No surcharge under $2,350

Pennsylvania car accident insurance laws

Written by Todd Whittington, Editor·Last reviewed October 19, 2026 Verified 2026-10-19

How long does an accident stay on your record in Pennsylvania? Pennsylvania sets no limit on your rate, but your insurer must tell you how many years its surcharge lasts; 3 is typical. PennDOT doesn't publish how long a crash stays on your driving record. Claims reports keep it up to 7 years.
Does Pennsylvania have accident forgiveness? Pennsylvania law doesn't require it. Progressive, GEICO, Nationwide, Farmers and Liberty Mutual say they offer it in Pennsylvania. It often costs extra or has to be earned, and the big insurers' versions cover one accident.
How much does insurance go up after an at-fault accident in Pennsylvania? About 49% a year on average for full coverage, nationally. Among the big insurers it runs from about 29% (State Farm) to 74% (GEICO). These are national figures; no insurer publishes its Pennsylvania number. Pennsylvania bars a surcharge unless you were at fault and your insurer paid more than $2,350 beyond your deductible.

What an at-fault accident costs with each insurer

Here is what each large insurer's rate typically does after one at-fault accident, and whether it offers accident forgiveness in Pennsylvania.

Insurer	Typical rise after one at-fault accident industry_typical	How long industry_typical	Accident forgiveness in Pennsylvania carrier_guidance
State Farm	29%	3 years	No product foundNo State Farm accident forgiveness product page was found (statefarm.com/insurance/auto/accident-forgiveness returns 404). State Farm advises checking whether your policy includes any forgiveness feature.
Progressive	50%	3 years	YesFree Small Accident Forgiveness (first claim of about $500 or less) and free Large Accident Forgiveness (5+ years as a customer, accident- and violation-free) through Loyalty Rewards; a paid add-on forgives one accident per policy period. Paid add-on not available in all states.
GEICO	74%	3 years	YesGEICO Claim Forgiveness waives the surcharge for the first qualifying at-fault loss, per policy (not per driver). Earned free after 5 years accident-free (may not apply under 21), or purchased.
Allstate	56%	3 years	Some states; askAllstate says forgiveness is not available in every state and does not name them; confirm it for Pennsylvania.
USAA	42%	3 years	Some states; askUSAA says forgiveness is not available in every state and does not name them; confirm it for Pennsylvania.
Nationwide	59%	3 years	YesNationwide lists Accident Forgiveness as an optional coverage on its Pennsylvania page.
Farmers	50%	3 years	YesOptional paid Accident Forgiveness on Farmers Flex Personal and Smart Plan Automobile policies forgives one at-fault accident every 3 years; Flex customers are offered it free after 36 continuous months.
Liberty Mutual	49%National average; Liberty Mutual isn't in the source table.	3 years	YesOptional Accident Forgiveness: your price won't go up because of your first accident. Requires 5 years accident- and violation-free (5 consecutive clean years for drivers 25 and under); new customers only per the footnote. Cost not stated.
Other / not sure	49%	3 years	Ask your insurerAsk whether your policy has accident forgiveness and whether you qualify.

industry_typical: the rise is computed from NerdWallet's national table of full-coverage rates (one at-fault accident with $10,000 of property damage), not from a Pennsylvania rate filing; we have not read any insurer's Pennsylvania filing yet. The length is the 3-year floor NerdWallet states. carrier_guidance: each insurer's own website, read October 19, 2026; the insurer name links to the page we read. NerdWallet source.

How long an accident affects your rate in Pennsylvania

No statutory limit in Pennsylvania; carriers typically use 3 years. No Pennsylvania statute or insurance rule we found caps how long an at-fault accident can raise your rate. Industry sources say a rate increase lasts at least three years, and some insurers look back five. industry_typical

“An at-fault accident can increase your auto insurance rates for at least three years, depending on your state and insurer.” — NerdWallet

Pennsylvania does not cap how many years an at-fault accident surcharge can last. Instead, your insurer must give you a written surcharge plan that says how many years any surcharge will last. You get it when you apply and at least once a year.

“the estimated increase of the surcharge per policy period per policyholder and the number of years a surcharge will be in effect.” — 31 Pa. Code § 67.34(a)

“during the preceding three-year period, the aggregate cost to the insurer for any person injured or property damaged is determined to be less than $650” — 75 Pa.C.S. § 1799.3(a)

Your rate is only one of three records. The others:

Your Pennsylvania driving record. Pennsylvania doesn't publish how long a crash stays on your driving record. Not verified
Your claims history (CLUE report). Insurers share claims through reports like LexisNexis C.L.U.E., which keeps up to seven years of auto claims. A new insurer will see a claim there even after your current one stops charging for it.

More on all three: how long an accident stays on your record.

Does Pennsylvania limit accident rate increases?

Pennsylvania law limits accident surcharges:

No premium increase without fault.
“unless it is determined that the insured was at fault in contributing to the accident giving rise to the claim” — 75 Pa.C.S. § 1793(a)(1)
Not-at-fault bar and deemed-not-at-fault list.
“An insurer may not assess a premium surcharge for the payment of a claim arising from one or more accidents where the insured was not at fault” — 31 Pa. Code § 67.33(b)
Cost threshold (base $650, CPI-indexed).
“aggregate cost to the insurer for any person injured or property damaged is determined to be less than $650 in excess of any self-insured retention or deductible” — 75 Pa.C.S. § 1799.3(a), (e)
Current threshold.
“Effective July 1, 2026, the Insurance Department (Department) has increased the threshold (cap) to $2,350.” — Pa. Ins. Dept. Notice 2026-01, 56 Pa.B. 156
60% recovery bar.
“reimbursed by or on behalf of the named insured or other resident operator for at least 60% of the total amount of the paid claim” — 75 Pa.C.S. § 1799.3(b)

No surcharge if the insurer recovers at least 60% of the paid claim. Insurers must disclose how many years a surcharge lasts; the law sets no maximum.

Does Pennsylvania regulate accident forgiveness?

Pennsylvania has no rule about accident forgiveness programs, but it does regulate surcharges. If your insurer adds a surcharge, it must tell you, explain how it was figured, and show the amount on every premium notice while the surcharge lasts. Insurers must also give every customer a surcharge disclosure plan each year.

“clearly identify the amount of the surcharge or rate penalty on the premium notice for as long as the surcharge or rate penalty is in effect.” — 75 Pa.C.S. § 1799.3(d)

“The surcharge disclosure plan shall be delivered to each insured by the insurer at least once annually.” — 75 Pa.C.S. § 1793(b)

“whether the insurer will assess a premium surcharge due to the payment of an at-fault accident by another insurer.” — 31 Pa. Code § 67.34(c)

How forgiveness works, and its catches: our accident forgiveness guide.

When you must report a crash in Pennsylvania

To the police

Call the police right away if anyone is hurt or killed, or if any car is too damaged to drive and needs a tow.

“shall immediately by the quickest means of communication give notice to the nearest office of a duly authorized police department if the accident involves:” — 75 Pa.C.S. § 3746(a)

To the state

If police did not come out to a crash that should have been reported to them (injury, death, or a car that needed a tow), each driver must mail a written crash report (form AA-600) to PennDOT within 5 days.

“If a police officer does not investigate an accident required to be investigated by section 3746” — 75 Pa.C.S. § 3747(a)

“send a Driver's Accident Report Form (AA-600) within five (5) days to:” — PA Driver's Manual, Chapter 4 (PennDOT)

“for which another penalty is not provided shall be sentenced to pay a fine of $25.” — 75 Pa.C.S. § 6502(a)

Reporting an accident is not the same as filing a claim

Reporting to the police or the state is the law. Telling your insurer about a crash is a condition of your policy: auto policies generally require prompt notice of an accident, even if you never ask them to pay. Filing a claim means asking your insurer to pay for damage. You can report a crash and still pay for your own repair. Not telling your insurer at all can backfire: if the other driver files against you later, your insurer can point to the notice clause.

“If you are involved in an auto accident, you should promptly report it to your insurance company, as well as to the local police department.” — New York Department of Financial Services, Filing Claims Under Your Own Policy

In Pennsylvania, a surcharge can only come from an at-fault accident where your insurer actually paid a claim, and the payout has to be over the state's dollar threshold. Reporting a crash with no paid claim cannot be surcharged. No surcharge is allowed if the insurer gets back at least 60% of what it paid, or if it only paid your own medical (first-party) claim.

“the claim resulting from that accident was paid in part or in whole by the insurer.” — 31 Pa. Code § 67.33(a)(1)

“shall not be made if the insurer is reimbursed by or on behalf of the named insured or other resident operator for at least 60% of the total amount” — 75 Pa.C.S. § 1799.3(b)

“No surcharge, rate penalty or driver record point assignment shall be made as a result of an insurer paying a first party medical claim.” — 75 Pa.C.S. § 1799.3(c)

“made a claim under the policy and was paid thereon unless it is determined that the insured was at fault” — 75 Pa.C.S. § 1793(a)(1)

If the other driver was at fault

If the other driver caused the crash, you may also be owed your car's lost resale value after the repair. We haven't verified Pennsylvania's diminished value rules yet; see the states we have checked.

What this means when you're deciding

Call the police right away if anyone is hurt or a car has to be towed. If police don't investigate that crash, send your own written report to PennDOT within 5 days.
Small claim? Your insurer can't surcharge you unless it paid more than $2,350 beyond your deductible, counting the past three years. Below that, filing doesn't add a surcharge.
Read the surcharge notice. Your insurer must tell you about a surcharge, explain how it was figured, and show the amount on your bill for as long as it lasts.
Not at fault? Pennsylvania lists cases that can't be surcharged, such as being lawfully parked or rear-ended, and bars a surcharge when the insurer gets back at least 60% of what it paid.
The other driver at fault? Claim against their insurer, and check whether your car lost resale value.

Your fault, or not sure? File a claim or pay the shop?

The collision calculator weighs what a claim pays after your deductible against what the accident adds to your premium, with your state's rules.

Run the collision calculator →

Not your fault? Check what your car lost in value.

The diminished value calculator runs the insurer's formula on your car and says whether a claim is worth your time.

Run the diminished value calculator →

Other states

Sources

Police report: 75 Pa.C.S. § 3746(a). Source. 75 Pa.C.S. § 3746(c). Source.
Report to the state: 75 Pa.C.S. § 3747(a). Source. PA Driver's Manual, Chapter 4 (PennDOT). Source. 75 Pa.C.S. § 6502(a). Source.
Driving record: we could not verify this against a primary source. Status is unverified only because no retention period could be found. That crashes appear on the record IS stated by PennDOT. The same newsletter says the state 'cannot place fault for the crash on a driving record.' It warns that insurers often assume a crash on the record was the driver's fault until they get the police report. PennDOT's DL-503 form says the 3-year driver record covers 'Departmental actions and violations for the past 3 years' and the 10-year record is for employment only. Neither mentions crashes or how long they stay. Searched: pa.gov and PennDOT driver-record pages, DL-503, Driver's Manual Ch. 4, and PennDOT points fact sheets.
How long an accident can affect rates: no Pennsylvania statute or rule found (we checked 75 Pa.C.S. § 1793(b)(2); 31 Pa. Code § 67.34(a)); the 3-year figure is industry_typical, from NerdWallet.
Reported but not claimed: 31 Pa. Code § 67.33(a)(1). Source. 75 Pa.C.S. § 1799.3(b). Source. 75 Pa.C.S. § 1799.3(c). Source. 75 Pa.C.S. § 1793(a)(1). Source.
Forgiveness and surcharge rules: 75 Pa.C.S. § 1799.3(d). Source. 75 Pa.C.S. § 1793(b). Source. 31 Pa. Code § 67.34(c). Source.
Rate-increase limits: 75 Pa.C.S. § 1793(a)(1) (source); 31 Pa. Code § 67.33(b) (source); 75 Pa.C.S. § 1799.3(a), (e) (source); Pa. Ins. Dept. Notice 2026-01, 56 Pa.B. 156 (source); 75 Pa.C.S. § 1799.3(b) (source); from our at-fault surcharge dataset.
Insurer figures: industry_typical, NerdWallet; forgiveness, carrier_guidance from each insurer's own site (linked in the table).

We read every cited source on October 19, 2026. We cite statutes, regulations and official state pages, not law-firm or comparison-site summaries. Anything we could not check against a primary source is marked "Not verified". Data: accident-state-rules.json.

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