Pennsylvania Car Accident Settlement Calculator
In Pennsylvania, you generally have 2 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $15,000/$30,000 in injury liability; it is a no-fault state, so your own PIP pays first. Enter your numbers below to see what a Pennsylvania claim may be worth and what you would actually take home.
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Pennsylvania rules in 30 seconds
Details & exceptions
Pennsylvania uses modified comparative negligence: an injured person can recover as long as their negligence is not greater than that of the defendant or defendants (so 50 percent or less), with damages reduced by their percentage of fault. At 51 percent or more, they recover nothing.
Details & exceptions
42 Pa.C.S. 5524(2) and (7): 2 years for injury to the person or death caused by negligence. 5524(3) and (7): 2 years for injuring personal property and other negligence-based property damage. Claims against government units: under 42 Pa.C.S. 5522(a), written notice must be filed with the government unit (and, for Commonwealth agencies, the Attorney General) within 6 months of the injury, or the suit is dismissed unless there is a reasonable excuse. Damages against the Commonwealth are capped at $250,000 per plaintiff and $1,000,000 per occurrence (42 Pa.C.S. 8528), and against local agencies at $500,000 per occurrence (42 Pa.C.S. 8553).
Details & exceptions
Property damage minimum: $5,000. 75 Pa.C.S. 1702 defines 'financial responsibility' as $15,000 for injury to one person, $30,000 for injury to two or more persons, and $5,000 for property damage per accident. The Pennsylvania Insurance Department auto guide gives the same 15/30/5 minimums and says a $35,000 combined single limit also satisfies them. The statute's history shows no amendment since 1990. Bills to raise the minimums (e.g. HB 1666 of 2025, raising property damage to $25,000) were reported as pending and not enacted.
Details & exceptions
Each named insured chooses a tort option. Full tort (the default if no choice is made) keeps an unrestricted right to sue for pain and suffering. Limited tort lets you recover economic loss, but you cannot sue for noneconomic loss (pain and suffering) unless you have a 'serious injury' (death, serious impairment of body function, or permanent serious disfigurement). Limited tort insureds keep full tort rights if the at-fault driver is convicted of or accepts ARD for DUI in that accident, was driving a vehicle registered in another state, intended to injure, or was uninsured, and in some other cases (e.g. vehicle defect claims against repairers/manufacturers). Sources: 75 Pa.C.S. 1705(a)(3), (c), (d) and 1702 ('serious injury'). The required PIP-equivalent is the $5,000 first-party medical benefit, which pays medical bills regardless of fault (75 Pa.C.S. 1711(a)).
Details & exceptions
No general cap for typical car accident injury claims. No cap on noneconomic damages in auto injury cases against private defendants. Pa. Const. art. III, sec. 18 provides that, outside workers' compensation, the General Assembly shall not 'limit the amount to be recovered' for injuries to persons or property. Exceptions: suits against government entities are subject to statutory damages caps ($250,000 per plaintiff / $1,000,000 aggregate for the Commonwealth, 42 Pa.C.S. 8528; $500,000 aggregate for local agencies, 42 Pa.C.S. 8553). Limited tort insureds generally cannot recover noneconomic damages at all without a serious injury (see no_fault).
Details & exceptions
75 Pa.C.S. 1731(a): insurers must offer uninsured and underinsured motorist coverage, but 'Purchase of uninsured motorist and underinsured motorist coverages is optional.' The named insured may reject each by signing the statutory rejection form (1731(b)-(c)).
Worked example: a typical Pennsylvania car accident claim
Another driver turned left into you at an intersection in Pennsylvania: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%. We assume your injury meets the state's serious-injury threshold.
- Economic damages$20,000Medical bills + expected future treatment + lost wages.
- Left after your own PIP pays$15,000Pennsylvania uses choice no fault insurance. Your own coverage pays up to $5,000 of economic losses, which is not claimed again from the at-fault driver.
- Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
- Total claim value$35,000 – $55,000Economic + pain and suffering.
- After your share of fault$28,000 – $44,000Pennsylvania uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
- Limited by available insurance$28,000 – $44,000At-fault policy limit $100,000 + your UM/UIM $0.
- Estimated take-home$17,760 – $28,480Minus attorney fee (33%), case costs and medical liens.
You would take home about $23,120 ($17,760 – $28,480), after the 33% fee and $1,000 in case costs, on top of the $5,000 your own PIP pays.
- At 51% fault instead: you would get nothing from the other driver under Pennsylvania's fault rule.
- If the other driver only had the minimum policy: the $15,000 limit caps the claim, so you would keep about $9,050 unless you have underinsured motorist coverage.
Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.
How much time do you have to file?
General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.
Deadline traps in Pennsylvania
The 2-year lawsuit deadline is not the only clock. These are the ones people miss:
File a written notice with the government unit within 6 months of the crash; for a Commonwealth (state) agency, also send it to the Attorney General. Missing it can get the suit dismissed unless you have a reasonable excuse. Suit within 2 years.
42 Pa.C.S. 5522, Six months limitation (Pennsylvania General Assembly)
Time while the child is under 18 doesn't count, so a child usually has until age 20 to sue. The 6-month government notice is not automatically extended for minors.
42 Pa.C.S. 5533, Infancy, insanity or imprisonment (Pennsylvania General Assembly)Nicole B. v. School District of Philadelphia (Pa. 2020), discussing minority tolling statute 5533(b)
How fast a Pennsylvania insurer must respond
Pennsylvania's unfair claims rules require every insurer to acknowledge a claim within 10 working days. The 15-working-day accept/deny rule protects policyholders; third-party claimants must get 60 days' notice before a time limit expires.
- Acknowledge your claim10 working days
- Accept or deny15 working days after proof of loss (first-party claimants only)
31 Pa. Code 146.5, File and record documentation; acknowledgment31 Pa. Code 146.7, Standards for prompt, fair and equitable settlements applicable to insurers
If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.
Next steps after a Pennsylvania crash
- Got an offer? Check if it's fair in Pennsylvania
- Write a demand letter
- How Pennsylvania's fault rule compares
- Whiplash claims
- Broken bone claims
- What a lawyer would cost
How no-fault insurance affects a Pennsylvania claim
In Pennsylvania, your own personal injury protection (PIP) coverage pays your medical bills and lost wages first, regardless of who caused the crash. You can generally pursue the at-fault driver for pain and suffering only if your injury meets the state's threshold. Tick the threshold box in the calculator if that applies to you.
Frequently asked questions
- What is a typical car accident settlement in Pennsylvania?
- It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault and your own PIP paying first, a Pennsylvania claim against the other driver is worth about $36,000, and the injured person takes home about $23,120 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Pennsylvania.
- Is Pennsylvania an at-fault or no-fault state for car accidents?
- Pennsylvania's car insurance system: Choice no-fault. Each named insured chooses a tort option. Full tort (the default if no choice is made) keeps an unrestricted right to sue for pain and suffering. Limited tort lets you recover economic loss, but you cannot sue for noneconomic loss (pain and suffering) unless you have a 'serious injury' (death, serious impairment of body function, or permanent serious disfigurement). Limited tort insureds keep full tort rights if the at-fault driver is convicted of or accepts ARD for DUI in that accident, was driving a vehicle registered in another state, intended to injure, or was uninsured, and in some other cases (e.g. vehicle defect claims against repairers/manufacturers). Sources: 75 Pa.C.S. 1705(a)(3), (c), (d) and 1702 ('serious injury'). The required PIP-equivalent is the $5,000 first-party medical benefit, which pays medical bills regardless of fault (75 Pa.C.S. 1711(a)).
- Is there a cap on pain and suffering in Pennsylvania car accident cases?
- No general cap for typical car accident injury claims. No cap on noneconomic damages in auto injury cases against private defendants. Pa. Const. art. III, sec. 18 provides that, outside workers' compensation, the General Assembly shall not 'limit the amount to be recovered' for injuries to persons or property. Exceptions: suits against government entities are subject to statutory damages caps ($250,000 per plaintiff / $1,000,000 aggregate for the Commonwealth, 42 Pa.C.S. 8528; $500,000 aggregate for local agencies, 42 Pa.C.S. 8553). Limited tort insureds generally cannot recover noneconomic damages at all without a serious injury (see no_fault).
- What happens if I was partly at fault for an accident in Pennsylvania?
- Pennsylvania follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
- How long do I have to file a car accident lawsuit in Pennsylvania?
- Generally 2 years for personal injury and 2 years for property damage. 42 Pa.C.S. 5524(2) and (7): 2 years for injury to the person or death caused by negligence. 5524(3) and (7): 2 years for injuring personal property and other negligence-based property damage. Claims against government units: under 42 Pa.C.S. 5522(a), written notice must be filed with the government unit (and, for Commonwealth agencies, the Attorney General) within 6 months of the injury, or the suit is dismissed unless there is a reasonable excuse. Damages against the Commonwealth are capped at $250,000 per plaintiff and $1,000,000 per occurrence (42 Pa.C.S. 8528), and against local agencies at $500,000 per occurrence (42 Pa.C.S. 8553).
- What is the minimum car insurance in Pennsylvania?
- $15,000 per person and $30,000 per accident for bodily injury, and $5,000 for property damage. 75 Pa.C.S. 1702 defines 'financial responsibility' as $15,000 for injury to one person, $30,000 for injury to two or more persons, and $5,000 for property damage per accident. The Pennsylvania Insurance Department auto guide gives the same 15/30/5 minimums and says a $35,000 combined single limit also satisfies them. The statute's history shows no amendment since 1990. Bills to raise the minimums (e.g. HB 1666 of 2025, raising property damage to $25,000) were reported as pending and not enacted.
- What is the deadline to file a claim against the government in Pennsylvania?
- 6 months. File a written notice with the government unit within 6 months of the crash; for a Commonwealth (state) agency, also send it to the Attorney General. Missing it can get the suit dismissed unless you have a reasonable excuse. Suit within 2 years.
- How long does an insurance company have to respond to a claim in Pennsylvania?
- Pennsylvania's unfair claims rules require every insurer to acknowledge a claim within 10 working days. The 15-working-day accept/deny rule protects policyholders; third-party claimants must get 60 days' notice before a time limit expires.
Related
- How much of a settlement you actually get
- Personal injury lawyer fees and fee calculator
- Pain and suffering calculator
- Compare car accident rules in every state
Official sources
- 42 Pa.C.S. 5522, Six months limitation (Pennsylvania General Assembly)
- 42 Pa.C.S. 5533, Infancy, insanity or imprisonment (Pennsylvania General Assembly)
- Nicole B. v. School District of Philadelphia (Pa. 2020), discussing minority tolling statute 5533(b)
- 31 Pa. Code 146.5, File and record documentation; acknowledgment
- 31 Pa. Code 146.7, Standards for prompt, fair and equitable settlements applicable to insurers
- 42 Pa.C.S. 7102, Comparative negligence (Pennsylvania General Assembly)
- 42 Pa.C.S. 5524, Two year limitation (Pennsylvania General Assembly)
- 42 Pa.C.S. 8528, Limitations on damages (Commonwealth)
- 42 Pa.C.S. 8553, Limitations on damages (local agencies)
- 75 Pa.C.S. 1702, Definitions ('Financial responsibility') (Pennsylvania General Assembly)
- Pennsylvania Insurance Department, Auto Insurance Guide (PDF)
- 75 Pa.C.S. 1705, Election of tort options (Pennsylvania General Assembly)
- 75 Pa.C.S. 1711, Required benefits (Pennsylvania General Assembly)
- 75 Pa.C.S. 1731, Availability, scope and amount of coverage (Pennsylvania General Assembly)
- Pennsylvania Constitution, Article III, Section 18 (Pennsylvania General Assembly)