A serious car crash can leave you shaken, in pain, and unsure what to do next.
On top of the physical and emotional shock, you suddenly face medical bills, missed work, pushy insurance adjusters, and confusing forms.
The way you handle the claims process after a crash in Philadelphia can make a huge difference in the compensation you ultimately receive. The steps below walk you through what to do from the moment of impact through settlement or lawsuit, with a focus on protecting your rights and building a strong claim.
Step 1: Immediate Actions After a Crash – Protect Safety and Your Claim
Check for Injuries and Call 911
Your first priority is always safety and medical care.
- Check yourself and passengers for injuries.
- Call 911 if anyone is hurt, unconscious, bleeding, or complaining of pain.
- Do not move someone with possible head, neck, or back injuries unless they’re in immediate danger.
Even if injuries seem minor, let emergency responders examine you. Many serious injuries, including concussions and internal bleeding, are not obvious right away. Early medical records are powerful evidence that your injuries came from the crash.
Move to a Safe Location if Possible
Pennsylvania law expects drivers, when they can do so safely, to move drivable vehicles out of active lanes to reduce the risk of another collision.
- Turn on hazard lights.
- Move vehicles to the shoulder or a safe nearby area if they can be driven.
- If vehicles cannot be moved, stand in a safe place away from traffic.
Your safety comes first. Never put yourself at risk just to protect the vehicle.
Call the Police
When there are injuries or significant damage, police should be contacted. In many situations you are legally required to make sure a report is filed.
A responding officer may:
- Secure the scene and call for additional medical help.
- Take driver, passenger, and witness information.
- Note visible damage and injuries.
- Prepare an official crash report.
If the other driver asks you not to call the police, be very cautious. They may be trying to avoid responsibility or hide lack of insurance, intoxication, or other problems.
Never Admit Fault or Apologize
After a crash, people often say things they don’t really mean, such as “I’m sorry” or “I didn’t see you.” Insurance companies can later treat those words as an admission of fault.
At the scene:
- Do not say the crash was your fault.
- Do not guess about speed, distance, or who “had the light.”
- Give straightforward facts to the police officer when asked.
- Stay calm and polite with the other driver, but do not argue.
There will be time later to fully explain your side, ideally with a lawyer’s help.
Step 2: Collect Information and Evidence at the Scene
Once immediate safety issues are under control, focus on gathering information you will need for your claim.
Write Down Details While They’re Fresh
As soon as you can, jot down:
- Date and time of the crash.
- Exact location (intersection, lane, direction of travel).
- Weather conditions (rain, snow, fog, sun glare).
- Road conditions (potholes, construction, debris, ice).
- How it happened:
- Which direction each vehicle was traveling.
- Whether someone ran a light or stop sign.
- Whether a vehicle was speeding, tailgating, or changing lanes.
Memories fade quickly. A short written description made that day can be more accurate than what you remember months later.
Exchange Required Information
Pennsylvania law requires drivers involved in a crash to exchange:
- Names and contact information.
- Driver’s license numbers.
- Vehicle makes, models, and colors.
- License plate numbers.
- Insurance companies and policy numbers.
Get this information for every driver involved. If a driver smells of alcohol, appears impaired, or acts strangely, make note of it—this may become important later.
Also try to get the names of all passengers. They may end up being key witnesses.
Talk to Witnesses
Witnesses can make or break a disputed claim.
- Ask anyone who saw the crash for their names and phone numbers.
- This includes other drivers, pedestrians, nearby workers, or residents.
- Briefly note what each witness says they observed.
Do not rely on the police to talk to everyone. If you can, collect this information yourself or ask a friend or family member to help.
Take Photos and Look for Cameras
Use your phone to photograph as much as possible:
- Overall scene from several angles.
- Damage to all vehicles (close-ups and wider shots).
- License plates of all involved vehicles.
- Skid marks, debris, and any damage to guardrails, poles, buildings, or trees.
- Traffic lights, stop signs, and road markings.
- Weather and road surface conditions.
Also look for:
- Security cameras on nearby businesses or homes.
- Traffic cameras at nearby intersections.
Take photos showing where these cameras are located so your attorney can later try to obtain the footage. Video can be extremely powerful evidence of what really happened.
If injuries prevent you from documenting the scene, ask a passenger, friend, or even a bystander if they can help.
Step 3: Reporting the Accident and Getting the Police Report
When and How to Report
In Pennsylvania, most crashes that cause injury or meaningful property damage must be reported. When police respond to the scene, they usually handle this.
In some situations, especially if officers don’t come to the scene, you may have to file a written crash report yourself within a short time period. Failing to file when required can cause problems with your claim and may even violate the law.
Why the Police Report Matters
The police report is often one of the first documents an insurance company reviews. It may include:
- Parties involved and their contact information.
- Insurance details.
- A description or diagram of the crash.
- Weather and road conditions.
- Any apparent violations (speeding, failure to yield, etc.).
The report is not the final word on fault, but it does carry weight. That’s why accuracy is so important.
Review the Report for Mistakes
When the report is ready, get a copy and read it carefully. Look for:
- Incorrect vehicle positions or directions.
- Misstatements about what you or others said.
- Errors in location, time, or weather.
If something is wrong:
- Politely ask the reporting officer whether a correction or supplement can be made.
- If the officer will not change the report, you may be able to submit your own written statement to be attached, so your version of events is part of the official record.
Your attorney can help with this if needed.
Step 4: Get Prompt Medical Care and Follow Through
Don’t Wait to Get Checked
It is very common for people in car accidents to feel “fine” at the scene and only notice pain hours or days later. Adrenaline and shock can mask symptoms.
Some injuries that often appear or worsen later include:
- Whiplash and other neck injuries.
- Back and spinal injuries.
- Concussions and other brain injuries.
- Internal bleeding and organ damage.
Waiting to see a doctor can:
- Put your health at risk.
- Give the insurance company an excuse to say your injuries weren’t caused by the crash.
See a doctor as soon as you can, even if you only have mild pain or discomfort, and tell them you were in a car accident.
Follow Your Doctor’s Instructions
Insurance companies watch your medical records closely. They look for gaps in treatment, missed appointments, or failure to follow medical advice.
To protect both your health and your claim:
- Keep all appointments with doctors, specialists, and therapists.
- Follow restrictions (no lifting, limited driving, time off work, etc.).
- Take medications as prescribed.
- Tell your providers about all symptoms, even if they seem small.
Skipping visits or stopping treatment early can make it seem like you weren’t seriously hurt.
Keep a Symptom and Treatment Log
It helps to keep a simple journal of:
- Pain levels and where you feel pain.
- Activities you can no longer do (work tasks, household chores, hobbies).
- Sleep problems, mood changes, headaches, dizziness, or memory issues.
- Every medical appointment, test, prescription, and out-of-pocket cost.
This record is extremely useful when it’s time to calculate your damages.
Step 5: Notify Insurance Companies Carefully
Contact Your Own Insurance Company
Most policies require you to notify your insurer of a crash within a reasonable time. When you call:
- Provide basic facts about the accident (date, time, location, vehicles involved).
- Give your policy number and contact information.
- Mention that you are seeking medical care for your injuries.
You do not need to guess about fault, speed, or exact details of the crash in that first call.
Be Very Cautious with Adjusters
Insurance companies—sometimes including your own—are businesses. Their priority is to protect their bottom line, not to maximize your recovery.
When an adjuster calls:
- Be polite, but brief.
- Do not agree to a recorded statement before speaking with a lawyer.
- Do not speculate about fault or minimize your injuries.
- Do not sign medical releases that give the insurer access to your entire medical history.
Anything you say can be used later to argue that you weren’t really hurt or that you were partly or fully at fault.
Talking to the Other Driver’s Insurance Company
You are not required to give a detailed statement to the other driver’s insurer. Their goal is to:
- Find reasons to deny or limit your claim.
- Push you into a quick settlement before you know the full extent of your injuries.
If they call, it is usually best to say that you are seeking legal advice and that your attorney will contact them.
Step 6: Evaluate Vehicle Damage and Property Losses
Car accidents rarely involve only injuries. Most people also have damage to their vehicle and personal property.
Get a Reliable Damage Estimate
Your insurer may suggest certain repair shops. While you can consider them, you also have the right to an independent opinion.
- Avoid shady repair shops and unusually low estimates.
- Make sure the estimate includes all visible and underlying damage.
- Keep copies of all estimates, invoices, and receipts.
Undervalued or incomplete estimates can cost you later and make it harder to argue for full compensation.
Types of Property Damage You May Claim
Depending on your policy and the circumstances, you may be entitled to:
- Repair or replacement of your vehicle.
- Diminished value if your vehicle is worth less after repairs.
- Damage to personal property (phone, glasses, car seats, tools, etc.).
- Towing and storage charges.
- Reasonable rental car expenses or alternative transportation costs.
Insurance companies often focus narrowly on repair bills and overlook these other losses unless you specifically document and claim them.
Step 7: Establish and Prove All of Your Losses
A strong claim is built on solid evidence of every category of loss you’ve suffered.
Economic Losses (Financial Damages)
These are losses you can show with bills, receipts, and records, such as:
- Medical bills (ER, hospital, doctors, specialists).
- Prescription medications and medical equipment.
- Physical therapy and rehabilitation.
- Lost wages from time off work.
- Lost benefits or overtime opportunities.
- Future loss of earning capacity if you can’t return to your old job.
- Vehicle repairs or replacement and other property damage.
Save every bill, invoice, receipt, and statement related to the crash.
Non-Economic Losses (Human Damages)
Some losses are very real but harder to put a number on, such as:
- Pain and suffering.
- Emotional distress and anxiety.
- Scarring, disfigurement, or disability.
- Loss of enjoyment of life and hobbies.
- Strain on relationships with family and friends.
These damages don’t come with receipts, but they can be a major part of your claim. Experienced car accident lawyers know how to present these losses using medical records, your own testimony, and statements from family, friends, and co-workers.
Step 8: Determining Fault and Liability
The value of your claim is closely tied to who is legally responsible for the crash.
Evidence Used to Determine Fault
Fault can be shown through:
- The police report.
- Photos and videos from the scene.
- Physical evidence (damage patterns, skid marks, debris).
- Witness statements.
- Traffic laws that were broken (speeding, failure to yield, distracted driving, etc.).
Your own notes and photos, taken promptly after the collision, can be just as important as the official reports.
Comparative Negligence
Pennsylvania uses a version of comparative negligence. That means:
- Each driver can be assigned a percentage of fault.
- Your compensation can be reduced by your percentage of fault.
- If you’re found more than 50% at fault, you may not be able to recover from the other driver at all.
Insurance companies will often argue that you share some blame, even in situations like rear-end collisions or red-light violations. This is one reason having a lawyer is so important—to push back when the insurer tries to exaggerate your responsibility.
Step 9: Filing the Claim and Negotiating Settlement
Filing the Claim
Once there is basic documentation of fault and damages, a formal claim is usually opened with one or more insurance companies. Your lawyer will typically:
- Assemble key documents (police report, medical records, wage information).
- Prepare a detailed demand package summarizing how the crash happened, your injuries, and your losses.
- Present a clear request for fair compensation.
Why Handling a Claim Alone is Risky
Some people try to handle car accident claims on their own. This often leads to:
- Lowball settlement offers that don’t cover all medical bills or lost income.
- Pressure to accept a check before you know whether you’ll need more treatment.
- Misunderstandings about what your policy and the other driver’s policy actually cover.
Insurance companies know who has a lawyer and who doesn’t. They are more likely to take your claim seriously when they know you have legal representation and are prepared to go to court if necessary.
Getting a Second Opinion on a Settlement Offer
If an insurer has already offered you money:
- Do not assume the offer is fair, even if it sounds large.
- Don’t sign releases or cash checks that say “full and final settlement” without legal advice.
- A brief review by a car accident lawyer can reveal whether you may be entitled to much more.
Once you sign away your rights, you generally cannot go back for additional compensation—even if you later discover you need surgery or can’t return to your old job.
Step 10: Litigation and the Importance of Patience
Filing a Lawsuit if Negotiations Fail
If the insurance company refuses to be reasonable, a lawsuit may be filed. This does not mean your case will definitely go to trial; many cases still settle afterward.
The lawsuit phase can involve:
- Written questions and document requests.
- Depositions (sworn statements) of you, the other driver, witnesses, and doctors.
- Independent medical examinations requested by the defense.
Throughout this process, your attorney guides you, prepares you, and continues to negotiate.
Deadlines to File
In most Pennsylvania car accident injury cases, you generally have two years from the date of the crash to file a lawsuit. Waiting too long can permanently destroy your right to recover.
Even though two years may sound like plenty of time, claims are almost always stronger when an attorney is involved early—while evidence is fresh and before you’ve made statements or mistakes that can be used against you.
Rest, Recover, and Be Patient
Car accident claims rarely resolve overnight. The process can take months or even longer, especially if your injuries are serious and you are still being treated.
During this time:
- Focus on healing and following medical advice.
- Let your attorney handle the legal and insurance issues.
- Keep good records, attend all appointments, and update your lawyer about changes in your condition.
Patience, combined with a strong legal strategy, often leads to much better outcomes than accepting the first offer just to “get it over with.”
How Philly Injury Lawyer Helps with the Car Accident Claims Process
Working with an experienced Philadelphia car accident lawyer takes the burden off your shoulders and helps level the playing field with insurance companies.
When you contact Philly Injury Lawyer:
- You get a free consultation to talk about what happened and your options.
- We investigate the crash, gather evidence, and identify all potential sources of compensation.
- We handle all communication with insurance companies so adjusters stop pressuring you.
- We help you document medical treatment, lost income, and all other losses.
- We prepare and present a detailed demand for fair compensation.
- If necessary, we file a lawsuit and take your case to court.
You pay no upfront fees. Our fee is contingent on recovery—We Win or It’s Free®.
Car Accident Claims Process – FAQ
Do I really need a lawyer for a car accident claim?
You are not required to hire a lawyer, but handling a claim alone is risky. Insurance companies handle claims every day and use that experience to limit what they pay. A lawyer understands the law, policy language, and negotiating tactics, and can usually obtain far more than an unrepresented person could get on their own, especially in cases involving injuries, missed work, or long-term effects.
How long do I have to file a car accident claim in Pennsylvania?
Most injury lawsuits must be filed within two years of the date of the crash. Some claims and insurance procedures have shorter time limits, especially for certain coverages. Waiting until the last minute is dangerous because evidence can be lost and mistakes can’t be fixed. It’s best to speak with a car accident lawyer as soon as possible after a crash.
What damages can I recover after a car accident?
Depending on the circumstances, you may be able to recover:
- Medical expenses (past and future).
- Lost wages and reduced earning capacity.
- Repair or replacement of your vehicle.
- Damage to personal property.
- Out-of-pocket expenses related to the crash.
- Pain and suffering and loss of enjoyment of life.
The exact damages depend on your injuries, insurance coverage, and who is at fault. An attorney can review your situation and explain what you may reasonably claim.
Should I accept the insurance company’s first settlement offer?
Almost never. Early offers are usually made before you know the full extent of your injuries and future costs. They are often designed to close your claim for as little as possible. Once you accept and sign a release, you generally cannot ask for more—even if you later need surgery or can’t return to your job. Always get legal advice before accepting a settlement.
What if I was partly at fault for the accident?
Even if you think you bear some responsibility, you should not assume you have no claim. Under comparative negligence rules, you may still recover compensation as long as you are not more than 50% at fault. Your recovery may be reduced by your share of fault, but you may still be entitled to significant damages. Fault is often more complicated than it first appears, and an attorney can help clarify it.
Will I have to go to court?
Many car accident claims settle without a trial. Sometimes a lawsuit must be filed to push the insurance company to take your case seriously, but even then most cases resolve before a judge or jury must decide. Your lawyer will advise you on whether a settlement offer is fair or whether it makes sense to continue toward trial.
If you’ve been involved in a car accident in Philadelphia or anywhere in Pennsylvania and want help navigating the claims process, contact Philly Injury Lawyer today for a free consultation.
We Win or It’s Free®.