What to Do After a Car Accident in Pennsylvania: A Comprehensive Guide

Navigating the aftermath of a car accident in Pennsylvania involves more than just exchanging information. Understanding the state's specific laws and procedures can significantly impact your recovery process and legal rights. Here's an in-depth look at critical steps and considerations:

1. Understand Pennsylvania's Choice No-Fault Insurance System

Pennsylvania operates under a unique "choice no-fault" insurance system. Drivers can select between:

Limited Tort Coverage: Restricts the ability to sue for pain and suffering unless the injury meets a "serious injury" threshold.
Full Tort Coverage: Preserves the unrestricted right to sue for all damages, including pain and suffering.

Your selection affects your legal options post-accident. It's crucial to know your policy type to understand your rights fully.

2. Report the Accident Promptly

State law mandates reporting accidents to the police if they result in injury, death, or significant property damage. If law enforcement does not investigate the scene, you're required to file a report with the Pennsylvania Department of Transportation (PennDOT) within five days.

3. Obtain the Official Crash Report

The police report is a vital document for insurance claims and potential legal actions. You can request a copy through the Pennsylvania State Police Crash Report Request system.

4. Be Aware of the Statute of Limitations

In Pennsylvania, you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can forfeit your right to seek compensation.

5. Consider Diminished Value Claims

Even after repairs, a vehicle's market value may decrease due to its accident history. Pennsylvania allows claims for this "diminished value," which can be a significant loss, especially for newer vehicles.

6. Evaluate Your Insurance Coverage

Pennsylvania requires minimum liability coverage of 15/30/5 ($15,000 per person, $30,000 per accident for bodily injury, and $5,000 for property damage). However, these limits may not cover all expenses in a severe accident. Assess your policy to ensure adequate protection.

7. Understand Comparative Negligence Rules

The state follows a modified comparative negligence rule. If you're found partially at fault, your compensation may be reduced proportionally. However, if you're more than 50% at fault, you cannot recover damages.

8. Document Everything

Thorough documentation can strengthen your claim:

Photographs: Capture vehicle damage, road conditions, and any visible injuries.
Witness Statements: Collect contact information and statements from witnesses.
Medical Records: Keep detailed records of all treatments and diagnoses.

9. Notify Your Insurance Company

Promptly inform your insurer about the accident. Provide factual information and avoid admitting fault. Delayed reporting can complicate your claim process.

10. Consult with a Personal Injury Attorney

Given the complexities of Pennsylvania's laws, consulting with an experienced personal injury attorney can be invaluable. They can guide you through the legal process, negotiate with insurance companies, and help secure fair compensation.

Need Legal Assistance?

If you've been involved in a car accident in Pennsylvania, understanding your rights and responsibilities is crucial. Our experienced attorneys are here to help you navigate the legal landscape and ensure you receive the compensation you deserve.

Contact us today for a free consultation.