Car accidents are stressful and often result in both physical and financial challenges. Pennsylvania, as a no-fault state, has specific rules governing how long individuals have to file a claim after an accident. Timely filing is essential to ensure compensation for damages like medical expenses, lost wages, and vehicle repairs. Understanding the legal deadlines and processes can prevent unnecessary obstacles in your pursuit of justice.

Pennsylvania Statute of Limitations for Car Accident Claims

In Pennsylvania, the statute of limitations refers to the legal timeframe that you can file a lawsuit. For car accident cases, this is typically two years from the date of the accident. If you miss this deadline it could result in your case being dismissed, regardless of its merits.

Key Details About the Statute of Limitations:

• Personal Injury Claims: Victims seeking compensation for injuries must file within two years of the accident date.
• Property Damage Claims: If the claim pertains solely to vehicle or property damage, the two-year limitation still applies.
• Wrongful Death Claims: When a car accident ends in a fatality, the deceased's family has two years from the date of death to file a claim.

Exceptions to the Statute of Limitations

Certain circumstances may extend or reduce the timeframe to file a claim, including:

• Discovery of Injuries: In some cases, injuries may not manifest immediately. The "discovery rule" allows the two-year period to begin when the injury is first discovered or reasonably should have been discovered.
• Claims Involving Minors: If a minor is injured, the two-year statute of limitations begins when the individual turns 18, granting them until their 20th birthday to file a claim.
• Government Entities: If the accident involves a government vehicle or employee, you may need to file a notice of intent within six months of the incident.

Filing an Insurance Claim in Pennsylvania

As a no-fault state, Pennsylvania requires drivers to carry Personal Injury Protection (PIP) coverage. This insurance was created to cover medical expenses and lost income regardless of fault.

Steps to File an Insurance Claim:

1. Notify Your Insurer Immediately: Most insurance companies have strict deadlines for reporting accidents, often within 24 to 48 hours.
2. Gather Evidence: Include photos, witness statements, police reports, and medical records to support your claim.
3. Understand Your Policy: PIP typically covers medical expenses up to your policy limits. Claims exceeding these limits may require additional legal action against the at-fault driver.

Comparative Negligence in Pennsylvania

Pennsylvania follows a modified comparative negligence rule for personal injury claims, which allows accident victims to recover damages even if they share partial fault, provided they are less than 51% responsible. However, their compensation will be lowered by their percentage of fault.

Example:

• If you are deemed 20% at fault for an accident and your total damages amount to $50,000, you would be eligible to recover $40,000 (80% of the total).

Importance of Acting Quickly

While two years might seem like ample time, delays in filing can jeopardize your claim. Evidence may be lost, memories fade, and witnesses become harder to locate. Additionally, insurance companies may question delays in seeking medical attention, potentially weakening your case.

Benefits of Early Action:

• Preservation of Evidence: Police reports, surveillance footage, and vehicle damage are more accessible shortly after the accident.
• Witness Testimonies: Securing statements early ensures accurate and reliable accounts.
• Medical Documentation: Prompt medical evaluations help establish a distinctive link between the accident and your injuries.

Statistics on Car Accidents in Pennsylvania

Based on information from the Pennsylvania Department of Transportation (PennDOT), there were 104,475 reportable traffic crashes in 2022, resulting in:

• 1,179 fatalities
• 61,299 injuries

These numbers highlight the prevalence of car accidents and the importance of knowing and understanding your legal rights.

Seeking Legal Assistance

Consulting an experienced personal injury attorney will make sure your rights are protected and maximizes your chances of fair compensation.

How Attorneys Can Help:

• Evaluate Your Case: Determine how strong your claim is and the potential compensation.
• Negotiate with Insurers: Prevent lowball offers and advocate for full coverage.
• File Necessary Documentation: Ensure all paperwork is submitted correctly and on time.

Conclusion

In Pennsylvania, you generally have two years to file a car accident claim, but exceptions and complications can impact this timeline. Acting promptly after an accident is critical for protecting your rights and securing fair compensation. Whether dealing with insurance companies or pursuing a lawsuit, understanding the law and seeking professional guidance can make all the difference in your recovery journey.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.