Car crashes in Philadelphia raise a lot of questions.
Between confusing insurance rules, deadlines, medical bills, and vehicle repairs, it can be hard to know where to start. This FAQ page is designed to answer the most common questions we hear at Philly Injury Lawyer and to explain your rights in clear, simple language.
Remember: these answers provide general information. Your situation may have unique details, so it is always wise to speak directly with a lawyer about your specific case. We Win or It’s Free®.
What should I do right after a car accident in Philadelphia?
First, focus on safety. If you can move, check yourself and others for injuries and call 911. Do not leave the scene if anyone is hurt or property is damaged.
If it is safe:
- Move vehicles out of traffic, if possible.
- Turn on hazard lights.
- Wait for police and emergency responders.
Once immediate safety is handled, exchange basic information with the other driver, including names, contact details, and insurance information. If you are able, take photos and videos of the vehicles, the road, traffic signals, skid marks, and any visible injuries.
Even if you feel “okay,” seek medical evaluation as soon as possible. Some injuries, including head, neck, and back injuries, can take hours or days to fully appear. Finally, contact a car accident lawyer before giving detailed statements to insurance companies.
Do I need to call the police for every crash?
In most situations, yes. If there are injuries, suspected injuries, or significant property damage, you should call the police and report the accident. A police report creates an official record of the crash, documents the location and time, and may include an initial assessment of fault.
A police report can be very important when:
- The other driver changes their story later.
- An insurance company disputes what happened.
- Witnesses are involved.
- Serious injuries appear after the scene has cleared.
If the police cannot respond or tell you to exchange information and file a report later, follow their instructions carefully and document as much as you can on your own.
Should I talk to the other driver’s insurance company?
You should report the crash to your own insurance company, but you should be very careful about speaking with the other driver’s insurer. Their job is to pay as little as possible on your claim.
If the other driver’s insurance company calls you:
- You can provide basic information like your name and contact details.
- You should avoid giving a recorded statement before speaking to a lawyer.
- You should not guess about speeds, distances, or fault.
- You should not accept any settlement or sign any forms without legal advice.
A quick settlement offer often means the insurer is trying to resolve your claim cheaply before you understand the full extent of your injuries. Once you sign a release, you usually cannot go back for more, even if new problems arise.
How long do I have to file a car accident claim in Pennsylvania?
In general, Pennsylvania’s statute of limitations for personal injury claims arising from car accidents is two years from the date of the crash. This is the deadline for filing a lawsuit in court, not for making an insurance claim. Waiting too long can bar you from recovering anything.
However, there are important exceptions:
- If a loved one dies from crash-related injuries, a wrongful death claim is often measured from the date of death.
- If a minor child is injured, their deadline may not begin until they turn eighteen.
- Claims against government entities typically have additional notice requirements that can be much shorter than two years.
Because these rules can be complex, it is important to talk to an attorney as soon as possible after a crash, especially if there are serious injuries.
What if I am partly at fault for the crash?
Pennsylvania follows a modified comparative negligence rule. This means:
- You can still recover compensation if you are not more than 50 percent at fault.
- Your compensation is reduced by your percentage of fault.
For example, if a jury finds you 20 percent responsible and your total damages are one hundred thousand dollars, your recovery would be reduced to eighty thousand dollars.
Insurance companies may exaggerate your share of fault to lower what they pay. A skilled car accident lawyer can review the evidence, challenge unfair accusations, and work to show that the other driver—or another party—bears the majority of responsibility.
What is the difference between “limited tort” and “full tort”?
In Pennsylvania, your auto insurance policy may be labeled as limited tort or full tort. This choice affects your ability to seek compensation for pain and suffering after a crash.
- Full tort generally gives you the right to pursue both economic damages (like medical bills and lost wages) and non-economic damages (like pain, suffering, and loss of enjoyment of life), even for less severe injuries.
- Limited tort often restricts your ability to claim non-economic damages unless your injuries meet certain thresholds, such as serious or permanent impairment. There are exceptions, such as when the at-fault driver is drunk, driving a vehicle registered out of state, or engaging in certain types of misconduct.
Many people do not know which option they selected or how it affects their rights. We review your policy as part of our free consultation and explain what it means for your case.
How does medical coverage work after a crash?
Pennsylvania is sometimes called a “choice no-fault” state. Most auto policies include a form of personal injury protection or medical benefits coverage that pays for medical bills after a crash, regardless of who was at fault, up to the policy’s limits.
Typically:
- Your own auto insurance’s medical benefits pay first for accident-related treatment.
- Once that coverage is exhausted, health insurance may step in.
- In a liability claim, you may seek reimbursement for medical expenses from the at-fault driver’s insurer.
This can be confusing, especially when multiple policies are involved or when you were a passenger in someone else’s vehicle. We help you understand which coverage applies, how to handle medical billing, and how to protect your credit while your case is pending.
Who pays my medical bills if I do not have health insurance?
If you own a vehicle and carry auto insurance, your medical benefits coverage should still apply up to the limits on your policy, even without separate health insurance. If you were a passenger or pedestrian, the order of coverage can be more complicated and may involve the policy of a family member or the driver’s policy.
When these options do not cover all of your bills, you may:
- Seek payment from the at-fault driver’s liability coverage as part of a settlement or verdict.
- Work with providers who are willing to delay collection while your case is pending.
- Use payment arrangements that recognize the pending claim.
We regularly help clients coordinate these pieces and work to keep collection pressures from overwhelming them during recovery.
Can I recover money for pain and suffering?
In many cases, yes. In addition to medical bills and lost wages, Pennsylvania law allows injured people to seek compensation for non-economic damages, including:
- Physical pain and discomfort
- Emotional distress and anxiety
- Loss of enjoyment of life
- Scarring and disfigurement
- Impact on relationships, hobbies, and daily activities
Your right to pursue these damages may depend on factors such as:
- Whether you chose limited tort or full tort coverage
- The seriousness and permanence of your injuries
- How the crash happened and who was at fault
We carefully document how your injuries affect your day-to-day life, not just what appears in a medical chart.
What if the driver who hit me has no insurance or not enough?
Unfortunately, some drivers in Philadelphia have no insurance, carry only minimum coverage, or flee the scene after causing a crash. In these situations, your own policy may offer protection through:
- Uninsured motorist coverage
- Underinsured motorist coverage
These coverages can step in when the at-fault driver has no insurance, lacks enough insurance to fully cover your losses, or cannot be identified (such as in a hit-and-run). Many people do not realize they have these protections or how to use them.
We review your policy, explain your options, and help you pursue all available coverage sources.
What if I am injured as a passenger?
Passengers generally have strong claims because they rarely share fault for the crash itself. Depending on the situation, you may have claims against:
- The driver of the vehicle you were riding in
- The other driver, if they were also at fault
- Both drivers, if they share responsibility
You may also access coverage under your own auto policy, including medical benefits and uninsured/underinsured motorist coverage. Even if the at-fault driver is a friend or family member, their insurance—not them personally—usually pays the claim. We can help you navigate these sensitive situations.
What if I am hit as a pedestrian or cyclist?
Pedestrians and cyclists are extremely vulnerable in crashes. Even at relatively low speeds, impacts can cause severe injuries. If a driver fails to yield, runs a light, speeds through a crosswalk, or simply does not see you, they may be held responsible for your injuries.
Your claim may involve:
- The driver’s liability coverage
- Your own auto policy’s medical benefits, even if you were not in a car
- Uninsured or underinsured motorist coverage
We examine the intersection design, signal timing, visibility, and any history of past crashes at that location to strengthen your claim.
Collisions involving rideshare drivers, delivery services, or commercial vehicles can be especially complex. These cases may involve:
- Different layers of insurance depending on whether the app was on or off
- Commercial liability policies
- Employer responsibility for an employee’s driving
- Conflicts between personal and company insurance
We determine which policies apply and pursue claims in the correct order so you do not miss out on valuable coverage.
What if I was working when the crash happened?
If you were driving for your job or traveling for work when the crash occurred, you may have both:
- A workers’ compensation claim
- A personal injury claim against the at-fault driver and others
Workers’ compensation can help with medical bills and a portion of lost wages, regardless of fault. A separate personal injury case may allow you to recover additional damages, including pain and suffering, from the responsible parties. We coordinate these claims to maximize your total recovery and avoid unnecessary conflicts between insurers.
How is the value of my case determined?
No two car accident cases are identical. The value of your case depends on many factors, including:
- The severity and permanence of your injuries
- The amount of your medical bills and expected future treatment
- How much work you missed and how your earning capacity is affected
- The impact of your injuries on daily activities and quality of life
- The degree of fault on each side
- The amount of available insurance coverage
- Whether your injuries meet any thresholds related to limited tort
We gather medical records, employer statements, expert opinions, and your own account of how the crash changed your life. Then we present a clear, evidence-based demand to the insurance companies.
How long will my car accident case take?
Some cases resolve in a matter of months through settlement. Others, especially those involving serious injuries, multiple defendants, or complex liability disputes, can take longer and may require filing a lawsuit.
Timing depends on:
- How quickly you reach a point of maximum medical improvement
- How complex the liability issues are
- Whether the insurance company negotiates fairly
- Court schedules if litigation becomes necessary
Throughout the process, we keep you informed, discuss your options at each stage, and balance the need for fair compensation with your desire for closure.
Will I have to go to court?
Many car accident cases settle without a trial. However, you should be prepared for the possibility of going to court if:
- The insurance company denies responsibility or offers far less than your case is worth.
- There are serious disputes about fault or the extent of your injuries.
- There are complex legal issues that require a judge’s decision.
Even if a lawsuit is filed, many cases still settle before trial. We prepare every case as if it may go to court, which often leads to better settlement offers.
How much does it cost to hire Philly Injury Lawyer?
We work on a contingency fee basis. That means:
- You pay no upfront retainer.
- You owe no hourly fees.
- Our fee is a percentage of the money we recover for you.
- If we do not win or settle your case, you do not owe us an attorney’s fee.
We explain the fee structure clearly at your free consultation so there are no surprises.
What if an insurance company already offered me a settlement?
You have the right to consult a lawyer before accepting any settlement. Early offers are often much lower than the true value of your claim, especially if you are still receiving treatment or do not yet know whether your injuries will fully heal.
If you bring us a settlement offer:
- We review your medical records, bills, and lost wages.
- We compare the offer to what similar cases often resolve for.
- We explain whether the offer seems fair or not.
- We outline what additional evidence might raise the value.
Once you sign a release, you generally cannot seek more money for the same crash. It is critical to get legal advice before making that decision.
What if I did not feel hurt at the scene but developed pain later?
It is very common to feel an adrenaline rush after a crash. Shock and stress can mask pain, and some injuries—like soft tissue injuries, concussions, and internal trauma—may not show full symptoms right away.
If you start to feel pain, stiffness, headaches, dizziness, numbness, or other new symptoms in the hours or days after a crash:
- Seek medical attention promptly.
- Tell the doctor about the car accident and when your symptoms started.
- Follow your treatment plan and keep a record of your symptoms.
Insurance companies may argue that delayed symptoms are unrelated, so getting prompt medical documentation is very important.
What if I had a prior injury to the same body part?
A prior injury does not prevent you from recovering compensation. The law recognizes that a crash can:
- Worsen an existing condition
- Turn a manageable problem into a serious one
- Change a mild, occasional pain into a constant, disabling one
The at-fault party is responsible for the aggravation or worsening of your pre-existing condition. We work with your doctors to show how your health changed after the crash and what that means for your future.
It is usually best to avoid posting about your accident, injuries, or legal case on social media. Insurance companies and defense lawyers may review your posts and photos to try to:
- Argue that you are less injured than you claim
- Take your comments out of context
- Question your credibility
Even harmless-seeming posts can be misinterpreted. Until your case is resolved, it is safest to keep details about the crash and your recovery off social platforms.
What documents should I bring to my free consultation?
Bringing documents helps us give you more detailed advice at your first meeting. Helpful items include:
- The police report or report number
- Photos or videos from the scene
- Insurance cards and your auto policy information
- Any letters or emails from insurance companies
- Medical records or discharge papers
- Bills and receipts related to the crash
- Pay stubs or proof of lost income
If you do not have everything yet, do not worry. Come with whatever you have, and we will help you obtain the rest.
How does a free consultation with Philly Injury Lawyer work?
A free consultation is your chance to ask questions and get clear information about your options. During the consultation, we typically:
- Listen to your story and how the crash happened
- Ask about your injuries, treatment, and work situation
- Review any documents you bring
- Explain relevant laws in plain language
- Outline potential next steps and strategies
There is no obligation to hire us. Our goal is to give you the information you need to make an informed decision about your case.
What makes Philly Injury Lawyer different?
We focus on helping injured people in Philadelphia and surrounding areas. Our approach emphasizes:
- Personal attention and clear communication
- Honest guidance about the strengths and risks of your case
- Deep experience with car accident, truck accident, pedestrian, and related claims
- Willingness to take on tough cases and push back against powerful insurers
- A contingency fee structure: We Win or It’s Free®
We treat our clients like people, not file numbers. When you work with us, your case matters.
What should I do today if I am unsure whether I have a claim?
If you were hurt in a car accident in Philadelphia and are unsure what to do next:
- Get any needed medical care.
- Gather whatever documents you have.
- Write down your memories of the crash while they are still fresh.
- Contact Philly Injury Lawyer for a free consultation.
You do not lose anything by learning your rights, but you could lose important protections if you wait too long. Let us answer your questions, explain your options, and help you decide on the best path forward. We Win or It’s Free®.