FAQ Guide to Motor Vehicle Accidents in Pennsylvania

A motor vehicle accident can leave you dealing with injuries, vehicle damage, medical bills, insurance calls, missed work, and uncertainty about what to do next. Pennsylvania accident claims can be especially confusing because the state uses a combination of first-party insurance benefits and fault-based claims against negligent drivers.

The steps you take after a crash can affect both your health and your ability to pursue compensation. This guide answers common questions about Pennsylvania car, truck, motorcycle, and other motor vehicle accidents. It is general information, not legal advice for a specific case.

What Should I Do Immediately After a Pennsylvania Crash?

 

Your first priority is safety. If anyone is injured, call 911 and request police and medical assistance. If the crash does not involve injury or major vehicle damage, PennDOT recommends moving vehicles from the roadway when it is safe to do so, exchanging driver, insurance, and vehicle information, documenting visible damage, and noting what happened. For more serious crashes, remain at the scene and cooperate with police and emergency responders. TRAFFIC SAFETY & DRIVER TOPICS Move Over, Slow Down

If you can safely do so, take photographs or video of the vehicles, roadway, traffic signals, debris, weather conditions, skid marks, and visible injuries. Get the names and contact information of witnesses. Avoid admitting fault or arguing with the other driver at the scene. Give police accurate information, but remember that injuries and vehicle damage are not always immediately apparent.

You should also seek medical attention promptly. Some injuries, including concussions, soft-tissue injuries, back injuries, and internal injuries, may worsen or become more noticeable in the hours or days after a collision.

Do I Have to Report the Accident to PennDOT?

 

If police investigate the crash, they generally prepare the required crash report. If police do not investigate and someone was injured or killed, or if a vehicle must be towed because of damage, PennDOT requires a Driver’s Accident Report, Form AA-600, to be submitted within five days. Motor Vehicle Miscellaneous Frequently Asked Questions

Reporting requirements are separate from notifying your insurance company. Most policies require prompt notice of an accident, even when you believe the other driver was responsible. Report the crash to your insurer, but be careful about providing a recorded statement or accepting a settlement before you understand the full extent of your injuries and losses.

Who Pays Medical Bills After a Car Accident?

 

Pennsylvania is commonly described as a no-fault insurance state for initial medical benefits. In many cases, injured people first seek medical benefits through their own auto insurance policy, regardless of who caused the crash. This coverage is often called first-party medical benefits or personal injury protection.

The applicable policy is determined by Pennsylvania law. Generally, an injured named insured looks first to their own policy; an insured person may look to the policy covering them; occupants may look to the policy covering the vehicle they occupied; and certain pedestrians may look to the policy on a vehicle involved in the accident. § CHAPTER 17 FINANCIAL RESPONSIBILITY

First-party medical coverage may help pay reasonable and necessary medical expenses up to the available policy limit. However, medical benefits do not automatically cover every loss caused by a crash. Depending on the facts, an injured person may also have a claim against the at-fault driver for additional medical expenses, lost income, pain and suffering, future care, and other damages.

What Is the Difference Between Limited Tort and Full Tort?

 

Your insurance policy’s tort option can significantly affect an injury claim. Pennsylvania drivers generally choose either limited tort or full tort coverage when purchasing auto insurance.

With full tort coverage, a person generally preserves the right to pursue both economic losses and noneconomic damages, including pain and suffering, when another driver is at fault. With limited tort coverage, a person may still seek economic losses, but their ability to recover pain and suffering is usually restricted unless they suffered a serious injury or an exception applies. § 1705. Election of tort options.

Limited tort does not always prevent a pain-and-suffering claim. Pennsylvania law recognizes exceptions, including when the at-fault driver is convicted of or accepts ARD for DUI arising from the accident. The meaning of “serious injury,” available exceptions, household coverage, and policy language can all require a detailed legal review.

What If I Was Partly at Fault for the Accident?

 

Being partly responsible does not necessarily prevent recovery. Pennsylvania follows a modified comparative-negligence rule. An injured person may recover damages if their negligence was not greater than the causal negligence of the defendant or defendants. However, any damages award is reduced by the injured person’s percentage of fault. § 7102. Comparative negligence.

For example, if a jury finds that a person suffered $100,000 in damages but was 25% at fault, the damages may be reduced by $25,000. If the injured person is found more responsible than the other side, they generally cannot recover under this rule.

Fault disputes are common after intersection crashes, rear-end collisions, lane-change accidents, truck crashes, motorcycle collisions, and pedestrian accidents. Photographs, witness statements, vehicle data, surveillance footage, and crash-scene evidence can become important quickly.

How Long Do I Have to File an Injury Claim?

 

In many Pennsylvania motor vehicle injury cases, the statute of limitations is two years from the date of the crash. The same general two-year period often applies to claims for property damage caused by negligence. § 5524. Two year limitation.

Important exceptions can apply, especially when a government entity, commercial vehicle, minor child, uninsured driver, or wrongful-death claim is involved. Waiting too long can cause a claim to be lost, and evidence can disappear long before the deadline. It is wise to speak with a Pennsylvania personal injury lawyer promptly after a serious accident.

When Should I Contact a Personal Injury Lawyer?

 

You should consider speaking with a lawyer if you suffered an injury, missed work, received significant medical treatment, were hit by a commercial vehicle, believe the other driver was uninsured or underinsured, or face a dispute about fault. Legal help can also be important when an insurer pressures you to settle before you have reached maximum medical improvement.

At Francis Law, we help accident victims throughout northeastern Pennsylvania understand their options after car, truck, motorcycle, and other motor vehicle crashes. We investigate the facts, review insurance coverage, communicate with insurers, and pursue fair compensation while clients focus on recovery.

FAQ

 

Do I need a police report after a minor accident?

Police reports can be helpful, but police may not respond to every minor crash. If police do not investigate and someone was injured or a vehicle needed towing, submit PennDOT’s Driver’s Accident Report within five days.

Should I talk to the other driver’s insurance company?

You can provide basic identifying information, but you should be cautious about recorded statements, broad medical authorizations, and early settlement offers before understanding your injuries and legal rights.

Can I recover damages if I have limited tort insurance?

Possibly. Limited tort generally restricts pain-and-suffering damages unless there is a serious injury or a statutory exception applies. Economic losses may still be recoverable.  It is important to consult an experienced Pennsylvania Accident Attorney such as those at Francis Law to determine if any exceptions apply.

What if the driver who hit me has no insurance?

Your own uninsured motorist coverage may be available, depending on your policy. Underinsured motorist coverage may also help when the at-fault driver’s liability coverage is not enough to cover your losses.

How much is my Pennsylvania accident case worth?

Every case is different. Value depends on liability, injuries, medical treatment, lost income, available insurance coverage, long-term limitations, and the effect of the crash on your daily life.  Consult an experienced Pennsylvania Accident Attorney such as those at Francis Law to evaluate your case and see what your case may be worth.