After a car accident in Pennsylvania, you can protect your rights by documenting every detail of the crash and starting a comprehensive file of evidence. The other driver's insurance company has a team of adjusters and lawyers focused on minimizing its financial exposure. A lawyer can manage these communications and build your case to counter the insurer's objectives.
Key Takeaways for Car Accidents in Pennsylvania
- Pennsylvania operates under a choice no-fault auto insurance system, meaning your ability to sue depends on the coverage you selected.
- You must report any accident that results in injury, death, or vehicle damage to the extent that it cannot be driven safely and requires towing.
- Strict deadlines, known as statutes of limitations, apply to your right to file a lawsuit, with even shorter deadlines applying to government claims and insurance notifications.
- Documenting everything, from your injuries and medical treatments to the daily impact on your life, provides crucial support for your claim.
- An experienced attorney handles communications with insurance adjusters and works to establish the full value of all your damages.
6 Steps To Take After an Auto Collision in Pennsylvania
If you’ve already taken the most important step of seeking medical attention, shift your focus toward protecting your legal and financial interests. The actions you take in the coming days and weeks directly impact the outcome of your claim.
1. Obtain the Official Police Report
A police accident report contains vital information, including the investigating officer's initial observations, driver and witness details, and sometimes a preliminary finding of fault. Law enforcement agencies in Pennsylvania usually require a few days to process these reports.
You can typically request a copy from the police department that responded to the scene.
2. Organize Your Medical Records and Expenses
Keep a dedicated file for every piece of medical documentation. This includes emergency room records, surgical reports, physical therapy notes, and prescription receipts.
Log every related expense, including:
- Treatment Costs: Ambulance fees, hospital bills, copays, and deductibles create a record of your medical damages.
- Assistive Devices: The cost of items like crutches, braces, or other necessary medical equipment adds to your claim.
- Travel Expenses: Track the mileage and cost of traveling to and from your medical appointments.
- Prescriptions: Maintain receipts for all medications prescribed to treat your accident-related injuries.
3. Document Your Lost Income
If your injuries prevent you from working, keep a precise log of your lost earnings. Request an income verification letter from your employer that confirms your pay rate and the dates you missed.
Track your:
- Missed Time: Note all the dates and hours you could not work because of your injuries.
- Used Benefits: Record any sick leave or vacation time you had to use to cover your absence.
- Lost Opportunities: Document any missed chances for overtime, bonuses, or commissions you typically would have earned.
- Self-Employment Losses: If you’re self-employed, list any contracts, projects, or jobs you had to decline due to your recovery.
4. Start a Daily Journal
Your memory of the accident fades over time, but your daily experience provides powerful evidence. A detailed journal connects your injuries to their real-world impact. Instead of writing "My back hurts," try something specific: "Sharp, shooting pain in my lower back, 8 out of 10. The pain prevented me from lifting my child and made sleeping for more than an hour impossible."
5. Limit Communication With the Other Driver's Insurer
The at-fault driver's insurance adjuster may contact you quickly. This person's job is to protect the insurance company, often by seeking information to devalue your claim. You don’t have to provide a recorded statement, and it’s wise to decline until you have retained legal counsel.
6. Contact a Car Accident Attorney
A Pennsylvania car accident attorney works to protect you from the insurance companies, taking over all communications. Your lawyer gathers evidence, calculates the total value of your claim, and fights for fair compensation.
What types of Damages Can I Recover After a Car Crash in Pennsylvania?
A successful personal injury claim recovers compensation for the full range of losses you experienced. These damages fall into specific categories that account for both your financial costs and the human impact of the collision. A thorough claim for compensation after a car accident in Pennsylvania addresses all of these areas.
Economic Damages
Economic damages represent the direct monetary costs associated with the accident and your injuries. These are tangible losses you can document with bills, receipts, and financial statements. A complete claim seeks recovery for both past expenses and those you’ll likely face in the future.
These damages cover:
- Medical Expenses: You can pursue compensation for all medical bills from the diagnosis, treatment, and rehabilitation of your injuries.
- Lost Earnings: Your claim includes the income you lost while unable to work.
- Reduced Earning Capacity: If your injuries permanently affect your ability to perform your job, you may recover damages for the loss of future income.
- Property Damage: This compensates you for the cost of repairing or replacing your vehicle and any other personal property destroyed in the crash.
Non-Economic Damages
Non-economic damages compensate you for the intangible ways the accident has diminished your quality of life. These losses are very real, even though they don’t come with a price tag. A pain journal and statements from friends and family help demonstrate the extent of these damages.
Examples of non-economic damages include:
- Pain and Suffering: This addresses the physical pain and emotional distress you have endured due to your injuries and the trauma of the accident itself.
- Scarring and Disfigurement: Significant scarring or disfigurement can cause embarrassment and loss of self-esteem, which are compensable losses.
- Loss of Enjoyment of Life: You can seek damages if your injuries prevent you from participating in hobbies, family activities, and other pursuits you previously enjoyed.
Pennsylvania’s Auto Insurance System Explained
Pennsylvania's choice no-fault insurance system presents a critical decision for all drivers when they purchase a policy. This choice directly impacts your rights following a collision. The system attempts to streamline the payment of medical bills while giving drivers control over their ability to sue for pain and suffering.
Full Tort vs. Limited Tort Options
When you buy auto insurance in Pennsylvania, you select either a full tort or limited tort option. This choice determines your legal rights to pursue compensation after an accident.
- Full Tort: This option preserves your unrestricted right to sue the at-fault driver for all damages, including medical bills, lost wages, and pain and suffering.
- Limited Tort: In exchange for a lower premium, this option restricts your right to sue. You can still recover your financial losses, but you cannot sue for pain and suffering unless your injuries meet the legal threshold of a serious injury.
How Your Insurance Choice Affects Your Claim
Your tort selection is one of the most significant factors in a car accident claim. If you chose limited tort, the other driver's insurance company may argue that your injuries aren’t serious enough to qualify for pain and suffering damages.
Your attorney challenges this by using medical evidence to prove your injuries have seriously impacted your life.
Critical Deadlines for Pennsylvania Accident Claims
The law imposes strict time limits on your right to take legal action. These deadlines, called statutes of limitations, make acting quickly essential. If you miss the deadline, the court can bar your case permanently. The standard statute of limitations for filing a personal injury lawsuit in Pennsylvania is two years from the date of the accident.
However, several exceptions can alter this timeframe:
- Minors: If the injured person is under 18, the statute of limitations may be paused until their 18th birthday. They then have two years from that date to file a lawsuit.
- Wrongful Death Claims: If an accident results in a fatality, the two-year deadline begins on the date of the person's death, not the date of the accident.
- Government Entities: The deadline is much shorter for a claim against a government body. You must file a formal notice of your intent to sue within just six months of the date the injury was sustained (or the claim accrued).
How Can a Pennsylvania Car Accident Lawyer Help My Claim?
A Pennsylvania car accident lawyer's role is to manage every aspect of your claim, so you can focus on healing. They handle the complex legal, procedural, and administrative work required to hold the at-fault party accountable.
Building a Powerful Case
An attorney launches a formal investigation. Your legal team can subpoena records, locate and interview witnesses, and may hire medical experts to build a case that clearly establishes fault and the full extent of your damages. This powerful evidence becomes the foundation for all negotiations.
Managing Deadlines
The legal system is a maze of deadlines and procedural rules. Your attorney manages your case calendar, ensuring every document gets filed correctly with the proper court or agency. This diligence protects your right to pursue the case through to a settlement or verdict.
Calculating Your Claim
Many accident victims only consider their current medical bills, but an experienced lawyer knows how to calculate the true cost of a car accident in Pennsylvania, including future medical treatment, lost earning capacity, and non-economic damages.
This comprehensive valuation ensures you pursue a settlement that covers all past, present, and future losses.
Handling All Communications
Your lawyer becomes the single point of contact for all insurance companies. This stops the adjusters' calls to you and prevents you from making statements that an insurer could use against you. An attorney handles all negotiations and protects you from lowball settlement offers.
Fighting for Compensation in Court
Sometimes, an insurance company refuses to make a fair settlement offer. When that happens, your attorney prepares your case for trial. They can file a formal lawsuit and fight for your compensation before a judge and jury, presenting the evidence and forcefully advocating on your behalf.
FAQ for Car Accidents in Pennsylvania
What Is the First Thing To Do After a Car Crash?
After addressing any immediate medical needs, report the crash to law enforcement if they didn’t arrive at the scene to create an official record. The police report helps your lawyer begin an investigation into the accident.
Do I Have To Report a Car Accident in Pennsylvania?
Yes, Pennsylvania law requires you to report any accident to the police that involves an injury or a fatality. You also must report any crash where a vehicle has damage so severe that it cannot be driven safely in its customary manner and requires towing.
Reporting even a minor car accident in Pennsylvania is a wise step that protects your right to seek compensation from an at-fault party.
Who Pays for My Medical Bills Initially?
In Pennsylvania, your own auto insurance policy's Personal Injury Protection (PIP) benefits are the primary source of payment for your initial medical bills. This is true regardless of who was at fault for the collision. You use your PIP coverage first before you can seek payment from other sources.
Can I Still File a Claim if I Was Partially at Fault?
Yes, Pennsylvania follows a modified comparative negligence rule, which allows you to pursue a claim as long as your percentage of fault is 50% or less. The amount you can recover gets reduced by your assigned percentage of fault.
What Is a Serious Injury Under Limited Tort?
The law defines a serious injury as one that results in death, serious impairment of a body function, or permanent severe disfigurement. If you have a limited tort policy, you cannot seek pain and suffering damages unless your injury meets this standard.
An attorney uses your medical records and expert testimony to argue that your injury qualifies.
Take Control of Your Recovery
Protecting your interests while you recover from a car accident in Pennsylvania demands proactive steps. Pribanic & Pribanic manages personal injury claims for people across the Commonwealth, working to secure our clients' financial stability.
If you were injured in a collision, learn more about your rights and legal options in a free consultation with one of our Pennsylvania car accident lawyers.