Author: John Mattiacci | Owner Mattiacci Law
Published September 1, 2025
You may be wondering about the filing deadline for a Pennsylvania pedestrian accident claim and how to protect your rights. Most Pennsylvania pedestrian injury claims must be filed in court within two years of the crash, but certain notices and exceptions can shorten or extend your path—act early to keep all options open.
Having recovered tens of millions for clients over decades of advocacy across PA and NJ, I’ve seen firsthand how every case is unique. For a complimentary, no-obligation review of your specific situation, contact an experienced Pennsylvania personal injury attorney at 215-914-6919. In this article, I’ll explain the deadlines, key exceptions, and the steps that protect your claim from day one.
What Is the Statute of Limitations for Pedestrian Injury
The statute of limitations is the legal deadline to file a lawsuit. In Pennsylvania, most injury and wrongful death cases carry a two‑year limit starting on the crash date. Filing suit stops the clock and preserves your rights while negotiations continue. Waiting risks lost evidence and missed exceptions that could help you.
Why the Deadline Matters for Your Claim
Insurers know the clock is running. Offers often improve when they see the case will be filed on time with organized proof. Miss the statute and the claim is usually barred, no matter how strong the facts. Early action also protects surveillance video, phone data, and medical documentation that can vanish within days.
See the deadline rule here: 42 Pa.C.S. § 5524 two year limitation
What Steps Should You Take Before Time Runs Out
1. Get medical care promptly and follow provider advice. Consistent treatment strengthens causation and damages.
2. Open a police report and request the incident number. Ask about nearby cameras and body‑cam footage to secure early evidence.
3. Send preservation letters to businesses, transit, and property owners within 24 hours. Many systems overwrite within days.
4. Organize records weekly. Keep diagnoses, imaging, and work restrictions together for a clean submission to insurers.
5. Open UM or UIM claims when needed. Policies can have notice requirements that are shorter than the lawsuit deadline.
6. Calendar the two‑year statute and any special notice dates. I set reminders and double‑check time calculations.
7. Evaluate any injury to minors or discovery‑rule issues. These can change how the clock is measured in certain cases.
8. Ask your providers for short causation and work‑impact letters. Clear opinions reduce delays and low offers.
9. Prepare a demand range with comparable outcomes. Anchoring negotiations with data avoids unhelpful back‑and‑forth.
10. If needed, file suit well before the deadline. Filing preserves your rights and often prompts more serious settlement talks.
What Options Exist if the Deadline Is Approaching
- Filing a complaint to stop the clock while continuing to negotiate with the insurer or defense counsel.
- Seeking tolling where legally supported, such as certain fraud, concealment, or minority situations, after a careful review.
- Pursuing uninsured motorist arbitration when the at‑fault driver is unidentified or uninsured, which has separate policy timelines.
Pennsylvania Specifics That Influence Timing
Most cases use a two‑year limit, but some scenarios change how time is measured. Claims involving minors, certain discovery‑rule injuries, and cases with government entities can follow different notice or timing rules. Opening insurance claims early is smart because contractual deadlines may be shorter than the statute of limitations.
For statewide safety context often referenced in claims, review NHTSA pedestrian safety
Philadelphia maintains an active street safety program. For local data and initiatives, visit Vision Zero Philadelphia
Insurer Pushbacks and Practical Fixes
Common pushbacks include blaming pre‑existing conditions, arguing minor impact, or questioning treatment gaps. I counter with clear medical timelines, therapist function notes, and work verification. When a coverage issue stalls progress, we examine stacking and household policies to expand available limits.
Exceptions and Edge Cases That Change the Clock
Some injuries are discovered later, and the discovery rule can apply after a careful review. Claims for minors can have extended timelines. Government‑related claims may require fast notices before suit. Contract timelines for UM and UIM benefits often require earlier notice and proof. A quick review prevents avoidable time problems.
How Deadlines and Options Compare at a Glance
Use this simple table as an orientation tool. It shows how different timing rules and claim types can affect what you should do next.
| Claim Type or Scenario | Deadline or Rule | Recommended Action |
|---|---|---|
| Standard Pedestrian Injury Claim | 2 years from date of accident (42 Pa.C.S. § 5524) | File suit before deadline and preserve all records early |
| Claims Involving a Minor | Clock starts at age 18; extended statute applies | Evaluate minor’s injuries and track age-based tolling |
| Government Entity Involved | Notice of claim due within 6 months (per 42 Pa.C.S. § 5522) | Send formal notice quickly; preserve video or transit data |
| Uninsured/Underinsured Motorist (UM/UIM) | Follow policy deadlines—often 30 to 60 days for notice | Open claim ASAP; document all communications and proof |
| Discovery Rule Applies | 2 years from the date injury was discovered or should have been | Secure medical opinions to confirm delayed diagnosis timeline |
| Filing to Preserve Rights While Negotiating | Must file before expiration to toll statute | Use filing strategically when deadline nears and talks stall |
Protect Your Rights Now With a Clear 30 Day Plan
Deadlines should not cost you compensation. In week one I send preservation letters, open needed insurance claims, and map your exact statute and notice dates so nothing slips. We will review the police report, medical plan, and coverage so you see the cleanest path forward—no pressure to sign. If an offer arrives, I show you the math and options to improve it, and if the clock is tight, I file suit to protect your rights while negotiations continue. Start with Philadelphia personal injury attorney services or call 215-914-6919 for a free, same‑day deadline check.
Resources
- 42 Pa.C.S. § 5524 two year limitation
- Comparative negligence 42 Pa.C.S. § 7102
- NHTSA pedestrian safety
- Vision Zero Philadelphia
Further Reading
- Pennsylvania pedestrian laws
- How to obtain Pennsylvania accident reports
- Personal injury lawsuit process in Pennsylvania
- Comparative negligence in Pennsylvania