The moments after a car accident are confusing. Your heart is racing, the other driver may be upset, and you are trying to figure out whether you are hurt, whether the car is safe, and who you are supposed to call. What you do in the next hour, and over the next few days, can affect your health, your insurance claim, and your legal rights.
This guide walks you through what to do after a car accident in Pennsylvania, from the first minutes at the scene to the deadlines that come later. We also explain a few Pennsylvania-specific rules that surprise many drivers, including the five-day PennDOT report, the choice between limited tort and full tort, and the two-year time limit for filing an injury lawsuit.
If you were hurt in a crash in Bucks County or Montgomery County, this guide is written with you in mind. It is general information, not legal advice, and every accident is different.
Step 1: Make Sure Everyone Is Safe and Call 911 If Anyone Is Hurt
Your first priority is safety. If you can do so safely, turn on your hazard lights and move your car out of traffic. If the vehicle cannot be moved, or if someone is seriously hurt, stay where you are and wait for help.
The Pennsylvania Insurance Department’s auto insurance guide says that if there are injuries, you should call 911. When in doubt, call. Some injuries, including head, neck, and back injuries, are not obvious right away.
Step 2: Call the Police and Get a Police Report
Calling the police is a smart move even after what looks like a minor crash. A police report creates an official record of what happened, which can matter later if the other driver changes their story or an insurance company disputes fault.
Pennsylvania law requires you to involve the police in more serious situations. According to FindLaw’s summary of the state’s accident reporting rules, a report is required when a crash causes serious injury, a death, or damage that leaves a vehicle undrivable. Because the details of the law can change, confirm the current requirements with an attorney if you are unsure.
Before the officer leaves, ask for the officer’s name, badge number, and the police report number. You will need them when you file your insurance claim.
Step 3: Exchange Information With the Other Driver
Exchange information with everyone involved in the crash. The Pennsylvania Insurance Department recommends getting:
- Driver details: The other driver’s name, phone number, and insurance company.
- Vehicle details: The year, make, model, and license plate number of each car involved.
- Witness details: The names and phone numbers of anyone who saw what happened.
- Officer details: The name, badge number, and report number of any officer who responds.
Stay calm and polite, but keep the conversation short. Do not argue about who caused the crash.
Step 4: Document the Scene
If you are able to, take photos and video before the cars are moved. Evidence from the scene often disappears quickly. Try to capture:
- Vehicle damage: Photos of all cars from several angles, including close-ups of the damage.
- The scene: Skid marks, debris, traffic signs, traffic lights, road conditions, and weather.
- Your injuries: Any visible cuts, bruises, or swelling.
- The date, time, and location: Write them down while they are fresh.
- Your own notes: A short description of what happened, written as soon as you can.
Notes written right after the accident are far more reliable than what you remember weeks later.
Step 5: Be Careful What You Say at the Scene
It is natural to say “I’m sorry” after a crash, but statements at the scene can be used later to argue that you were at fault. Stick to the facts, answer the officer’s questions honestly, and avoid guessing about speed, distance, or whether you are injured. If you do not know, say so.
Do not sign anything at the scene other than what the police officer requires, and do not agree to settle the matter privately. Damage and injuries often turn out to be worse than they look.
Step 6: Get Medical Care Right Away
See a doctor as soon as possible, even if you feel fine. Adrenaline can hide pain for hours or days, and some injuries, like whiplash and concussions, develop slowly.
Medical care protects your health first. It also creates a record that connects your injuries to the accident, and gaps in treatment can give an insurance company a reason to question your claim. Follow your doctor’s instructions, attend follow-up appointments, and keep copies of your medical records and bills.
In Pennsylvania, auto policies include medical benefits coverage that pays medical bills for people covered by the policy regardless of fault. According to the Pennsylvania Insurance Department, the state minimum is $5,000. Check your own policy to see what yours provides.
Step 7: Report the Accident to Your Insurance Company
Notify your own insurer as soon as you can. The Pennsylvania Insurance Department advises calling the number on your proof-of-insurance card promptly to file a claim and cooperating with the claims adjuster. Keep notes of every conversation, including the date, the name of the person you spoke with, and what was said.
Be accurate and stick to the facts. If you are not sure about something, say you will get back to them rather than guessing.
Step 8: File a PennDOT Accident Report If Required
Pennsylvania has a separate report that many drivers do not know about. According to the instructions on PennDOT’s Driver’s Accident Report (Form AA-600), drivers must file the report within five days if the police do not investigate and the crash involved an injury or death or damage that requires a vehicle to be towed.
FindLaw’s summary notes that failing to file could result in the state suspending your driving privileges. If you are not sure whether you need to file, ask an attorney or PennDOT before the five days run out.
Step 9: Be Careful With the Other Driver’s Insurance Company
Soon after the accident, you may get a call from the other driver’s insurance adjuster. The adjuster may sound friendly, but their job is to protect the insurance company’s interests, not yours.
You are not required to give a recorded statement to the other driver’s insurer. Avoid signing releases or accepting a quick settlement offer before you know the full extent of your injuries and expenses. Our articles on what the insurance adjuster says and what he really means, and on understanding the insurance company bureaucracy, explain what to watch for.
Step 10: Keep Records and Stay Off Social Media
From the day of the accident, keep everything in one place:
- Medical records: Doctor visits, treatments, prescriptions, and bills.
- Insurance paperwork: Claim numbers, letters, and emails.
- Lost income: Pay stubs and notes from your employer about missed work.
- Out-of-pocket costs: Rental cars, repairs, medications, and travel to appointments.
- Your journal: Notes on pain, limitations, and how the injury affects your daily life.
Be careful with social media. Photos and posts can be taken out of context and used to argue that your injuries are not serious.
Limited Tort vs. Full Tort: A Pennsylvania Rule That Can Affect Your Claim
Pennsylvania drivers choose between two options on their auto insurance, and the choice can change what you are able to recover after a crash.
The Pennsylvania Insurance Department explains it this way in its auto insurance guide:
- Full tort: You keep unrestricted rights to bring suit against the negligent party.
- Limited tort: You save on your premium, but your right to recover pain and suffering damages is restricted unless your injuries meet one of the exceptions in the law.
If you do not specifically choose limited tort, the guide says you are treated as having chosen full tort. Because the exceptions are technical, an attorney should review your policy and your injuries as soon as possible if you were hurt in a crash.
How Long Do You Have to File a Car Accident Lawsuit in Pennsylvania?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit in Pennsylvania. The deadline comes from 42 Pa.C.S. § 5524, as explained in Nolo’s overview of Pennsylvania’s personal injury statute of limitations. If you miss it, the court will likely dismiss your case.
Some situations can change the deadline, and this is another reason to speak with a lawyer early instead of waiting until the end of the two years. Evidence disappears, and memories fade, so a claim handled promptly is stronger than one handled late.
When Should You Talk to a Car Accident Lawyer?
You do not need a lawyer for every fender bender. But you should consider talking to one if:
- You or a passenger was injured: Especially if the injuries are serious or ongoing.
- Fault is disputed: The other driver blames you, or the police report does not match what happened.
- The insurance company is pushing back: You are getting lowball offers, denials, or pressure to settle quickly.
- The other driver is uninsured or fled the scene: These cases involve extra insurance rules.
- A motorcycle or commercial vehicle was involved: These cases can be more complex. See our guide on motorcycle accidents.
- You are not sure what your claim is worth: Read our article on how much your injury case may be worth.
Our earlier post on whether you need an accident lawyer after a car crash explains how an attorney can help. And if you are wondering how medical bills get handled while a case is pending, see how your doctors get paid when your case is over.
Car Accident Help in Bucks County and Montgomery County, PA
Penglase & Benson represents people injured in motor vehicle accidents across Bucks County and Montgomery County, from Doylestown to the surrounding communities. If you are looking for a personal injury lawyer near you, our office is located at 18 North Main Street, Suite 100, Doylestown, PA 18901. Learn more about our personal injury practice or call us at 215-348-4416.
We investigate how the accident happened, deal with the insurance companies, and work to protect your rights. We cannot promise any particular result, but we can explain your options and what to expect.
Hurt in a car accident? Contact Penglase & Benson today for a consultation.
Frequently Asked Questions
What should I do first after a car accident in Pennsylvania?
Check for injuries and call 911 if anyone is hurt. If it is safe, move out of traffic, call the police, exchange information with the other driver, and take photos of the scene.
Do I have to call the police after a minor accident in Pennsylvania?
The law requires police involvement in more serious situations, such as when there is a serious injury, a death, or a vehicle that cannot be driven. Even when it is not required, a police report is a helpful record, so calling is usually a good idea.
Do I have to file a PennDOT accident report?
Possibly. According to PennDOT’s AA-600 form instructions, drivers must file within five days if the police do not investigate and the crash involved an injury or death or damage that requires towing.
How long do I have to sue after a car accident in Pennsylvania?
In most cases, two years from the date of the accident. Some situations can change that deadline, so talk to an attorney early.
What is the difference between limited tort and full tort in Pennsylvania?
Full tort keeps your right to sue for all damages. Limited tort lowers your premium but restricts pain and suffering damages unless your injuries meet an exception in the law. If you do not choose limited tort, you are treated as having chosen full tort.
Should I talk to the other driver’s insurance company?
You are not required to give a recorded statement to the other driver’s insurer. It is best to speak with an attorney before agreeing to a statement or accepting a settlement.
Should I see a doctor even if I feel fine?
Yes. Some injuries do not show symptoms right away, and medical records connect your injuries to the accident.
Do I need a lawyer after a car accident in Pennsylvania?
Not always, but it is worth talking to one if you were hurt, fault is disputed, or the insurance company is not treating you fairly.
