Pennsylvania Car Accident Settlement Process and Timeline

The laws for reporting a car accident and filing a car insurance report differ for each state. Pennsylvania uses a no-fault system for insurance. This means you will file a personal injury claim with your own insurance company after a vehicle accident. The at-fault driver is only sued if the injured driver's insurance does not cover all their medical bills and property damage.

What steps should you take if you're involved in an auto accident in Pennsylvania? Do you need a personal injury lawyer? This article reviews Pennsylvania's car accident settlement process and how to protect yourself after a crash.

Pennsylvania Car Insurance Laws

Pennsylvania follows a no-fault system for car insurance. Under a no-fault insurance system, drivers file personal injury claims with their own insurers, who pay the medical expenses and costs of repairs for the insured driver, no matter who was at fault in the accident.

No-fault insurance covers your medical expenses and lost income. Liability insurance protects you if the other company finds you at fault for the accident. Liability insurance does not cover you for property damage, out-of-pocket costs, or medical expenses above anything covered by your insurance.

Minimum Pennsylvania insurance requirements include:

• $15,000 per person bodily injury liability coverage
• $30,000 per accident bodily injury liability coverage
• $5,000 property damage liability coverage
• Minimum $5,000 medical benefits
• Limited or full tort liability. With limited tort liability, you can't sue or be sued for pain and suffering or other damages.

Most medical treatment exceeds the minimum medical coverage, leaving accident victims no alternative but legal action to recover damages. The Pennsylvania DMV recommends drivers buy more comprehensive auto insurance, including:

• Uninsured/underinsured motorist coverage (UI/UIM coverage). This protects you if the other driver has no insurance or does not have enough to pay your damages.
• Collision coverage. Basic insurance does not pay for your vehicle repairs or replacement. You need collision coverage to fix a vehicle after a car crash.
• Comprehensive coverage pays for unusual damages like storms, tree branches, or hitting an animal.
• Extraordinary medical benefits provide coverage for serious injuries. Most insurers have policies of up to $1 million.

Reporting a Car Accident in Pennsylvania

You must file an accident report with the Pennsylvania Department of Transportation (PennDOT) within five days of the accident if:

• The police did not investigate the accident
• There were injuries or fatalities
• There was severe property damage

In general, you should report an accident to the police when it happens. If the police do not respond, you will need the incident number for your insurance claim.

Car Accident Settlement Timelines

Most car accident cases never go to trial. Even if it is unclear whether one driver is at fault, most parties negotiate or settle their own claims. They, their attorneys, and insurance companies resolve most issues out of court.

Settlement agreements are part of the legal process that begins after the car accident. Once you contact a car accident lawyer, they will gather evidence about your case and start the negotiations. Your settlement depends on the complexity of the case, but it generally goes like this:

• Negotiations start with a demand letter. This is a request from your attorney to the other driver or their insurer, asking for payment for your injuries. In most jurisdictions, a demand letter must precede any legal action.

• If you're getting medical treatment, you must reach "maximum medical improvement." Your doctors must agree that your condition can't improve or that further treatment would not be helpful.

• During the discovery phase, attorneys trade information about the accident. You will provide medical records, proof of lost income, and other documents that show how the accident affected you. Discovery is a time-consuming process, but the most important part of getting a fair settlement.

• Settlement negotiations between attorneys and insurance companies may take a long time. Both sides review police reports, medical files, and witness statements. Part of negotiations may include depositions, where you must answer questions from the opposing attorney.

A car accident case can end quickly if there is no doubt about fault. For instance, if you were sitting at a stop light and the other driver hit you from behind, your car accident claim could be resolved without any discussion. More complex cases, where both drivers were partially at fault, can take longer.

Car Accident Settlements and Comparative Negligence

Personal injury attorneys may encourage you to accept a car accident settlement because of the risk of going to trial. Pennsylvania uses a modified comparative negligence rule during personal injury cases. This means that a party who is more than 51% at fault cannot recover damages in a personal injury claim.

For example, you could refuse a settlement offer and opt for a trial. The jury could find that you were 51% responsible for the accident. That would leave you with no recovery. Worse, you could refuse a settlement offer, go to trial, and the jury can find you responsible for the accident. Juries are unpredictable.

But, settlements do not include anything beyond payments for your injuries. The settlement won't cover your lost wages, long-term expenses, or non-monetary costs like pain and suffering. If you've suffered severe injuries that will need long-term care, your attorney will discuss the pros and cons of trial with you.

Time Limits and Deadlines

You have a limited amount of time to file a lawsuit. The statute of limitations in Pennsylvania is two years for all personal injury claims. Because Pennsylvania is a no-fault insurance state, you must file a claim on your own insurance policy and meet other requirements before filing a lawsuit. You should always consult an attorney before taking any legal action.

Get Legal Advice from a Pennsylvania Car Accident Attorney

Getting injured in a car accident can leave you with medical bills and serious injuries. To get fair compensation for everything your insurance doesn't cover, you need legal advice from an experienced Pennsylvania car accident attorney. Get the personal injury settlement you need.