Car Accident Survival Guide — PA, NJ, NY & MD

A 30-day step-by-step playbook for what to do — and not do — after a car crash. State-specific issues for PA limited/full tort, NJ verbal threshold, NY serious-injury threshold, and MD contributory negligence.

The First 30 Days After a Crash — A Step-by-Step Guide for Pennsylvania, New Jersey, New York, and Maryland

What you do (and don’t do) in the first 30 days after a car crash often decides what your case is worth. This guide is built from cases we’ve handled across PA, NJ, NY, and MD. Read it once, save it, and follow it if it ever happens to you.

Day 1 — At the Scene

  1. Call 911. Get the police report number. In PA and NY, the responding officer files a report within days; insist on getting a copy.
  2. Photograph everything: all four corners of every vehicle, the road, skid marks, any debris, traffic signals, the surrounding area.
  3. Get names, phone numbers, license plates, and insurance info from every other driver. Photograph their license and insurance cards.
  4. Identify witnesses. Get their names and phone numbers. Witness testimony fades fast.
  5. Do NOT admit fault, apologize, or speculate about what happened. “I’m sorry you got hurt” can be twisted into “I’m sorry I caused this.”
  6. Get medical attention even if you feel fine. Soft-tissue injuries and concussions often present 24–72 hours after the crash.

Days 2–7 — The First Week

  1. See your primary doctor and follow every referral. Gaps in treatment kill cases — the insurance defense will argue you weren’t really hurt.
  2. Open a claim with your insurer. Be factual; do not give opinions or guesses.
  3. Do NOT give a recorded statement to the OTHER driver’s insurer. They will use it against you.
  4. Save every receipt, bill, and document related to the crash, your injuries, your treatment, and your transportation to appointments.
  5. Start a daily symptom journal — what hurts, when, on a 1-10 scale, and how it interferes with your daily life.

Days 8–30 — Building the File

  1. Get the police report and review it for accuracy. Errors get corrected via supplemental report.
  2. Track lost work time precisely — every hour off, every shift missed, every doctor’s appointment that ate into your schedule.
  3. Photograph your bruises, scars, and any visible injury at intervals as they heal. Healing photographs are powerful evidence.
  4. Stay off social media. Insurers run defendants and plaintiffs through social media for any post they can use against you.
  5. If you are still in pain or not improving as expected, get a referral for diagnostic imaging or specialist evaluation. Document, document, document.

Pennsylvania-Specific Issues

Limited Tort vs. Full Tort. Pennsylvania is a no-fault state with a “tort election” choice on every auto policy. Limited Tort policies waive your right to sue for pain and suffering except in serious injury cases. Full Tort costs more but preserves all rights. Several limited-tort exceptions exist — out-of-state defendants, drunk drivers, intentional acts, commercial vehicles. Get an attorney to evaluate which exceptions apply.

New Jersey-Specific Issues

Verbal Threshold. NJ’s “verbal threshold” applies to most policies. To recover for pain and suffering, you must show one of six listed types of permanent injury verified by a physician’s certification. Documentation from your treating physician is critical.

New York-Specific Issues

Serious Injury Threshold (Insurance Law §5102(d)). NY requires you to meet at least one of nine “serious injury” categories to sue for pain and suffering, even though no-fault PIP covers your medical bills. Meeting the threshold is a constant battleground in NY auto cases.

Maryland-Specific Issues

Contributory Negligence. Maryland is one of only four U.S. states still applying contributory negligence — any fault on your part can bar recovery. Your behavior at the scene, your statements to the police, and your social-media posts can all be used to manufacture fault. Be careful.

Statute of Limitations

  • Pennsylvania: 2 years
  • New Jersey: 2 years
  • New York: 3 years
  • Maryland: 3 years
  • Government vehicles or roads: shorter notice deadlines, sometimes 60–180 days

Hit by a car? Call us at (610) 255-7500. Free case review, no fee unless we recover. Most reviews come back within one business day.