The Other Driver's Insurer Is Ignoring Your Claim After a Total Loss in Pennsylvania: Where to Go Next

Attorney Answer

You have three routes, and they can run at the same time. If you carry collision coverage, your own insurer can pay for the car now, less your deductible, and then pursue the other driver itself. Whatever you carry, Pennsylvania's claim-handling regulations require an insurer to acknowledge a claim within 10 working days and, if it cannot finish its investigation within 30 days, to explain why in writing every 45 days — and the Pennsylvania Insurance Department takes complaints when an insurer does not. And you can sue the other driver directly within two years. Keep paying the loan meanwhile: the lender is owed whatever happens with the claim.

What the other driver's insurer owes you as a claimant. Under 31 Pa. Code § 146.5(a), every insurer must acknowledge a claim within 10 working days of being notified, unless it pays within that time, and § 146.5(c) requires a reply within 10 working days to other communications from a claimant that reasonably call for one. Under 31 Pa. Code § 146.6, if the investigation cannot reasonably be completed within 30 days, the insurer must give the claimant a written explanation then, and every 45 days after, saying when a decision can be expected. These rules are written for “a claim” and “the claimant,” not only for an insurer's own policyholder. And under 31 Pa. Code § 146.7(e), an insurer negotiating with a third-party claimant who has no lawyer must give written notice at least 60 days before the time limit for suing runs out.

What that does not give you. Pennsylvania's bad-faith statute, 42 Pa.C.S. § 8371, protects an insurer's own policyholder. It does not give you a claim against the other driver's insurer. Your claim is against the other driver.

Your own coverage. If you carry collision coverage, it pays for your car now, less your deductible, and your insurer can then seek repayment from the other driver. If you or your passenger were hurt, your own auto policies pay first-party medical benefits first, under 75 Pa.C.S. § 1713(a).

Suing the other driver. 42 Pa.C.S. § 5524:

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

(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.

A claim of $12,000 or less can be brought before a magisterial district judge. 42 Pa.C.S. § 1515(a)(3):

(3) Civil claims, except claims against a Commonwealth party as defined by section 8501 (relating to definitions), wherein the sum demanded does not exceed $12,000, exclusive of interest and costs, in the following classes of actions:

The car and the loan. Keep the paperwork from the towing company, your purchase papers, your loan statements and any photos of the car: they are your proof of the car's condition and value. If you bought gap coverage with the loan, tell that company about the total loss too.

What you can do

1. Write to the other driver's insurer with your claim number, asking for a written status, and keep copies of everything you send.

2. If you get no reply, file a complaint with the Pennsylvania Insurance Department.

3. Call your own insurer and ask whether you have collision or rental coverage.

4. Keep paying the loan, and tell the lender about the claim.

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).