So you’ve been in a car accident – what now? Questions are running through your head: Do I need a lawyer? What are my rights? What happens with insurance in Pennsylvania? This guide breaks down what you need to know in simple terms so you can make smart decisions without extra stress.
In Pennsylvania, you generally use your own insurance first after a car or motorcycle crash, no matter who caused it. You may also be able to pursue additional compensation from the at-fault driver for serious injuries, lost wages, and other losses. Pennsylvania gives you up to two years from the accident date to file a personal injury lawsuit.
How Auto Accident Claims Work in Pennsylvania
Pennsylvania uses a choice no-fault car insurance system. That means after most car crashes, drivers file medical and economic loss claims with their own insurer first, regardless of who was at fault. Your insurance covers medical bills and related costs up to your policy limits.
You have additional options for seeking compensation beyond your own policy:
- If your injuries are serious enough, you may be able to pursue damages from the other driver’s insurance.
- Pennsylvania allows lawsuits for pain and suffering and other non-economic losses if your injuries meet certain thresholds under full tort coverage.
The law also uses modified comparative negligence. That means if you’re more than 50 percent at fault for the accident, you likely cannot recover damages from others. If you are less than 50 percent at fault, you could receive compensation based on your percentage of fault.
Pennsylvania law generally gives you two years from the date of the accident to file a personal injury lawsuit. This is called the statute of limitations. You can lose your right to pursue compensation if you wait too long.
Helpful Reference: Insurance and Claim Differences
Not all insurance coverage works the same way after a car accident. The table below shows how the most common claim types differ and when each one typically applies.
| Type of Coverage/Claim | What It Helps With | When You Use It |
| PIP (Personal Injury Protection) | Medical bills and some lost wages | Filed first with your insurance |
| Bodily Injury Liability | Pays for others’ medical costs if you are at fault | Filed with at-fault driver’s insurer |
| Pain and Suffering Claims | Non-economic losses | If injuries meet threshold |
| Property Damage | Fixing or replacing your car | With at-fault driver’s insurer |
Frequently Asked Questions
Do I always file with my own insurance first in Pennsylvania?
Yes. Pennsylvania’s system means most medical and economic loss claims start with your own policy, no matter who caused the accident.
What if the other driver was clearly at fault?
You can pursue additional compensation from their insurer if your injuries are serious or your losses exceed what your policy covers.
How long do I have to take legal action?
You generally have two years from the crash date to file a personal injury lawsuit under Pennsylvania law.
Do I need a police report?
A police report is strong evidence in both insurance and legal claims, and Pennsylvania law requires reporting in serious cases within days if officers didn’t respond immediately.
Can I make a claim if I’m partially at fault?
Yes, as long as you’re not more than 50 percent at fault. Your recovery may be reduced by your share of fault.
What You Should Do Next
If you were injured or your life got disrupted by a crash in Chester County, Philadelphia, or Montgomery County, call our aggressive and effective personal injury lawyers to protect your rights and your future. A lawyer can assist with insurance claims, evidence, deadlines, and complex legal decisions—especially when serious injuries or disputes about fault are involved.