Pennsylvania Fault Rule
Modified Comparative Negligence (51% Bar) + Choice No-Fault: Pennsylvania utilizes a 51% comparative negligence bar and a unique "Choice No-Fault" insurance system where policyholders elect either Limited Tort or Full Tort coverage on their auto policy.
Statute of Limitations
2 Years (42 Pa.C.S. § 7102 & 75 Pa.C.S. § 1705): Claimants must finalize settlement agreements or initiate formal civil litigation within 2 years of the collision date.
Statutory Insurance Minimums
15/30/5 ($15k bodily injury / $30k per accident / $5k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in Pennsylvania
When negotiating auto accident claims in Pennsylvania, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under 42 Pa.C.S. § 7102, recovery is permitted if your negligence does not exceed 50%. Policyholders who elected "Limited Tort" can only recover pain and suffering if their injury meets the definition of "serious impairment of body function," whereas "Full Tort" policyholders retain unrestricted rights to non-economic compensation. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.