Q: Hi, how long does an PA officer have to issue a traffic summons in a crash investigation? My insurance co. says 2 days.
We were struck in the rear wheel area by a speeding motorist after we turned left from a stop sign. Both cars are not drive and hers was towed from the scene. The police assigned fault to the other driver citing excessive/unsafe speed (she is vehicle #1 on report). The police however advised that because they did not witness the crash they would not issue the driver a summons. It took 1 full week for the report to be completed and become available. Now her insurance is denying the claim saying they are discounting the police report and siding with their insured who claims she was traveling the posted 25 mph speed. I drive a Toyota van and she a PT Cruiser and at 25 mph both are totaled? Questionable speed for sure. That aside, I figure a traffic summons filed against her considering the police determined she caused the crash should bolster my case with insurance and potentially with a civil case should it come to that. So back to my question, what is the time frame police have?
A:
Here's the operative statute:
§ 5553 Summary offenses involving vehicles
(a) General rule. Except as provided in subsection (b) or (c), proceedings for a summary offense under Title 75 (relating to vehicles) must be commenced within 30 days after the commission of the alleged offense or within 30 days after the discovery of the commission of the offense or the identity of the offender, whichever is later, and not thereafter.
(b) Deleted by 2004, Nov. 29, P.L. 1364, No. 176, § 1, imd. effective.
(c) Exceptions
(1) Where proceedings are timely commenced against a person reasonably believed to have committed the summary offense or offenses charged and it subsequently appears that a person other than the person charged is the offender, proceedings may be commenced against the other person within 30 days after the identity of the person is discovered and not thereafter.
(2) Proceedings for summary offenses under Title 75 may be commenced within 365 days after the commission of the offense, the discovery of the commission of the offense or the discovery of the identity of the offender, whichever is later, and not thereafter if the offense involved an accident resulting in the bodily injury or death of any person.
(3) Where a police officer reasonably believes that there are multiple summary offenses arising out of the same conduct or the same criminal episode and that an offense under 75 Pa.C.S. § 1543 (relating to driving while operating privilege is suspended or revoked) has occurred, proceedings on all summary offenses arising from the conduct or episode may be commenced at the same time and must be commenced within 30 days after the commission of the alleged offenses or within 30 days after the discovery of the commission of the offenses or the identity of the offender or within 30 days after the police officer receives verification of the basis for the suspension from the Department of Transportation as required under 75 Pa.C.S. § 1543(d), whichever is later, and not thereafter.
(d) Local ordinances on overtime parking. Local ordinances pertaining to overtime parking shall be subject to the provisions of this section.
(e) Disposition of proceedings within three years. No proceedings shall be held or action taken pursuant to a summary offense under Title 75 subsequent to three years after the commission of the offense.
So, 30 days if there was no bodily injury; 1 year if there was. Best of luck to you.
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