Car Accident Compensation in Pennsylvania | Guide 2026
By Sarah Chen, Legal Content EditorReviewed by James Patterson, JD
Published: May 8, 2026
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Start Free EvaluationPennsylvania has a unique "choice" system: when you buy insurance, you pick full tort or limited tort. This directly affects what you can claim. Modified comparative negligence with 51% bar (42 Pa.C.S. § 7102).
The Tort Choice System
- Full tort: You can sue for pain and suffering without restrictions. Slightly higher premiums.
- Limited tort: You can only sue for pain and suffering if injury is "serious." Lower premiums but limited rights.
Check your policy. If you chose limited tort and your injury isn't serious, your compensation may be significantly reduced.
Statute of Limitations
- Personal injury: 2 years (42 Pa.C.S. § 5524)
- Property damage: 2 years
- Wrongful death: 2 years
Average Settlements
| Injury Type | Range |
|---|---|
| Soft tissue | $12,000 – $40,000 |
| Moderate | $40,000 – $150,000 |
| Serious | $150,000 – $400,000 |
| Catastrophic | $400,000 – $5,000,000+ |
Insurance: 15/30/5
- $15,000/$30,000 bodily injury
- $5,000 property damage
- $5,000 medical PIP required
Updated May 2026. Sources: 42 Pa.C.S. § 5524, § 7102; Pennsylvania Bar Association.
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