June 24, 2025 | Car Accident
A car accident can turn your life upside down. You may be facing painful injuries, expensive medical bills, and time away from work. If someone else caused the crash, you can pursue compensation under Pennsylvania law. This guide explains how to file a personal injury case after a car accident in Pennsylvania, from reporting the crash to taking legal action.
Steps to Take Immediately After an Accident
Right after a crash, your first priority is your safety. Call 911 and get medical help for any injuries, even minor ones. Some injuries take time to appear.
Next, gather evidence:
- Exchange contact, license, and insurance information with the other driver and passengers
- Take photos of the vehicles, injuries, and the scene of your crash
- Collect contact information from any witnesses
- Ask for a copy of the police report
Also, notify your insurance company as soon as possible. In Pennsylvania, if a crash causes injury, death, or significant property damage, you must report it to the police within 5 days unless the police respond to the scene.
Record all accident-related documents, including medical bills and repair estimates.
Understanding Pennsylvania’s Insurance System and Filing a Claim
Pennsylvania uses a “choice no-fault” insurance system. This means drivers can choose between limited tort and full tort coverage when buying car insurance.
If you do not specifically choose limited tort or no fault coverage, you will get full tort insurance by default.
- No-fault or limited tort: Your policy pays for your economic damages, like medical bills. In serious injury cases, you can only sue the at-fault motorist for non-economic damages.
- At-fault or full tort: You can pursue the other driver for all your damages, including pain and suffering, regardless of injury severity. However, you must prove they were negligent and at fault for the crash.
No matter which type of policy you choose, all Pennsylvania motorists must carry a minimum of $5,000 in medical payments coverage. This is also known as first-party benefits or personal injury protection (PIP), but it doesn’t work like PIP in most states.
This no-fault coverage pays for your medical expenses after an accident, no matter which tort option you choose. You can get up to $100,000 in medical benefits coverage.
Optional coverage options include an income loss benefit to cover lost earnings (up to 80% of your gross income) and extraordinary medical benefits coverage, which pays out beyond the typical limit. This coverage usually has a lifetime limit of $1 million in benefits.
Filing a Claim for Personal Injury
After your accident, you will file a claim with your own insurance policy first. If you have a full tort policy, you can file a claim against the at-fault driver’s policy to recover damages beyond your policy, including compensation for physical pain, mental and emotional anguish, and loss of quality of life.
With a limited tort policy, you can only pursue other damages from the at-fault driver if your injuries were severe enough or if you meet an exception under Pennsylvania law. For instance, you can step outside the no-fault system if the at-fault driver was driving under the influence or driving a car registered in another state.
A “serious injury” usually requires one of the following:
- Serious, permanent disfigurement
- Severe impairment of a bodily function
- Death
Be careful when speaking with insurance adjusters. Do not admit fault or downplay your injuries. It’s a good idea to speak with a personal injury lawyer before accepting any settlement.
Filing a Personal Injury Lawsuit in Pennsylvania
If the insurance company won’t offer a fair settlement, or your injuries are serious, you may need to file a personal injury lawsuit. You might have a case if:
- Your injuries are severe or life-altering
- Your claim is denied or undervalued
- The other driver was uninsured or fled the scene
- Liability is disputed
Unlike a claim, which is handled by the insurance company, a lawsuit is a formal legal action filed in court. Here’s a basic overview of the steps in a car accident lawsuit.
1. File The Complaint
The complaint outlines what happened, the legal basis of your case, and the damages you’re seeking. This document is filed in the appropriate Pennsylvania civil court and starts the legal process.
2. Serve The Defendant
Once the complaint is filed, the defendant must be officially notified through legal service. They’ll then have a deadline to respond.
3. Discovery
During discovery, both sides exchange evidence. This can include:
- Depositions, recorded statements under oath
- Interrogatories or written questions for the other party
- Medical records
- Expert witness opinions
The discovery phase may take two or three months.
4. Settlement Negotiations Or Mediation
Many cases settle out of court before reaching trial. Your lawyer will negotiate with the other party to try to reach a fair agreement. This may be done through mediation with a neutral third party.
5. Trial
If no settlement is reached, the case may go to trial. A judge or jury will hear the evidence and decide the outcome.
How Long Do You Have to File a Lawsuit?
In Pennsylvania, the statute of limitations for most car accident personal injury claims is two years from the date of the crash. If you miss this deadline, you may lose your right to sue.
Car accident cases can get complicated, especially when insurance companies fight your claim. A personal injury lawyer can help you investigate your accident, gather the necessary evidence, negotiate for fair compensation, and take your case to court if needed.
Contact the Scranton Car Accident Lawyers of Fellerman & Ciarimboli, Law PC for Help Today
For more information, contact Fellerman & Ciarimboli, Law PC to schedule a free consultation with our experienced car accident attorneys. We proudly serve clients in Scranton, Kingston, Honesdale, Berwick, PA, and Columbia, Lackawanna, Luzerne, and Wayne Counties. We’re here to fight for your rights with trusted, experienced legal support. Let us help you get the justice and compensation you deserve.
Fellerman & Ciarimboli, Law PC Scranton
436 Spruce St Suite 100, Scranton, PA 18503
(570) 714-4878
Fellerman & Ciarimboli, Law PC Kingston
183 Market St #200, Kingston, PA 18704
(570) 714-4878
Fellerman & Ciarimboli, Law PC Honesdale
520 Main St, Honesdale, PA 18431
(570) 714-4878
Fellerman & Ciarimboli, Law PC Berwick
120 W Front St, Berwick, PA 18603
(570) 714-4878
