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A Warrant Notice Months After a Crash You Thought Was Settled

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JV

Reviewed & verified by A. Jason Velez, Esq.*

Founding Attorney, 1LAW · Last reviewed January 2024

Legal Inquiry

Consumer Legal Issue

A couple of months ago I caused an accident while turning left. No one was injured and no ambulance came. My car was totaled, and the other car was barely damaged. The police came and wrote a report, and my insurance took care of everything. Yesterday I got an arrest warrant notice in the mail. I looked up the case, and it is about the accident. I never received a summons, and I thought the accident had been resolved through insurance. What should I do now?

Attorney Answer

Insurance resolved the money side of the crash. It cannot resolve anything the police filed. That is a separate case, between you and the Commonwealth, and the warrant notice means the court has it open and is waiting on you. This is a call to make to a Pennsylvania lawyer today, not something to wait out.

Two tracks, and insurance only touches one. When your insurer paid for the damage, it settled the other driver's claim for money. A traffic citation or a criminal charge from the same crash is not a claim your insurer can pay off or settle. It stays open until it is answered in court, whatever happened with the insurance.

What the docket tells you. You have already found the case. The docket sheet lists the charge, the statute and the court, and those decide what happens next. A summary traffic offense under the Vehicle Code is the least serious class. Anything listed as a misdemeanor is more serious. Either way, a lawyer can usually find out quickly what the warrant is for and how it can be resolved.

Why it matters beyond the warrant. Not responding to a Vehicle Code citation has its own consequence, under 75 Pa.C.S. § 1533(a):

The department shall suspend the operating privilege of any person who, upon being duly notified by an issuing authority or a court of competent jurisdiction of this Commonwealth, has failed to take any of the following actions: (1) Respond to a citation or summons to appear before the issuing authority or court for a violation of this title, other than parking.

So an unanswered citation can lead to a suspended license, as well as a warrant.

On the missing summons. Notices often go astray when an address on file is out of date. Your lawyer will want to know every address the court, PennDOT and the police might have had for you.

What you can do

1. Keep the warrant notice, and print the docket sheet you found.

2. Call a Pennsylvania criminal defense or traffic lawyer today. Many resolve warrants like this quickly, and they can contact the court for you.

3. Don't discuss the accident with the police before you have spoken to that lawyer.

4. Check your license status with PennDOT online.

5. Make sure the court and PennDOT have your current address.

⏱ Time limits apply. A warrant stays active until the court clears it. And under 75 Pa.C.S. § 1533(a), PennDOT suspends the license of a person who, once duly notified, has not responded to a citation. Each day of delay adds risk. If a citation from the crash is resolved, a guilty plea or payment of the fine is not admissible in any civil case over the same facts, under 42 Pa.C.S. § 6142(a).

A Pennsylvania attorney can tell you quickly what the docket shows and what clearing the warrant will involve, and most will discuss a matter like this at no cost.

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Courts & Legal Aid in Pennsylvania

Frequently Asked Questions

Does an insurance settlement resolve a traffic citation in Pennsylvania?

No. An insurance payment settles a claim for money between the parties; a citation or criminal charge from the same crash is a separate case between the driver and the Commonwealth and remains open until answered in court.

What happens if a driver does not respond to a Pennsylvania traffic citation?

Under 75 Pa.C.S. § 1533(a), PennDOT suspends the operating privilege of a person who, after being duly notified, fails to respond to a citation or summons for a Vehicle Code violation other than parking, or fails to pay the fine, costs or restitution imposed.

Can a guilty plea to a traffic citation be used in a civil case in Pennsylvania?

No. 42 Pa.C.S. § 6142(a) makes a guilty or nolo contendere plea, or payment of the fine after such a plea, in a summary Vehicle Code proceeding inadmissible in any civil matter arising out of the same facts.

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