Auto Insurance Claims in Pennsylvania: Guide
Summary
Pennsylvania is a choice no-fault state that follows modified comparative negligence (51% bar), with minimum liability limits of 15/30/5 ($15,000 per person / $30,000 per accident / $5,000 property…
Pennsylvania Car Insurance Claims: Deadlines, Limits & Your Rights
Pennsylvania is a choice no-fault state that follows modified comparative negligence (51% bar), with minimum liability limits of 15/30/5 ($15,000 per person / $30,000 per accident / $5,000 property damage). Pennsylvania is a choice no-fault state. Drivers choose full tort or limited tort. PIP (called first-party medical benefits) is required. PA is a two-party consent recording state. Modified comparative negligence (51% bar) applies. Minimum coverage is 15/30/5.
How fault works in Pennsylvania
Pennsylvania is a choice no-fault insurance state, which means you elected either a no-fault or a traditional tort option when you bought your policy, and which one you chose controls whether you recover through your own PIP coverage or by pursuing the at-fault driver. Check your declarations page before you file.
You can recover as long as you were no more than 50% at fault; cross the 51% line and you recover nothing. Pennsylvania uses this more common version of the rule, so an even split of fault still leaves you able to claim.
Filing deadlines (statute of limitations)
Miss the deadline and you permanently lose the right to sue — adjusters know this and may run out the clock, so calendar these dates the week of your crash:
| Claim type | Deadline in Pennsylvania |
|---|---|
| Bodily injury | 2 years from the accident |
| Property damage | 2 years from the accident |
Statutory basis: Two-year statute. 42 Pa. C.S. 5524.
Minimum coverage required in Pennsylvania
Every Pennsylvania driver must carry at least:
- $15,000 bodily injury liability per person
- $30,000 bodily injury liability per accident
- $5,000 property damage liability
- Uninsured/underinsured motorist coverage is not required in Pennsylvania — but it's worth adding, since it pays when the at-fault driver has no insurance.
- Personal Injury Protection (PIP) is required in Pennsylvania — your own policy pays your medical bills first.
These are legal minimums, not recommendations; they often fall short of the cost of a serious crash.
Know your rights when dealing with adjusters in Pennsylvania
Pennsylvania is a two-party (all-party) consent state: you must have the adjuster's permission before recording a call. Insurers may record you after a verbal notice, so listen for it and ask for written confirmation of anything important.
Pennsylvania has a statutory bad-faith / unfair-claims-practices law, which can entitle you to penalties, interest, or attorney's fees when an insurer handles your claim improperly.
How to file your Pennsylvania claim, step by step
- Make the scene safe and call 911. Get to safety, check for injuries, and report the crash. A police report is one of the strongest pieces of evidence you can have.
- Document everything. Photograph all vehicles, the road, signage, and visible injuries; collect the other driver's insurance and license details and any witness contacts.
- Get medical care promptly. See a doctor even if you feel fine — gaps in treatment are the first thing insurers use to argue your injuries aren't serious.
- Notify your insurer. Report the crash quickly to satisfy your policy's notice rules, but stick to the facts and avoid speculating about fault.
- File and track the claim. Submit your claim, keep a written log of every call, and don't accept the first offer without checking it against your actual damages.
Where to get help in Pennsylvania
If an insurer won't deal fairly, your regulator is Pennsylvania Insurance Department. You can file a complaint at https://www.insurance.pa.gov/Consumers/File%20a%20Complaint/Pages/default.aspx. General information: https://www.insurance.pa.gov.
Key takeaways for Pennsylvania
- Pennsylvania is a choice no-fault state using modified comparative negligence (51% bar).
- You generally have 2 years to sue for injuries and 2 years for property damage.
- Minimum liability limits are 15/30/5.
- UM/UIM is optional but recommended. PIP is required.
- Your regulator for complaints is Pennsylvania Insurance Department.
Educational information, not legal advice. Laws change — confirm current rules with Pennsylvania Insurance Department or an attorney licensed in Pennsylvania. Last reviewed June 2026 · InsurifyAI Knowledge Hub.
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