Hit and Run in Philadelphia: Penalties, Suing, and Victim Options

A hit and run in Philadelphia is prosecuted under Pennsylvania’s Vehicle Code, and the penalty depends almost entirely on what the fleeing driver left behind. Hitting an unattended parked car and driving off is a $300 summary offense. Leaving a scene where someone died is a second-degree felony with a mandatory three years in prison. Between those poles sit two more tiers, plus a separate license suspension from PennDOT and a two-year window for the victim to sue.

What the Law Requires After a Crash

Pennsylvania sets different duties depending on the crash. If anyone is injured or killed, the driver must stop immediately, stay at the scene, share information, and help the injured.¹ If the crash only damages an occupied vehicle or attended property, the driver still has to stop and exchange information.² If the vehicle or property was unattended, the driver has to find the owner or leave a written note with name, address, insurance information, and registration number, and also notify the nearest police department.³

Sharing information means name, address, registration number, and proof of insurance. When someone is hurt, reasonable help is also required, which can include arranging transportation to a hospital if the injury obviously needs treatment or the injured person asks.⁴ Skipping any of that is what turns an accident into a hit and run.

Criminal Penalties by Tier

Unattended Vehicle or Property

Hitting a parked car or a fixed object and driving off without leaving a note or notifying police is a summary offense. Maximum $300 fine, up to 90 days in jail.³

Attended Vehicle or Property

Fleeing after damaging an occupied vehicle or attended property is a third-degree misdemeanor. Fine up to $2,500, jail up to one year.²

Bodily Injury

If anyone suffers a physical injury and the driver leaves, the baseline charge is a first-degree misdemeanor.¹ Under Pennsylvania’s general sentencing rules, that allows up to five years in prison and a fine up to $10,000.⁵ No mandatory minimum applies at this tier, so judges have more discretion than at the felony levels.

Serious Bodily Injury

When the injury is serious, meaning substantial risk of death, permanent disfigurement, or long-term impairment of an organ or body part, the charge becomes a third-degree felony. The court must impose at least 90 days in jail and a $1,000 fine, and no judge can go below those floors or substitute probation.¹ The maximum is seven years and a $15,000 fine.⁶

Death

If the victim dies, the offense is a second-degree felony with a mandatory minimum of three years in prison and a $2,500 fine. Sentencing guidelines include an additional enhancement when the death results from the act of fleeing itself.¹⁶⁵

License Suspension

PennDOT acts separately from the criminal court. A conviction for leaving a crash involving injury or death triggers an automatic one-year suspension. A conviction for fleeing a property-damage-only crash with an attended vehicle brings a six-month suspension.⁷

Restoration is not automatic. PennDOT sends a restoration requirements letter about 30 days before your eligibility date, listing the steps to complete and a restoration fee.⁸ The fee varies by circumstance; you can check your specific requirements online through PennDOT for free.⁹ The suspension also stays on your driving record for years, which can raise insurance rates and affect employment.

Commercial Drivers

A CDL holder faces a separate federal disqualification on top of the state penalty. A first conviction for leaving the scene disqualifies the CDL for one year, or three years if hazardous materials were being hauled. A second disqualifying offense of any kind results in a lifetime CDL ban.¹⁰

Reporting a Hit and Run as the Victim

If someone is injured and the crash just happened, call 911. For non-emergency situations or a crash discovered afterward, the Philadelphia Police Department does not accept reports by phone or online. You have to visit a police district in person or call 911 to have an officer come to you.¹¹ Philadelphia has 21 police districts, and the report goes to the one covering the area where the crash occurred.¹²

Bring what you have: exact location with nearby intersections or landmarks, time and date, and any vehicle details such as make, model, color, or partial plate. A description of the driver and contact information for witnesses helps investigators considerably. You’ll receive a report number; save it, because your insurer will need it. The written report itself usually takes several weeks.

Separately, if police did not investigate at the scene, Pennsylvania requires the driver involved to file a written report within five days on form AA-600.¹³¹⁴ Missing that window doesn’t kill a later civil claim, but it creates trouble with both PennDOT and your insurer.

Suing the Driver Who Fled

Criminal charges punish the driver. A civil suit is how you recover money for what the crash cost you. Pennsylvania gives you two years from the date of the accident to file for personal injury or property damage.¹⁵ For a wrongful death claim, the two years run from the date of death. Miss the deadline and courts almost always dismiss.

A few situations pause the clock. If the victim is a minor, it doesn’t start until they turn 18. If the at-fault driver leaves the state or hides, that time generally doesn’t count. Mental incapacity can also delay the start until the person is able to pursue the claim.

Juries in hit-and-run cases sometimes award punitive damages on top of compensation for medical bills, lost income, and property repair. They aren’t guaranteed, but the act of leaving an injured person without help is the kind of conduct that makes juries willing to impose them.

When the Driver Is Never Found

Many Philadelphia hit-and-run cases end without identifying the other driver. Your own policy then becomes your primary recovery.

Uninsured Motorist Coverage

Pennsylvania requires every auto insurer to offer uninsured motorist (UM) coverage, but policyholders can reject it in writing. If you carry UM and the at-fault driver can’t be found, it covers injuries, lost wages, and pain and suffering up to your policy limits. If you signed a written waiver rejecting it, you don’t have that coverage. Many drivers don’t remember one way or the other; check your declarations page now rather than after a crash. If the insurer can’t produce a valid signed rejection, the law treats the policy as carrying UM at the same level as your bodily injury liability limits.¹⁶

Victims Compensation Assistance Program

If you were physically injured in a hit and run and the driver isn’t identified or can’t pay, Pennsylvania’s Victims Compensation Assistance Program may reimburse out-of-pocket costs including medical copays, out-of-network costs, lost earnings, and counseling. The crime must have been reported to police, you must cooperate with the investigation, and the claim must be filed within five years. There is a $50 minimum loss threshold for applicants under 60.¹⁷ The program does not cover property damage to your vehicle.

1
Pennsylvania General Assembly. Pennsylvania Code 75 3742 – Accidents Involving Death or Personal Injury
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Pennsylvania General Assembly. Pennsylvania Code 75 3743 – Accidents Involving Damage to Attended Vehicle or Property
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Pennsylvania General Assembly. Pennsylvania Code 75 3745 – Accidents Involving Damage to Unattended Vehicle or Property
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Pennsylvania General Assembly. Pennsylvania Code 75 3744 – Duty to Give Information and Render Aid
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Pennsylvania General Assembly. Pennsylvania Code 18 1101 – Fines
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Pennsylvania General Assembly. Pennsylvania Code 18 1103 – Sentence of Imprisonment for Felony
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Pennsylvania General Assembly. Pennsylvania Code 75 1532 – Revocation or Suspension of Operating Privilege
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Commonwealth of Pennsylvania. License Suspensions
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Commonwealth of Pennsylvania. Pay Your Drivers License Restoration Fee
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eCFR. 49 CFR 383.51 – Disqualification of Drivers
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Philadelphia Police Department. Frequently Asked Questions
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Philadelphia Police Department. Districts List
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Commonwealth of Pennsylvania. Motor Vehicle Miscellaneous FAQs
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Commonwealth of Pennsylvania. Drivers Accident Report Form AA-600
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Pennsylvania General Assembly. Pennsylvania Code 42 5524 – Two Year Limitation
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Pennsylvania General Assembly. Pennsylvania Code 75 1731 – Availability of Uninsured Motorist Coverage
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Commonwealth of Pennsylvania. Apply for Victims Compensation