Pennsylvania Car Accident Settlement Calculator: What Is Your Claim Worth?

1. The Limited Tort / Full Tort Election (75 Pa. C.S. § 1705). Pennsylvania is the only state in the country that requires drivers to make an affirmative tort election when purchasing auto insurance. Full tort preserves the unrestricted right to sue for pain and suffering. Limited tort restricts non-economic recovery unless the injury meets the § 1702 serious injury threshold or one of the six § 1705(d) exceptions applies. The election is printed on your policy declaration page and remains in force until you affirmatively change it.

Six § 1705(d) exceptions that override limited tort: Even if you elected limited tort, you recover as if you had full tort when: (1) the at-fault driver was convicted of DUI or accepted ARD; (2) the at-fault driver was uninsured; (3) the at-fault driver's vehicle was registered out of state; (4) you were a passenger in a taxi, rideshare, bus, rental vehicle, or any non-private-passenger vehicle; (5) you were a pedestrian or bicyclist; or (6) your injury qualifies as a "serious injury" under § 1702.

2. First-Party Medical Benefits — $5,000 minimum (75 Pa. C.S. § 1711). Pennsylvania requires all auto policies to include first-party medical benefits coverage of at least $5,000 (similar to personal injury protection in other states, but Pennsylvania calls it first-party medical benefits). This coverage pays your own medical expenses regardless of fault, up to the policy limit. Higher limits — up to $100,000 — are available and recommended for anyone with significant health care exposure.

3. Pennsylvania Insurance Minimums. Pennsylvania requires: bodily injury liability of $15,000 per person / $30,000 per accident; property damage liability of $5,000; and first-party medical benefits of $5,000 minimum. UM/UIM coverage is not mandatory but must be offered by all insurers. The $15,000 per-person minimum is the lowest in the six-state series and is frequently insufficient for serious injuries.

4. Modified Comparative Negligence — 51% Bar (42 Pa. C.S. § 7102). Pennsylvania follows modified comparative negligence. If you are 50% or less at fault, your recovery is reduced proportionally. If you are 51% or more at fault, you recover nothing. Insurance adjusters routinely inflate claimant fault percentages as a negotiating tactic — if fault is disputed, do not accept the insurer's assessment as final.

5. Statute of Limitations — 2 Years (42 Pa. C.S. § 5524). The standard deadline to file a personal injury lawsuit in Pennsylvania is two years from the date of the accident. Government entity exception: If your accident involved a government vehicle or government-maintained road, a written notice of claim must be filed within six months of the injury date under 42 Pa. C.S. § 5522(a). Missing this six-month deadline can permanently bar your claim — if a government entity may be involved, consult an attorney immediately.

Tort election (limited vs. full). The dominant factor. Full tort claimants can recover pain and suffering for any injury. Limited tort claimants must first establish that a § 1705(d) exception applies or that the § 1702 serious injury threshold is met — a threshold question that can significantly affect settlement value.

Injury severity and documentation. Especially critical for limited tort claimants. Diagnostic imaging (MRI, X-ray), treating physician opinions, and a documented record of functional impairment are the primary evidence used to establish the serious injury threshold. Gaps in treatment or failure to follow prescribed therapy weaken the threshold argument.

Medical treatment continuity. Consistent treatment through maximum medical improvement is essential for both establishing damages and demonstrating the severity of injury. Premature discharge from treatment or long gaps between visits are used by insurers to argue that the injury was not serious.

Comparative fault percentage. Your recovery is reduced by your fault percentage under 42 Pa. C.S. § 7102. A 30% fault finding on a $100,000 claim reduces recovery to $70,000; a 51% finding eliminates it entirely.

Insurance policy limits. The at-fault driver's bodily injury limit (minimum $15,000 in Pennsylvania) is the primary cap on third-party recovery. If you carry UM/UIM coverage, your own policy may provide additional recovery when the at-fault driver's limits are inadequate.

Venue. Philadelphia County and Allegheny County (Pittsburgh) juries have historically returned higher verdicts than rural Pennsylvania counties. Cases filed in either metro area tend toward the higher end of any given settlement range.