Suing a Hit-and-Run Driver Who Was Found, in Pennsylvania

Attorney Answer

Yes. A driver who leaves the scene is still liable for the injuries they caused, and finding them means you have someone, and usually an insurer, to claim against. The criminal case and your civil claim run separately. The criminal case can add restitution, but your own deadline does not wait for it.

The civil claim. Your claim is for the driver's negligence in running you over: your medical costs, lost income, and pain and suffering. It must be brought within two years under 42 Pa.C.S. § 5524:

The following actions and proceedings must be commenced within two years:

An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

Pain and suffering, and your tort option. If you carry a car insurance policy with limited tort, § 1705(d) bars pain-and-suffering damages unless the injury is a “serious injury.” 75 Pa.C.S. § 1702 defines that:

"Serious injury." A personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.

Whether a particular injury meets that definition is decided on the medical evidence. Limited tort also lifts if the at-fault driver had no insurance, or is convicted of or accepts ARD for DUI in that crash. If you own no car and no policy covers you, these limits don't apply to you at all, under 75 Pa.C.S. § 1705(b)(3).

The criminal side. Leaving the scene of a crash that injures someone is a crime in Pennsylvania. 75 Pa.C.S. § 3742(a) requires the driver to stop and remain until they have given information and rendered aid, and § 3742(b)(1) provides:

Except as otherwise provided in this section, any person violating this section commits a misdemeanor of the first degree.

Where the victim suffers serious bodily injury, § 3742(b)(2) makes it a third-degree felony with a mandatory minimum jail term. If the driver is convicted, 18 Pa.C.S. § 1106(a) requires restitution:

Upon conviction for any crime wherein: (1) property of a victim has been stolen, converted or otherwise unlawfully obtained, or its value substantially decreased as a direct result of the crime; or (2) the victim, if an individual, suffered personal injury directly resulting from the crime, the offender shall be sentenced to make restitution in addition to the punishment prescribed therefor.

Restitution is ordered in the criminal case, and it does not replace your civil claim.

Your medical bills now. If you were on foot and have no auto policy of your own, the policy on the car that hit you is in line for first-party medical benefits. 75 Pa.C.S. § 1713(a)(4):

For a person who is not the occupant of a motor vehicle, the policy on any motor vehicle involved in the accident.

If you do have a policy, your own insurer pays first.

What you can do

1. Get the police report and the criminal docket number.

2. Contact the district attorney's victim/witness office about the case and about restitution.

3. Open a first-party medical claim with your own insurer, or with the driver's if you have no policy.

4. Keep every medical record, bill and record of missed work.

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. Two years from the day you were hurt, under 42 Pa.C.S. § 5524(2). The criminal case does not pause that clock.