See how to protect your safety, determine responsibility, and get a fair settlement after a vehicle accident in Pennsylvania.
On Average, more than 2,000 people are injured or killed each day in Pennsylvania vehicle accidents.¹
If you or a loved one are injured in a Pennsylvania car accident, you are entitled to financial compensation for your medical expenses, lost income, and other losses. Here we walk through what to do after an accident to protect yourself and start building a successful insurance claim.
What to Do After a Pennsylvania Car Accident
Here are five steps you can take to protect your physical and financial well-being after an accident.
1. Stay At the Scene and Exchange Information
Pennsylvania car accident law requires drivers in an accident resulting in the injury or death of any person to stop and remain at the scene.
The driver must provide their name, address, vehicle registration, and insurance information to the other driver and occupants of the vehicle, anyone injured in the accident, and any police officer at the scene. Drivers must also display their license as requested.
2. Call 911 and Help the Injured
Drivers in Pennsylvania are obligated to provide reasonable care to the injured, including arranging transport of the injured person to a medical facility. Calling 911 to report the accident and request an ambulance satisfies the obligation. Try to help the injured as much are you can until help arrives.
3. Seek Prompt Medical Treatment
It’s important to have a medical exam as soon as possible after a car accident, even if you think you’re fine. Significant injuries are often masked by the surge of adrenaline that can occur after an accident.
Never refuse medical care at the scene or delay treatment. Waiting to “see how you feel” before visiting a doctor gives the insurance company a handy excuse to deny or minimize your injury claim. The adjuster might say the injuries are not related to the crash, or argue that you share fault for your injuries because you waited until you were worse before seeking medical attention.
If you aren’t taken directly from the accident scene to the hospital by ambulance, go to an urgent care center or your regular doctor as soon as possible. Tell your medical provider exactly when, where, and how you were injured. Discuss every injury and symptom. You are entitled to compensation for all your injuries, so be sure they are linked to the accident in your medical records.
4. Gather Evidence From the Scene
If you intend to file an injury claim against the at-fault driver’s insurance policy, the burden is on you to prove the other driver was responsible for causing the crash. The police crash report is powerful evidence of fault, especially if the other driver was ticketed for a traffic violation.
Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
Notify your own insurance company as soon as possible that you were in an accident. No matter if you have opted for no-fault coverage or traditional (full-tort) coverage, your policy will have a notification and cooperation clause.
If you have a traditional policy, or your injuries are serious enough to exceed the no-fault threshold, you or your attorney will notify the at-fault driver’s insurance company of your intent to file an injury claim.
Pennsylvania Fault and Liability Rules
Pennsylvania allows policyholders the option of choosing limited-tort coverage, known as no-fault coverage, and full-tort coverage, which is traditional fault insurance.
If you elected the limited-tort option, you must first rely on your own medical benefits coverage before pursuing a lawsuit against the at-fault driver or a claim with their insurance company.
Exceptions to Limited-Tort Rules in PA:
- You were a pedestrian
- You were a passenger in a non-private vehicle, like a bus or taxi
- The crash was caused by a drunk driver
- You were hit by a vehicle registered in another state
- You suffered a serious impairment to a significant bodily function
If you are excepted from a limited-tort claim or elected a full-tort auto policy, you can seek compensation for all your damages, including medical expenses, lost income, out-of-pocket costs, and pain and suffering.
Pennsylvania Shared Fault Rules
Pennsylvania follows a 51-percent modified comparative fault rule. You can seek compensation from the other driver so long as you are not more to blame than they are for causing the accident. Your compensation will be reduced in proportion to your percentage of fault.
Example of Modified Comparative Fault in Pennsylvania
Sharon was traveling on Kettle Street, approaching Cherry Avenue in Altoona. Brian was also traveling on Kettle, approaching Cherry Ave from the other direction.
Brian was running late for a meeting with a client and was driving well above the speed limit as he entered the intersection. At the same time, Sharon made a left turn into the intersection. The vehicles collided, injuring both drivers.
Sharon was cited for failing to yield to oncoming traffic. The officer wrote in the crash report that several witnesses stated Brian was speeding through the intersection.
Brian filed an injury claim with Sharon’s insurance company, demanding $80,000 for his injuries, lost wages, and pain and suffering. When the insurance company wouldn’t meet his demand, Brian filed suit against Sharon.
The case went to trial. The jury was presented with evidence and testimony from both sides. After deliberations, the jury determined that Sharon and Brian were equally to blame for the crash.
The jury awarded $40,000 to Brian, representing a 50 percent reduction to his claim value.
Pennsylvania Car Accident Compensation
Insurance companies in Pennsylvania pay out nearly $6 billion in auto accident claims each year.
A minor to moderate injury claim will typically fall within Pennsylvania’s no-fault boundaries. Your Personal Injury Protection (PIP) coverage will pay your medical bills and 80 percent of your lost wages. There is no PIP coverage for non-economic damages.
Talk to an experienced personal injury attorney about a serious injury claim. Claims for injuries that exceed the no-fault threshold will include the full value of present and future medical expenses, lost wages, and the pain and distress of severe injuries.
Average Car Accident Settlements in Pennsylvania
The average injury settlement for a moderate car accident claim in Pennsylvania is $42,646, with average payouts ranging from $6,691 to $570,980. Settlements and court awards can range from $1,290 for minor injuries to $3,475,000 for disabling injuries.
Injury settlements can vary widely, depending on the circumstances surrounding the crash, the extent of the victim’s injuries, and the applicable insurance limits. Accidents involving severe injuries and commercial liability insurance will have the largest payouts.
For example, look at these two rear-end accident cases with low and high payouts:
- In Allegheny County, Stemmerich v. Massung, GD-15-023133, a jury awarded $1,770 to the victim for soft-tissue injuries. The defendant admitted liability.
- In Philadelphia County, Wolff v. Roberts, 2017-19630, the jury awarded $975,000 for neck injuries with nerve damage. Plaintiff suffered a 25% permanent partial disability.
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Factors that impact Pennsylvania accident compensation include:
- Scope and severity of injuries
- Shared fault for the crash
- Multi-vehicle collisions
- Multiple injured victims
- Fatalities
- Available insurance coverage
If you and others are seriously injured, the at-fault driver’s liability insurance might not be enough to cover everyone’s injuries after your medical benefits are exhausted.
Pennsylvania State Minimum Insurance Requirements
Pennsylvania requires all drivers to carry no less than $5,000 in medical benefits coverage, $15,000 per person/$30,000 per accident for bodily injury liability, and $5,000 for property damage.
Insurance companies are required by law to offer uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage in Pennsylvania, however, policyholders have the right to reject UM and UIM coverage.
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