What to Do After a Car Accident in Pennsylvania: Step-by-Step Guide

Written by Michael Alan Siddons, Esquire | Martindale-Hubbell AV Preeminent Rated | AVVO 10.0 “Superb” | Updated March 2026

Table of Contents

• Immediate Steps at the Accident Scene
• Seeking Medical Treatment
• Understanding Pennsylvania’s Insurance System
• Full Tort vs. Limited Tort: What It Means for You
• Dealing with Insurance Companies
• Types of Compensation Available
• Pennsylvania’s Comparative Negligence Rule
• Statute of Limitations
• When to Hire a Personal Injury Attorney
• Special Considerations: Truck Accidents
• Rideshare Accidents: Uber and Lyft
• Frequently Asked Questions
• Contact a Pennsylvania Car Accident Attorney

Immediate Steps at the Accident Scene

The actions you take immediately after a car accident in Pennsylvania can significantly impact your ability to recover compensation. Follow these steps to protect your health and your legal rights:

1. Stop and Check for Injuries. Pennsylvania law (75 Pa. C.S. Section 3742) requires all drivers involved in an accident to stop. Leaving the scene of an accident involving injury is a felony. Check yourself and all passengers for injuries. Do not move anyone who appears seriously injured unless there is an immediate danger.

2. Call 911. Report the accident to police immediately. Under Pennsylvania law, accidents involving injury, death, or vehicle damage that prevents safe driving must be reported. A police report creates an official record that is critical for your insurance claim and any potential lawsuit.

3. Document the Scene. Take photographs and video of all vehicle damage from multiple angles, the overall accident scene including road conditions, traffic signs and signals, skid marks and debris, your injuries (bruises, cuts, swelling), and the other vehicle’s license plate and insurance card. This evidence can be crucial if the other driver later disputes what happened.

4. Exchange Information. Get the other driver’s full name, phone number, insurance company and policy number, driver’s license number, and license plate number. Also collect contact information from any witnesses.

5. Do Not Admit Fault. Be polite but do not apologize or say “it was my fault.” Even a simple “I’m sorry” can be used against you later. Stick to the facts when speaking with police.

Seeking Medical Treatment

Seeking prompt medical attention is the single most important thing you can do after a car accident, both for your health and your legal claim. Many serious injuries, including traumatic brain injuries, whiplash, herniated discs, and internal bleeding, may not show symptoms immediately. Adrenaline can mask pain for hours or even days.

Go to the emergency room or your doctor as soon as possible, ideally the same day as the accident. Follow all treatment recommendations and attend all follow-up appointments. Keep detailed records of every medical visit, test, prescription, and expense. Insurance companies routinely argue that gaps in medical treatment mean your injuries are not serious. Consistent medical documentation destroys this argument.

Understanding Pennsylvania’s Insurance System

Pennsylvania has a unique “choice no-fault” insurance system. When you purchase auto insurance in PA, you choose between two options that fundamentally affect your right to sue after an accident:

All Pennsylvania drivers must carry minimum coverage of $15,000 per person/$30,000 per accident in bodily injury liability, $5,000 in property damage liability, and $5,000 in first-party medical benefits. However, these minimums are dangerously low. An experienced attorney can advise on appropriate coverage levels.

Full Tort vs. Limited Tort: What It Means for You

This is one of the most important distinctions in Pennsylvania personal injury law, and many accident victims do not understand it until after they are injured.

Full Tort means you retain the unrestricted right to sue for all damages, including pain and suffering, regardless of how minor or severe your injuries are. Full tort coverage costs more in premiums but provides complete legal protection.

Limited Tort means you can only sue for pain and suffering if you have suffered a “serious injury” as defined by 75 Pa. C.S. Section 1702. A “serious injury” includes death, serious impairment of a body function, or permanent serious disfigurement. If your injuries do not meet this threshold, you can only recover medical expenses and lost wages, not pain and suffering damages.

Important exceptions to limited tort: even with limited tort, you can sue for full damages if the at-fault driver was convicted of DUI, the at-fault driver was from out of state, you were a pedestrian or cyclist, you were a passenger in a commercial vehicle, or you were in an accident with a commercial truck.

Dealing with Insurance Companies

Insurance companies are not on your side, even your own insurer. Their goal is to minimize payouts. Here is how to protect yourself:

Do not give a recorded statement to the other driver’s insurance company without consulting an attorney first. Adjusters are trained to ask questions designed to minimize your claim or elicit admissions that can be used against you.

Do not accept a quick settlement. Early settlement offers are almost always far below the true value of your claim. Insurance companies know that injured people facing medical bills and lost wages may accept lowball offers out of financial pressure. Once you accept a settlement, you cannot go back for more, even if your injuries turn out to be worse than initially thought.

Do not post on social media about your accident or injuries. Insurance companies and defense attorneys routinely monitor social media for posts that can be used to undermine your claim.

Types of Compensation Available

In a Pennsylvania car accident claim, you may be entitled to recover economic damages (medical expenses past and future, lost wages and lost earning capacity, property damage, out-of-pocket expenses) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium for your spouse). In cases involving egregious conduct such as drunk driving, punitive damages may also be available to punish the wrongdoer.

Pennsylvania’s Comparative Negligence Rule

Pennsylvania follows a “modified comparative negligence” rule under 42 Pa. C.S. Section 7102. This means you can recover damages as long as you are less than 51% at fault for the accident. Your compensation is reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20% at fault, you would receive $80,000. However, if you are 51% or more at fault, you recover nothing. This makes establishing the other driver’s fault critical to your case.

Statute of Limitations

Under 42 Pa. C.S. Section 5524, you have 2 years from the date of the accident to file a personal injury lawsuit in Pennsylvania. If you miss this deadline, the court will almost certainly dismiss your case, and you will lose your right to compensation permanently. For property damage claims, the statute is also 2 years. For wrongful death claims, the 2-year clock starts from the date of death, not the date of the accident. Minors have until 2 years after their 18th birthday to file.

When to Hire a Personal Injury Attorney

You should consult a personal injury attorney if you sustained any injuries requiring medical treatment, the other driver was at fault, the insurance company is offering a low settlement, you have limited tort and need help proving “serious injury,” the accident involved a commercial truck, government vehicle, or rideshare, there is a dispute about who was at fault, or your injuries are preventing you from working.

At Siddons Law, you pay nothing upfront. Our 25% contingency fee means you keep significantly more of your settlement compared to firms charging the industry standard 33-45%.

Special Considerations: Truck Accidents

Truck accident cases in Pennsylvania involve additional complexity because multiple parties may be liable (the driver, the trucking company, the truck manufacturer, the cargo loader), federal regulations (FMCSA) govern driver hours, maintenance, and qualifications, trucking companies often have aggressive legal teams that respond immediately, and evidence (electronic logging devices, dashcam footage) can be destroyed quickly if not preserved. If you were in a truck accident, contact an attorney immediately to ensure critical evidence is preserved.

Rideshare Accidents: Uber and Lyft

If you were injured in an accident involving an Uber or Lyft vehicle in Pennsylvania, the insurance coverage depends on the driver’s status at the time. If the driver was logged into the app but had no ride request, a limited liability policy applies. If the driver had accepted a ride or had a passenger, Uber and Lyft provide $1 million in liability coverage. An experienced attorney can navigate the complex insurance layers involved in rideshare accident claims.

Frequently Asked Questions

How long do I have to file a claim after a car accident in PA? You have 2 years from the date of the accident to file a personal injury lawsuit (42 Pa. C.S. Section 5524). Report the accident to your insurance company as soon as possible.

What if the other driver has no insurance? Uninsured motorist (UM) coverage on your own policy protects you. If you have UM coverage, your insurance company pays for your injuries as if the at-fault driver had insurance. Pennsylvania requires insurers to offer UM coverage, but you may have waived it.

Should I see a doctor even if I feel fine? Absolutely. Many injuries, including concussions, whiplash, and internal injuries, have delayed symptoms. See a doctor within 24 hours of the accident. Medical documentation starting immediately after the accident strengthens your claim.

What is my case worth? Every case is different. Factors include the severity of your injuries, total medical expenses, lost wages, whether you have full or limited tort, the amount of available insurance coverage, and the strength of evidence proving the other driver’s fault. Attorney Siddons can evaluate your case during a free consultation.

Can I still recover if I was partially at fault? Yes, as long as you were less than 51% at fault. Under Pennsylvania’s modified comparative negligence rule, your award is reduced by your percentage of fault.

Contact a Pennsylvania Car Accident Attorney

If you or a loved one has been injured in a car accident in Pennsylvania, Maryland, New York, or New Jersey, contact Siddons Law Firm for a free, confidential consultation. Attorney Siddons has over 20 years of experience, a Martindale-Hubbell AV Preeminent rating, and an AVVO 10.0 “Superb” score.

Call (610) 255-7500 today. Our 25% contingency fee means you keep thousands more than with firms charging 33-45%. No fee unless we recover compensation for you.

Offices: Media, PA (main) | Rising Sun, MD | Staten Island, NY