Blamed for a Sideswipe When the Other Driver Sped Up: Disputing Fault in Pennsylvania

Attorney Answer

It depends on who blamed you. If it was the police report, the report cannot be used as evidence in a lawsuit over the crash. If it was an insurance company, that is the company's claim decision, not a legal finding: you can dispute it with evidence, and if it is the other driver's insurer refusing to pay you, you can sue the other driver within two years and have a court decide fault on the evidence. Two of Pennsylvania's rules of the road fit a driver who sped up into you.

If the police report blamed you. 75 Pa.C.S. § 3751(b)(4):

(4) The copy of the report shall not be admissible as evidence in any action for damages or criminal proceedings arising out of a motor vehicle accident.

An officer who did not see the crash is giving an opinion, and the report itself stays out of a damages case.

If an insurer blamed you. An insurer's fault decision is how it handles the claim; it does not bind a court. In a lawsuit, fault is decided on the evidence under 42 Pa.C.S. § 7102(a), which reduces a driver's recovery by his or her own share of the fault and bars it only if that share was greater than the other side's.

The rules that fit. If you were passing the other car when it sped up, 75 Pa.C.S. § 3303(a) applies:

(a) General rule.-- The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations, exceptions and special rules stated in this chapter:

(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall not increase the speed of the vehicle until completely passed by the overtaking vehicle and shall give way to the right in favor of the overtaking vehicle on suitable signal.

The opening words matter: the rule is written for a driver being passed on the left. On a road with marked lanes, 75 Pa.C.S. § 3309 also applies to whoever left a lane:

Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others not inconsistent therewith shall apply:

(1) Driving within single lane.-- A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.

Where the damage is on each car often shows which one moved into the other.

If you were ticketed and paid it. 42 Pa.C.S. § 6142(a):

(a) General rule.-- A plea of guilty or nolo contendere, or a payment of the fine and costs prescribed after any such plea, in any summary proceeding made by any person charged with a violation of Title 75 (relating to vehicles) shall not be admissible as evidence in any civil matter arising out of the same violation or under the same facts or circumstances.

What you can do

1. Find out, in writing, who made the fault decision: the police, your insurer, or the other driver's insurer.

2. Gather evidence: photos of where each car was damaged, the names of witnesses, and any dashcam or nearby camera footage. Footage is often recorded over quickly, so ask for it now.

3. Get a copy of the police report.

4. If an insurer decided against you, ask it for the basis in writing and send it your evidence. If the other driver's insurer will not pay, a claim of up to $12,000 can be brought before a magisterial district judge under 42 Pa.C.S. § 1515(a)(3).

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A lawsuit for damage to a vehicle or other property must be filed within two years under 42 Pa.C.S. § 5524(3). A claim for an injury has the same two years under 42 Pa.C.S. § 5524(2).