Car accidents are incredibly traumatic, often upending a victim’s life for weeks or months. Injuries from a collision can prevent you from working, require costly treatment, and lead to other consequences in your life. It’s important to know how to file a car accident claim in PA to recover these costs from your insurance. It’s also crucial that you know when you can file a personal injury claim for a car accident.
SMT Legal can provide compassionate and detailed counsel for your car accident case.
Filing an Insurance Claim in Pennsylvania
Pennsylvania is primarily a no-fault accident state, meaning you file with your own insurance company after a crash to recover your damages. Only in specific cases can you file for damages outside this claim.
You need evidence of the incident and your injuries to file an insurance claim. After an accident, there are several steps you should take to benefit your insurance claim and any other claim you could make. These include:
Report the Accident
Calling 911 to report the accident and any known injuries is important for several reasons. It makes sure that you and others in the accident get emergency medical care, which is crucial to the well-being of everyone in the crash. Reporting the accident also creates an official record of it, including medical documentation of your injuries and an accident report submitted by a law enforcement officer. You are also required by state law to report any accident that leads to injury, death, or damage to a vehicle that causes a hazard and requires towing.
Gather Driver and Witness Information
As you wait for emergency responders, exchange information with others in the accident. This includes the other driver’s name, phone number, driver’s license information, and address. You also want to get their insurance company’s information and their policy number. Also, collect the names and phone numbers of others, like passengers or eyewitnesses.
Document the Incident
You should get evidence from the scene. This involves taking photos and videos of the damage to vehicles, other property damage, the conditions of the road, and your visible injuries. Also, note down information about all the vehicles involved, including make, model, and license plate number.
Provide Information for the Accident Report
The accident report created by the responding officer:
- Documents information about the crash.
- Lists the individuals involved and any witnesses.
- Notes any suspected or known violations by any driver or other party.
It is a key initial piece of evidence in your claim. Tell the truth when the officer prompts you for information for the report, without speculating about the cause of the crash. A police report is often required for your claim, so it’s important you get a copy.
Get Medical Care
Medical care is crucial, even if you think you aren’t seriously injured. After receiving treatment from emergency medical responders, go to your doctor or a hospital once you can leave the scene. Some injuries are not immediately obvious because of shock or because they develop over time. Medical care can address these injuries and officially connect them to the accident. Delaying medical care can make it easier for insurers to deny claims.
The compensation you can recover in an insurance claim depends on the type of coverage you have through your insurance in Pennsylvania.
Important Evidence in Your Insurance Claim
After reporting the accident to your insurer, you should file a claim when you can. To support your insurance claim, you want to add important evidence to the claim when you have access to it, like:
- Your claim form
- The accident report
- Emergency medical care records
- Doctor’s visits records
- Other medical documentation
- Eyewitness statements and contact information
- The information about other drivers
- Correspondence with involved parties
- Ambulance bills
- Income information
- Record of time off work
- Costs of towing and vehicle mechanics
- Documentation of pain and suffering
- Photos and videos from the accident scene
It is much easier to gather this information for a strong claim when you have the support of a dedicated attorney.
When Can You File a Personal Injury Claim for a Pennsylvania Car Accident?
If the cost of your injuries and other losses exceeds your insurance coverage limits, you could file a personal injury claim for the remaining compensation. This claim is filed against the driver who is found at fault for the crash.
The damages you can recover in a personal injury claim depend on the type of insurance you have. In some cases, you are restricted to only recovering economic damages in a claim, which means medical costs, lost income, and property damage.
If you were seriously injured or have a fault-based insurance policy, then you can recover both economic and non-economic damages. Non-economic damages are intangible losses, like pain and suffering.
A serious injury might include:
- A traumatic brain injury
- Multiple fractures
- Severe burns or disfigurement
- Spinal cord damage
In Pennsylvania, there were 110,765 reportable accidents in 2024, leading to 66,950 injuries and 1,127 fatalities. Injuries in vehicle accidents range from minor to severe. There were 4,010 suspected serious injury crashes the same year, leading to 4,735 suspected serious injuries.
Determining Fault in a Personal Injury Claim
If you can file a personal injury claim, you need a lot of the same documentation and information that you would use for an insurance claim. However, you also need information that proves who was at fault for the accident to hold them liable for your injuries.
A driver is usually responsible for an accident because of negligent actions, like distracted driving, tailgating, speeding, or driving impaired. When this negligence causes a crash, that driver could be held liable for serious injuries and other damages that exceed your insurance. You can file a claim in the civil division of your Judicial District Court, such as the Fifth Judicial District of Pennsylvania, to begin negotiations for a settlement or even litigate the claim.
The Importance of Legal Representation in a Car Accident Case
A car accident attorney can navigate all these steps after a car accident. They can also work to protect your interests when dealing with insurance companies. Your attorney knows the state’s car accident laws, so they can assess your options for financial recovery and investigate who was at fault for the accident. They can also communicate with your insurer, create a strong claim, and work to get the compensation you are owed.
In a personal injury claim, your attorney can negotiate with the at-fault party for a reasonable settlement for your remaining damages. If a settlement can’t be secured, your attorney can take the case to trial.
FAQs
How Long Do You Have to File a Claim After a Car Accident in Pennsylvania?
You generally have two years to file a personal injury claim after a car accident in Pennsylvania, but you should file an insurance claim as soon as possible after the collision. Certain claims may have shorter deadlines, so it’s important to act quickly. If you miss the deadline, you will be barred from recovering compensation from a claim in civil court.
Can a Car Accident Cause Spinal Stenosis?
Yes, a car accident could cause spinal stenosis, along with other spinal injuries, like herniated disks, fractures, whiplash, and spinal cord damage. The impact of the accident can cause or worsen spinal stenosis by narrowing the space in the backbone, compressing nerves, and damaging the spinal cord.
These injuries can lead to pain, numbness, and muscle weakness. If another party was at fault for the accident, an injured individual might recover the costs to treat spinal stenosis.
What Should You Not Say When Making an Insurance Claim?
When making an insurance claim after a car accident, you should not:
- Admit fault.
- Speculate about what the cause of the accident was.
- agree to give a statement to the insurer.
Don’t agree to settlements right away, and don’t allow the insurer to try to minimize your injuries. In Pennsylvania, you file a claim with your insurance company, and you can usually only file a personal injury claim against an at-fault driver if your injuries exceed your insurance coverage.
Why Do You Need to Hire a Car Accident Lawyer to File a Car Accident Claim in Pennsylvania?
You need to hire a car accident lawyer to file a car accident claim in Pennsylvania because they can handle each step of the process, including negotiating with the insurance company on your behalf. They can meet deadlines and gather evidence to support your claim. Your attorney can assess whether you can file a personal injury claim. They can also negotiate for fair compensation from the at-fault party or take the claim to trial if needed.
Choose SMT Legal: Your Pennsylvania Car Accident Attorney
At SMT Legal, we offer high-level legal representation and experience without sacrificing the personalized attention you deserve. After a car accident, you may not know how to handle the next steps. Our firm can help, providing you with exceptional legal guidance and an effective case strategy. With many previous clients referring us to those they know, we are proud to help out communities in Pennsylvania.
If you’ve been involved in a collision, our firm can file an insurance claim and a personal injury claim. The compensation you could obtain in these claims can help you recover and move on with your life. Reach out to SMT Legal today.
