A crash claim that does not settle has to be filed somewhere. In Philadelphia County the choice is mainly between Philadelphia Municipal Court and the Court of Common Pleas, Trial Division-Civil, with a compulsory arbitration program for many mid-size Common Pleas cases. The dollar amount you demand, and the kind of defendant, drive that choice.
Both courts are part of the First Judicial District. The civil work happens in Center City, not at the criminal courthouse on Filbert Street. If you show up at the wrong building, you will spend a morning finding that out the hard way.
Municipal Court, up to $12,000
Section 1123 of Title 42 gives the Philadelphia Municipal Court jurisdiction of civil actions, except actions by or against a Commonwealth party as defined by section 8501, wherein the sum demanded does not exceed $12,000, exclusive of interest and costs, in assumpsit, in trespass (including all forms of trespass and trespass on the case), and for fines and penalties by a government agency. A crash injury claim is a trespass claim. A plaintiff may waive a portion of a claim of more than $12,000 so as to bring the matter within that monetary jurisdiction. The waiver is revoked automatically if the defendant appeals the final order.
In cases under that paragraph the defendant has no right of trial by jury in Municipal Court, but has the right to appeal for trial de novo, including the right of trial by jury, to the court of common pleas. The statute says the purpose of the paragraph is to establish an expeditious small claims procedure whereby it shall not be necessary for the litigants to obtain counsel. That is a statement of purpose, not a command that you appear without a lawyer.
The Municipal Court’s own page, at the Municipal Court site, describes small claims cases up to $12,000, and code enforcement cases up to $15,000. For a crash injury claim, stay with the $12,000 figure in section 1123. The Civil Division is at 1339 Chestnut St., Philadelphia, PA 19107, telephone 215-686-2910. The page lists weekday business hours of 8 a.m., closing at 5 p.m. Do not go to the Criminal Division at the Stout Center, or to the Traffic Division on Spring Garden Street, to start an injury suit.
The Court of Common Pleas, Trial Division-Civil
The Trial Division Civil Section’s page, at the civil court site, states that it has jurisdiction over civil claims involving amounts in excess of $10,000, along with actions at law and equity and appeals from Municipal Court and certain agencies. There is a modest overlap in the way the two courts describe their floors. The statute for Municipal Court is $12,000. A lawyer filing a particular complaint will choose the court that fits the demand and the defendant, including the Commonwealth-party exception in section 1123.
The Civil Filing Center is in Room 296, City Hall. The civil page lists weekday hours that run from 9 a.m., closing at 4:30 p.m. The contact block for Trial Division-Civil is Room 266, City Hall, Philadelphia, PA 19107, telephone 215-686-6652, with weekday business hours of 9 a.m., closing at 5 p.m. Filings may also be made through the court’s e-filing system when that system is available, or at the Civil Filing Center.
Compulsory arbitration at $50,000 or less
The same civil page says that all civil actions filed in the Court of Common Pleas of Philadelphia County with an amount in controversy of $50,000 or less, excluding equitable actions and claims to real estate, are assigned to compulsory arbitration. On the hearing date the parties report to the Arbitration Center, and the case is assigned to a panel of three court-certified attorneys. The Arbitration Center is at 1880 JFK Boulevard, 5th Floor, telephone (215) 686-9590.
Arbitration is still a Court of Common Pleas filing. It is a different hearing method for cases at or under that dollar mark, not a third trial court. Ask the lawyer who would file the case whether your demand puts you in Municipal Court, in Common Pleas arbitration or in a Common Pleas program above the arbitration amount.
Suburban counties use a different lower court
Outside Philadelphia, section 1515 gives magisterial district judges jurisdiction of civil claims, except claims against a Commonwealth party, wherein the sum demanded does not exceed $12,000, exclusive of interest and costs, including trespass. A crash in Media, Doylestown, Norristown or West Chester is a county case, usually in that county’s Court of Common Pleas if the demand is above $12,000, or in a magisterial district court if it is at or under that figure. Our area pages name the county for each town, based on official address geocoding, when that county is clear.
Wherever the case is filed, the Pennsylvania rules that decide the claim are the same. Limited tort, first-party benefits, the two-year deadline and the 51 percent fault rule do not change at the county line. What changes is the courthouse, the filing office and, for many smaller cases, whether you are in Municipal Court or a magisterial district court.
Offices move and hours change. Call the number on the court’s own page before you travel, and read the current local rules if you are filing without a lawyer.
A claim against a Commonwealth party cannot be started in Municipal Court under section 1123, so those cases belong in the Court of Common Pleas even when the dollar amount is modest. The six-month written statement in our government notice guide still has to be given first.
This site explains the structure. It is not a substitute for advice about where your particular complaint should go.