If the driver who caused your crash leaves Pennsylvania, you can usually still pursue your claim here. In most cases, the two-year statute of limitations keeps running, because Pennsylvania courts can still reach a driver who caused a crash in the state and serve them out of state. Their insurance policy also stays in place for the crash. Speak with a Pennsylvania car accident attorney before assuming you have extra time.
Many people hear that a statute of limitations can pause when the other side leaves the state. Pennsylvania has that rule, but it rarely helps injured drivers. Relying on it can cost you your case. This article explains how the rule really works and what to do if the person who hit you has moved away. For the basic deadlines that apply to injury claims, see our article on the Pennsylvania statute of limitations for personal injury claims.
Why This Comes Up So Often in South Central Pennsylvania
Our offices in Hanover, York, Gettysburg, and other south central communities sit just north of the Maryland line. Many drivers on Route 94, Route 15, and Interstate 83 live in Maryland or are passing through on their way to another state.
Other drivers move after a crash for work, school, or family reasons. Either way, injured people often worry that their case disappears once the driver is gone. It does not.
Pennsylvania’s Absence Rule and Its Big Exception
Under 42 Pa.C.S. § 5532, if a person leaves Pennsylvania after a claim arises and stays away continuously for four months or more, the time they spend outside the state can be excluded from the limitations period. On its own, that sounds like it would give you more time.
The same statute includes an important exception. The absence rule does not apply when you can obtain jurisdiction over the defendant without personally serving them in Pennsylvania.
That exception covers most car crash cases. Pennsylvania’s long-arm statute allows courts to exercise jurisdiction over people who cause harm through acts in the state, and it allows service of process outside Pennsylvania. A driver who caused a crash on a Pennsylvania road can usually be served in Maryland, Virginia, or wherever they now live.
The practical takeaway: in most cases, plan as though you still have only two years from the date of the crash.
Where You Can File Your Lawsuit
When a crash happens in Pennsylvania, you can usually file the lawsuit in the county where it happened, such as York, Adams, Cumberland, or Franklin County. The out-of-state driver is then served where they live under the rules for service outside Pennsylvania.
In some cases, it may also be possible to file in the driver’s home state. That choice can change which court rules and deadlines apply. Don’t assume a longer deadline in another state will help without legal advice first.
What Happens to the Driver’s Insurance
The good news for most injured people is that insurance follows the crash, not the driver’s address. The policy that covered the vehicle on the date of the crash remains responsible for the claim, even if the driver later moves or switches insurers.
Out-of-state insurers handle Pennsylvania claims every day. Your claim can move forward through negotiation with that insurer while we track the deadline in the background.
When the Driver Cannot Be Found
Sometimes the bigger problem is finding the driver. They may have left no forwarding address or may be avoiding contact. Steps that can help include:
- Using the police crash report, which lists the driver’s address, license, and insurance at the time
- Working with the driver’s insurance company, which has a duty to cooperate in defending its insured
- Hiring an investigator or using motor vehicle and court records to locate a current address
- Asking the court for permission to use an alternative method of service when normal service fails
If you never identified the driver, as in a hit-and-run, your own uninsured motorist coverage may provide compensation. Our car accident team can review your policy and explain your options.
Steps to Protect Your Claim
- Get the police report as soon as it is available.
- Write down the driver’s name, address, license number, plate, and insurance information.
- Notify your own insurer promptly about the crash.
- Calendar the two-year deadline from the date of the crash.
- Contact an attorney early, before the driver becomes harder to locate.
Did the driver who hit you move away or live out of state? Mooney Law represents injured people throughout south central Pennsylvania. Call 717-632-4656 for a free consultation.
Frequently Asked Questions
Does the statute of limitations stop if the at-fault driver moves out of Pennsylvania?
Usually not. Pennsylvania law can exclude time a defendant spends outside the state, but that rule does not apply when a Pennsylvania court can still obtain jurisdiction over the defendant without serving them inside Pennsylvania. A driver who caused a crash here can typically be served out of state, so the two-year clock usually keeps running.
Can I sue an out-of-state driver in Pennsylvania?
Yes. Pennsylvania courts can generally exercise jurisdiction over a person who causes harm through an act in Pennsylvania, including a car crash. You can usually file the lawsuit in the county where the crash happened, and you can serve the driver where they now live.
Will the other driver’s insurance still pay if they leave the state?
Moving does not cancel the insurance coverage that was in place on the date of the crash. Claims are made against the policy that covered the vehicle at the time, regardless of where the driver lives today.
What if I cannot find the driver at all?
An attorney can use investigators, motor vehicle records, and the driver’s insurer to locate them. If the driver truly cannot be identified, such as after a hit-and-run, your own uninsured motorist coverage may apply. Report hit-and-run crashes to police promptly, because insurers often require it.
Talk to a Pennsylvania Car Accident Lawyer
An out-of-state driver does not have to derail your case, but waiting on the wrong assumption can. Our personal injury attorneys can locate the driver, deal with their insurer, and file in the right court before time runs out.
Call 717-632-4656 for a free consultation with Mooney Law. Mooney Law, 230 York Street, Hanover, PA 17331.
