A car accident upends your life in seconds. One moment you are driving home from work or running an errand, and the next you are sitting on the shoulder of a road in shock, surrounded by broken glass, trying to make sense of what just happened. What you do in the minutes, hours, and days that follow has more impact on your case and your recovery than almost anything else.
Pennsylvania law is strict about what drivers are required to do after a crash. Insurance companies are aggressive about exploiting any mistake you make. The good news is that protecting your rights is straightforward when you know what to do, and equally important, what not to do.
This guide gives you the 15 critical do’s and don’ts every Pennsylvania driver should know after a car accident, plus the legal context that explains why each one matters. At GLS Injury Law, our car accident lawyer team has recovered more than $120,000,000 for injured clients across Lancaster, York, and Chester County. We have seen exactly how cases are won and lost, and the patterns are remarkably consistent.
The 8 Things to DO After a Pennsylvania Car Accident
- Stop and check for injuries. Pennsylvania law requires you to stop at the scene of any accident under 75 Pa. C.S. § 3744. Leaving the scene of an accident involving injury is a criminal offense. Once stopped, check yourself first, then any passengers, and then, if it is safe, the occupants of the other vehicles. Do not move severely injured people unless there is an immediate danger such as fire.
- Call 911 even if it seems minor. Under 75 Pa. C.S. § 3746, you are required to give immediate notice to police if the accident resulted in injury, death, or damage that prevents a vehicle from being driven safely from the scene. Even when not strictly required, calling 911 creates an official record that protects you. Adrenaline masks injuries; what feels like a fender-bender at the scene can produce a concussion or whiplash that surfaces hours later.
- Move to safety, but only when you can. If your vehicle is drivable and the accident is minor, move to the shoulder or a parking lot to avoid creating a secondary collision risk. If the accident is serious or anyone is injured, leave vehicles in place and turn on your hazard lights. Pennsylvania’s “Steer Clear” law requires other drivers to slow down and move over for emergency scenes, but you should assume that not everyone will.
- Document the scene thoroughly. Take photos of every vehicle from multiple angles, the position of vehicles before they are moved, license plates, road conditions, traffic signals, skid marks, debris, weather conditions, and any visible injuries. Photograph the inside of your vehicle as well, including airbag deployment and broken glass. The phone in your pocket is one of the most powerful tools you have for protecting your case.
- Exchange information, carefully. Pennsylvania law requires drivers to exchange license, registration, and insurance information under 75 Pa. C.S. § 3745. Get the other driver’s name, address, phone number, license number, license plate, insurance company, and policy number. Photograph their license and insurance card if they will allow it. Stick to facts; do not discuss fault or apologize.
- Identify witnesses immediately. Independent witnesses are powerful evidence because they have no financial stake in the outcome. Get names, phone numbers, and email addresses from anyone who saw the crash or stopped to help. Do not assume the police will collect this for you, and do not assume witnesses will still be findable a week later.
- Seek medical attention right away. Even if you feel “shaken up but okay,” get evaluated by a doctor or visit an emergency room the day of the accident. Concussions, internal injuries, soft tissue damage, and whiplash often do not show up clearly until hours or days later. A medical record from the day of the accident is also critical evidence; insurers routinely argue that delayed treatment means injuries were caused by something else.
- Report the accident to PennDOT if police did not. Under 75 Pa. C.S. § 3747, if police did not investigate the scene and the accident involved injury, death, or a vehicle that had to be towed, you must file a written report with PennDOT within five days using Form AA-600. Failure to file when required can result in suspension of your driver’s license. The form is free and available at pa.gov.
The 7 Things NOT to Do After a Pennsylvania Car Accident
- DO NOT leave the scene. Leaving the scene of an accident involving injury or death is a criminal offense in Pennsylvania, with potential felony exposure. Even leaving the scene of a minor property damage accident without exchanging information is a misdemeanor. Stay until police arrive or until you have completed the legal exchange of information.
- DO NOT apologize or admit fault. “I’m sorry,” “I didn’t see you,” and “I didn’t mean to” are statements drivers make instinctively in the shock of a crash. Insurance adjusters quote them back later as admissions of liability. Be polite, check on the other driver, but do not say anything that suggests fault. Save those conversations for police and your attorney.
- DO NOT refuse medical treatment at the scene. When EMTs arrive and ask whether you need to be checked out, the safest answer is yes. Refusing care at the scene becomes ammunition for the insurance company, who will argue that any injury you later report was not actually caused by the accident. If you genuinely feel fine, get checked anyway.
- DO NOT discuss the accident on social media. Insurance investigators monitor claimants’ social media accounts. A photo of you smiling at a family event, a post mentioning that you “feel fine,” a check-in at a gym- any of it can be used against you. Make accounts private immediately, and do not post anything about the accident, your injuries, or your activities until your case is resolved.
- DO NOT give a recorded statement to the other driver’s insurance company. The other driver’s insurance adjuster will call quickly and sound concerned. Their job is to reduce or eliminate the claim. You are not legally required to give a recorded statement to the at-fault driver’s insurer. Politely decline, take down the adjuster’s name and claim number, and refer them to your attorney.
- DO NOT sign anything before consulting an attorney. Insurance companies routinely send medical authorizations, settlement releases, and other paperwork in the days following an accident. Signing a medical authorization can give the insurer access to years of unrelated records they will use to argue your injuries are pre-existing. Signing a release for an early settlement check ends your claim permanently. Have any document reviewed before you sign.
- DO NOT wait too long to call an attorney. Pennsylvania’s statute of limitations for personal injury claims is two years under 42 Pa. C.S. § 5524, and surveillance footage, witness memories, vehicle damage, and medical timing all start working against you immediately. The earlier an attorney is involved, the more evidence can be preserved and the harder the insurance company will work to settle fairly.
Pennsylvania’s Insurance Rules: What Drivers Frequently Get Wrong
Limited Tort vs. Full Tort — The Choice You Made on Your Insurance Policy
Pennsylvania is unusual in giving drivers a choice between two tort options when they buy auto insurance. Limited tort is cheaper, but it limits your right to sue for pain and suffering after an accident unless you suffered a “serious injury” as defined under 75 Pa. C.S. § 1705. Full tort costs a little more but preserves your full right to seek non-economic damages.
A serious injury under Pennsylvania law generally means death, serious impairment of a body function, or permanent serious disfigurement. Whether your specific injury qualifies is often disputed, and a knowledgeable attorney can frequently establish serious injury in cases that an insurance adjuster initially dismisses.
There are also important exceptions. Even if you elected limited tort, you keep full tort rights when:
- The at-fault driver was uninsured
- The at-fault driver was driving a commercial vehicle
- The at-fault driver was driving while intoxicated and is convicted of DUI
- The at-fault driver was operating a vehicle registered out of state
- You were a pedestrian, bicyclist, or motorcyclist at the time of the crash
Personal Injury Protection (PIP)
Pennsylvania requires every auto policy to include at least $5,000 in Personal Injury Protection coverage, which pays for medical expenses regardless of fault. PIP applies first, before health insurance, to medical bills from an auto accident. Higher PIP limits are available and worth considering. Whatever your PIP limits are, a serious injury will quickly exceed them, which is why pursuing a third-party claim against the at-fault driver matters in any meaningful personal injury claim.
Comparative Negligence
Under Pennsylvania’s modified comparative negligence rule at 42 Pa. C.S. § 7102, if you are partially at fault, your recovery is reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover at all. Insurance companies aggressively probe for partial fault -“Were you speeding?” “Were you on your phone?” “Could you have braked sooner?” Each of those questions is a search for ammunition to reduce your settlement.
When Your Crash Involves Something More Than a Standard Car Accident
Some crashes look like ordinary car accidents but involve different rules and significantly higher insurance coverage. A truck accident case involves federal regulations, electronic logging device data, and corporate liability that can substantially increase recovery. A motorcycle accident case is exempt from Pennsylvania’s no-fault insurance system and limited tort rules entirely; motorcyclists are always treated as full tort. Cases involving DUI drivers, fatal crashes, or crashes with rideshare vehicles also have unique considerations. The first hour you spend with a knowledgeable attorney after a serious crash is one of the highest-leverage hours of the entire case.
When a crash takes a life, the rules shift again. Surviving family members may pursue a wrongful death claim under 42 Pa. C.S. § 8301 and the related Survival Act, recovering funeral expenses, lost financial support, and loss of companionship. These cases are some of the most legally complex in all of personal injury law, and they require attorneys who handle them regularly.
The Three Questions Pennsylvania Car Accident Victims Ask Most
“Whose insurance pays for my medical bills?”
Your own PIP coverage pays first, regardless of who caused the accident. Once PIP is exhausted, your private health insurance covers further bills, with a possible right of subrogation against any future settlement. The at-fault driver’s liability insurance ultimately reimburses through your settlement, but those negotiations take time, and your medical bills cannot wait. This is one of the most common sources of confusion, and one of the most common reasons to involve an attorney early.
“How much is my case worth?”
Honest answer: nobody can give a reliable number in the first weeks after an accident, because the value depends on the full extent of your injuries, future medical needs, lost income, and how the insurance company responds. A back injury that resolves in 6 weeks of physical therapy is worth a fraction of one that requires surgery and leaves permanent limitations. What we can tell you is that the difference between a represented claim and an unrepresented claim is often a multiple, not a percentage. Insurance companies pay attorneys more because attorneys are willing and able to litigate.
“Do I have to go to court?”
Most car accident cases settle without ever going to trial. The insurance company’s job is to evaluate cases and pay the minimum that avoids litigation. When they refuse to pay fairly, a lawsuit is filed, and the vast majority of those cases still settle before trial. GLS Injury Law prepares every case as if it will be tried, which is precisely why insurers offer more to settle ours.
Frequently Asked Questions
Under 75 Pa. C.S. § 3746, you are required to call police if the accident resulted in injury, death, or damage that prevents a vehicle from being driven safely from the scene. Even when not legally required, calling the police is almost always the right choice — the official report becomes valuable evidence later. If police do not respond, you must file a written report with PennDOT within five days using Form AA-600 if any injuries occurred or any vehicle had to be towed.
Two years from the date of the accident under 42 Pa. C.S. § 5524. If a government vehicle or municipal road defect is involved, the deadline can be much shorter — sometimes six months under the Political Subdivision Tort Claims Act. Wrongful death claims also have a two-year deadline. Do not wait. Evidence fades, witnesses move on, and the sooner an attorney is involved, the stronger your case.
You can still recover under Pennsylvania’s modified comparative negligence rule at 42 Pa. C.S. § 7102, as long as you are not more than 50% at fault. Your recovery is reduced by your percentage of fault. Insurers routinely try to inflate the victim’s percentage to reduce what they pay, which is one of the biggest reasons to have an attorney early.
Almost never. Early settlement offers are designed to close out claims before the full extent of injuries is known. Soft tissue injuries, concussions, and back injuries often worsen over weeks or months. Once you sign a release, the case is closed permanently — even if your injuries turn out to be far more serious than initially apparent. Have any settlement offer reviewed by an attorney before you sign.
Nothing up front. We handle every car accident case on a contingency fee basis — you pay no legal fees unless we recover compensation for you. The initial consultation is always free, and we can meet at our office, your home, a hospital, or a rehab facility.
You may still be able to recover through your own uninsured motorist (UM) or underinsured motorist (UIM) coverage. Pennsylvania does not require drivers to purchase UM/UIM, but most policies include it, and it is one of the most valuable coverages on a Pennsylvania policy. If the other driver was uninsured and you carry limited tort, the law also restores your full tort rights for that crash.
