What To Do After a Car Accident That’s Not Your Fault
If you’ve been in a car accident that wasn’t your fault, you might wonder how to best protect your rights. Ensuring the safety of everyone involved and seeking medical attention are top priorities, but they aren’t the only things you should keep in mind. Following the appropriate steps after an accident can preserve your legal options, help you successfully navigate the often-complex insurance claims process, and maximize your chances of receiving a fair personal injury settlement.
What Steps Should I Take After a Car Accident That Wasn't My Fault?
It can be hard to know what to do after you’ve been in a car accident that wasn’t your fault. There are a few steps you should keep in mind in the event of a crash. Following these steps can help preserve your claim and prevent you from being found at fault for a crash.
Make Sure Everyone Involved Is Safe
The most important thing to keep in mind after any car accident is the safety of the parties involved. Move to a safe area and check yourself and others for injuries.
Pennsylvania law imposes specific obligations on drivers involved in car accidents. Among these is the duty to render assistance and call for help for any injured drivers at the scene. Drivers must also exchange complete contact and insurance information with all other drivers involved.
It’s illegal to leave the scene of a car accident in Pennsylvania. Leaving the scene could lead to criminal charges, even if you aren’t at fault for the accident.
Collect Essential Information and Evidence
Pennsylvania drivers must provide contact and insurance information to other drivers after a crash. Before leaving the accident scene, make sure you have collected this information from other drivers involved. Also, note the license plate number of other vehicles involved. Furthermore, get contact information and statements from any witnesses or bystanders.
It’s also critical to note important details of the accident. Filing a police report is one way to ensure that critical details are documented. However, you should also take your own notes to verify the accuracy of any official report.
Finally, take photos of vehicle damage, debris, traffic signals and signs, skid marks, and road conditions. Such photos can serve as valuable evidence for your personal injury claim. Photos of the damage when it’s still fresh are particularly persuasive.
File a Police Report
Depending on the facts of your car accident, filing a police report may be legally required in Pennsylvania. Pennsylvania law requires a police report if the accident involves injury, death, or significant property damage, typically totaling over $1,000.
Even if you’re not required to file one by law, police reports are important records of objective facts that can serve as evidence in a personal injury claim. Be sure to provide an accurate description of what happened to the police. Be as thorough and factual as possible, and don’t exaggerate. Stretching the truth damages the report’s credibility and can make you appear unreliable or dishonest.
Always request a copy of the police report after filing. Even if the other involved party doesn’t want to involve the police or press charges, it’s still in your best interest to file the report. Insurance companies and attorneys tend to refer heavily to the police report when determining fault after a crash.
Seek Medical Attention as Soon as Possible
It’s essential to seek medical attention as soon as possible after a car accident, even if you feel fine. Many injuries, particularly head injuries like concussions or traumatic brain injuries, are not immediately apparent but can worsen into disabling conditions if not detected and treated promptly.
In addition, medical records create a paper trail documenting your injuries and damages. You’ll need to present proof supporting your claim, and medical records serve as powerful evidence that can link your injuries to your accident.
Don't Apologize or Admit Fault
It is absolutely critical not to admit fault at the scene of a car accident. It’s easier to make an admission of fault than you might think. Under Pennsylvania law, simply apologizing or saying you regret the accident can be considered a statement of fault.
Even statements that seem to put fault on the other driver risk being misinterpreted at the scene—for example, “I was paying attention” could be heard as, “I wasn’t paying attention” while traffic is rushing by.
Pennsylvania has a modified comparative negligence law that bars you from recovering compensation if you are more than 50 percent responsible for the accident. You can recover damages if you are not more than 50 percent at fault for the accident, but your compensation will be reduced in proportion to your share of the blame. Thus, any admission of even partial fault for an accident can reduce the settlement you receive. Try to limit discussion at the scene of the crash to the information and help you’re legally required to provide.
Notify Your Insurer About the Accident
After a car accident, inform your insurance company as soon as possible. However, keep the conversation with your insurer completely factual. Be careful to stick closely to objective information. Don’t exaggerate what happened and avoid speculation about fault—whether your own or the other driver’s. Having suggestions of fault in either direction on your insurer’s record of the incident can affect your case later.
It’s important to act promptly. The statute of limitations for personal injury claims in Pennsylvania is two years from the date of the injury. If you don’t file suit before the
How Do I Know a Car Accident Was Likely Not My Fault?
It can be difficult to prove that a car accident wasn’t your fault, but there are some signs that you may not be to blame.
Gathering evidence is critical to proving that you weren’t at fault for an accident. Sources of evidence can include the following:
- Photographs
- Forensic evidence
- Surveillance or traffic light footage
- Police reports
- Witness interviews
The process of investigating and gathering evidence might seem daunting, but a reliable Pennsylvania car accident attorney can do it for you. They’ll collect all the necessary evidence that can help you show a judge that the car accident wasn’t your fault.
How Can I Prove I Wasn't at Fault for the Accident?
Given Pennsylvania’s comparative negligence laws, proving fault is critical to receiving compensation. If you’re even partially at fault, your settlement amount can be affected.
A knowledgeable Pennsylvania car accident attorney can help ease the process of recovering compensation and proving fault. Your attorney will work with the facts of your case to determine the responsibility the other party holds for the accident. They’ll investigate and examine evidence such as photographs, video footage, and police reports thoroughly to look for proof a driver was distracted, failed to obey traffic laws, or operated their vehicle without due care, causing the collision.
Is Pennsylvania a No-Fault State?
Pennsylvania is a no-fault car insurance state. Drivers must purchase mandatory personal injury protection coverage, or PIP, which covers accident-related medical costs, lost wages, and certain other economic damages up to the policy limit.
After an accident, drivers must first pursue a claim under their PIP coverage, regardless of who is at fault. Drivers must exhaust their own PIP coverage before pursuing damages from an at-fault party.
In Pennsylvania, policyholders must select from two types of car insurance: full and limited tort. Full tort insurance coverage allows policyholders to recover both economic and non-economic damages, such as pain and suffering, from an at-fault party after exhausting their PIP coverage.
However, drivers who select the limited tort option can generally only recover economic damages—meaning out-of-pocket expenses such as medical bills or lost wages—from an at-fault driver. If you have limited tort coverage, you can only recover non-economic damages under the following circumstances:
- You were a pedestrian.
- You were a motorcyclist.
- A commercial vehicle caused the accident.
- A drunk driver struck you.
- You were hit by a vehicle registered out of state.
- Your injuries resulted in “death, serious impairment of bodily function, or permanent serious disfigurement.”
- Your insurance company failed to notify you appropriately of your coverage options.
It’s always best to consult a Pennsylvania car accident lawyer regarding your insurance coverage. An attorney will be able to help you determine what damages you may be eligible to recover based on the facts of your case.
Contact a Pennsylvania Car Accident Attorney Today
If you’ve been in a car accident in Pennsylvania, contact a reliable car accident attorney as soon as possible. The nationally recognized attorneys at Cordisco & Saile LLC have won over $100 million in compensation for our clients over our 30-plus years of legal practice. We try to remove as much stress as possible from the claims process.
Call (215) 642-2335 or contact us online today for your free legal consultation.
