury, with a few exceptions.
The deadlines in Pennsylvania
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Two years | 42 Pa.C.S. 5524(2) |
| Car or property damage lawsuit | Two years | 42 Pa.C.S. 5524(3) |
| Shared fault | Barred above 50 percent | 42 Pa.C.S. 7102 |
| Limited tort option | No pain and suffering claim without a serious injury | 75 Pa.C.S. 1705(d) |
| Minimum liability cover | $15,000 / $30,000 / $5,000 | 75 Pa.C.S. 1702 |
| Notice to a government unit | Six months | 42 Pa.C.S. 5522 |
Full tort or limited tort in Pennsylvania
Full tort keeps your right to sue for pain and suffering. Limited tort trades that right for a lower premium. You keep it only after a serious injury. The law defines that as death, serious impairment of a body function or permanent serious scarring, under section 1702.
Limited tort drops away if the driver at fault is convicted of drunk driving, drives a car registered in another state or has no insurance. It also does not apply if you were riding in a bus or other vehicle that is not a private car, under section 1705.
Six months to warn a Pennsylvania government unit
Hit by a city truck, a township plow or a PennDOT vehicle? You must file a written statement with that government unit within six months of the crash. For a state agency, a copy also goes to the Attorney General, under section 5522. A court can excuse a late notice for a good reason, but do not count on it.
Children and shared blame in Pennsylvania
A minor’s two years do not start until the 18th birthday, under section 5533. Fault is compared, too. You recover if your fault is not greater than that of the drivers you sue and your share comes off the award, under section 7102.
When to call a Pennsylvania car accident lawyer
Pennsylvania lets drivers carry as little as $15,000 per person and your own policy pays the first $5,000 of medical bills, under section 1711. Those small sums run out fast. An attorney can find your tort option, look for more coverage and file before the two years end. The call is free and you pay only if you win.
Other states: New York, New Jersey, Ohio, Maryland, Delaware or every state on one page.
Pennsylvania car accident statute of limitations questions
How long do I have to file a car accident lawsuit in Pennsylvania?
Two years from the crash for injuries and car damage, under 42 Pa.C.S. 5524. A family’s wrongful death claim also has two years.
How do I know if I have limited tort in Pennsylvania?
Check the declarations page of your auto policy. If you never signed the limited tort form, you are treated as full tort.
Is Pennsylvania a no-fault state?
Partly. Your own insurer pays first medical benefits whoever caused the crash and the tort option decides what else you can claim.
Before the clock runs out
Pennsylvania adjusters know which tort option you picked and they price offers around it. Call before you sign a release and a lawyer will read your policy and your offer free.
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