Do I need a lawyer after a car accident in Philadelphia?
The local steps are quoted from Philadelphia agency pages and the Pennsylvania rules from state law, each with a link. Checked September 17, 2026.
The short answer
Philadelphia is both the city and the county, and its courts are the First Judicial District. A crash claim of $12,000 or less goes to Philadelphia Municipal Court, Civil Division, which you can file yourself. Anything bigger goes to the Court of Common Pleas. Before any of that, the insurer will want the Philadelphia crash report, and if your car was towed the storage bill is growing while you decide. Nobody who is paid to take your case can tell you honestly whether you need one, so this page shows you the three things that actually decide it: what your own paperwork says, what Pennsylvania does about fault, and how much time is left.
Before you call anyone, get the report
Every insurer and every lawyer will ask for the crash report first. It is the document that says who the officer believed caused it. In Philadelphia you get it here.
Where your report comes from
Philadelphia crash reports come from the city Department of Records, not from the police. The city runs its own public safety reports site where you make an account and apply online.
“You can get copies of public safety records from the Department of Records.”
How long you wait for it
Wait 2 to 3 weeks after the crash before you ask for the report.
“PLEASE ALLOW 2 TO 3 WEEKS FROM DATE OF CRASH BEFORE APPLYING FOR COPIES.”
Whose name is on it
The Philadelphia Police Department covers the whole city. Call 911 for an emergency and 311 for non emergency police help.
The bill that grows while you decide
Towing and storage in Philadelphia
When police are called to a crash in Philadelphia, the city's rotational tow program sends an approved tow company and you get to say where in the city your car is taken. For a car under 11,000 pounds the tow is capped at $215 and storage at $25 for each 24 hours.
“$215 FLAT RATE for towing of motor vehicles weighing less than 11,000 lbs, and $25 per each 24hr period of storage”
Storage is charged by the day, and an impound lot can sell a car that nobody claims. That clock runs whether or not anyone has admitted fault, so deal with the car first and argue about blame after.
Where a Philadelphia case is filed, and when you don't need a lawyer at all
The court that would hear it
Philadelphia is both the city and the county, and its courts are the First Judicial District. A crash claim of $12,000 or less goes to Philadelphia Municipal Court, Civil Division, which you can file yourself. Anything bigger goes to the Court of Common Pleas.
“If the disagreement involves $12,000 or less, you can submit a Small Claims case to the Municipal Court.”
A small claim you file yourself costs a filing fee and an afternoon. A claim worth more than the small claims limit, or one where you are hurt, is the kind people bring a lawyer into. Neither choice is ours to make for you.
How fault changes what you get
If you were partly at fault
Pennsylvania uses modified comparative negligence with a 51 percent bar. You can recover money as long as your share of fault is not greater than the fault of the person you are suing. Your award is reduced by your own percentage of fault.
“the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff”
When you can sue the other driver
If you chose limited tort, you can only sue for pain and suffering if your injury counts as a serious injury, meaning death, a serious impairment of a body function, or permanent serious disfigurement, or if a specific exception applies, such as the other driver being convicted of DUI in the crash. If you chose full tort, or made no choice at all, you can sue for pain and suffering for any injury.
How long you have
- 2 years
- to sue for injuries42 Pa.C.S. Section 5524(2)
- 2 years
- to sue for car or property damage42 Pa.C.S. Section 5524(3)
- 2 years
- for a family to sue after a death42 Pa.C.S. Section 5524(2)
- 6 months
- to notify the government if a public vehicle or road was involved42 Pa.C.S. Section 5522(a)
How injury lawyers charge in Pennsylvania
Contingency fee rules
In Pennsylvania, a lawyer's contingency fee agreement must be in writing, must explain how the fee is calculated and what expenses come out of the recovery, and the lawyer must give the client a written statement at the end of the case showing the outcome and how the money was divided.
“A contingent fee agreement shall be in writing and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from the recovery, and whether such expenses are to be deducted before or after the contingent fee is calculated.”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
Other Pennsylvania rules that can change what you get
- When you may sue the other driver
If you chose limited tort, you can only sue for pain and suffering if your injury counts as a serious injury, meaning death, a serious impairment of a body function, or permanent serious disfigurement, or if a specific exception applies, such as the other driver being convicted of DUI in the crash. If you chose full tort, or made no choice at all, you can sue for pain and suffering for any injury.
75 Pa.C.S. Section 1702; Section 1705(d)
- If a Philadelphia vehicle or a road defect was involved
If a government vehicle or road is involved, you must file a written notice with the government office within 6 months of the crash, before you can sue. Missing this deadline can permanently bar the claim.
42 Pa.C.S. Section 5522(a)- If the insurer is the problem
You can file a complaint against an insurance company with the Pennsylvania Insurance Department online through its Consumer Services Online (CSO) Portal.
Pennsylvania Insurance Department, Consumer Help Center
Sources on this page
Each one was opened and checked on September 17, 2026.
- City of Philadelphia, Get a copy of a public safety report
- City of Philadelphia Department of Records, Application for Crash Report
- Philadelphia Police Department, PPD Contacts
- Philadelphia Municipal Court, Civil Division
- City of Philadelphia, Philadelphia Rotational Tow System Disabled Motor Vehicle Consumer Bill of Rights
The state law behind these steps
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.