Which Insurance Comes First in Pennsylvania After an Auto Accident?

How Pennsylvania Determines the First Insurance Payment After an Auto Accident

When a car crash occurs in Pennsylvania, the state's "first insurer" rule dictates which policy pays first. The rule prioritizes the driver's liability coverage, then any uninsured/under‑insured motorist protection, followed by collision coverage, and finally any remaining policy limits. Knowing this sequence helps you file claims correctly and avoid delays.

1. Liability Coverage: The Primary Payor

Liability insurance protects the other party's injuries and property damage. In Pennsylvania, the at‑fault driver's liability limits are paid first, regardless of policy type. If the at‑fault driver is uninsured, the next step is the uninsured motorist coverage of the injured driver.

Key Points

• Liability limits: $25,000 per person, $50,000 per accident for bodily injury; $25,000 for property damage.
• Paid before any other coverage.
• Does not cover your own injuries or vehicle damage.

2. Uninsured / Under‑insured Motorist Coverage

If the at‑fault driver lacks insurance or has insufficient limits, Pennsylvania law requires the injured driver's uninsured/under‑insured motorist policy to cover the shortfall up to the policy limit.

When It Applies

• At‑fault driver has no policy.
• At‑fault driver's liability limits are less than the damages.

3. Collision Coverage: Vehicle Damage After Liability

Once liability and uninsured coverage have paid, any remaining damages to your vehicle are covered by collision insurance. This applies only if you have collision coverage and if the claim is not covered by liability.

Typical Collision Limits

• Up to the insured value of the vehicle, minus deductible.

4. Supplemental Coverage and Other Policies

After collision, the insurer may apply any remaining policy limits, such as comprehensive or other endorsements, if the claim still has unpaid amounts.

Examples

• Comprehensive for theft or weather damage.
• Personal injury protection (PIP) for medical costs.

5. Filing Your Claim: Step‑by‑Step

1. Contact your insurer immediately and provide all accident details.2. Submit police report, photos, and witness statements.3. Request a claim number and keep copies of all correspondence.4. Follow up regularly; most claims resolve within 30–60 days.

6. Common Pitfalls to Avoid

• Ignoring the first insurer rule can lead to delayed payments.• Failing to notify your insurer within 30 days may void coverage.• Not documenting all damages can result in denied claims.

7. Quick Reference Table

8. Resources and Further Reading

• Pennsylvania Department of Insurance: https://www.insurance.pa.gov/• Auto Insurance FAQ: https://www.insurance.pa.gov/auto