Experiencing a car accident in Pennsylvania can be a distressing experience; however, failing to report the accident correctly may compound the situation. It is essential to generate documentation that supports your accident case. This entails supporting the occurrence of the accident, explaining its causation, and identifying the individuals involved. In order for the insurance company to accurately assess a claim, this information is necessary.
Under Pennsylvania's "choice no-fault" law, your personal injury insurance (PIP) policy holds your own insurance company accountable for covering any injuries you suffer in an accident. However, in the event that your injuries surpass your PIP limit or if you possess an insurance policy that is based on fault, you will still need to prove that the other motorist was at fault, and it may be necessary to file a third-party claim or lawsuit. Gathering every piece of evidence to substantiate your claim is of the utmost importance, regardless of whether you are contemplating initiating a personal injury lawsuit following a car accident or not.
Below are a few tips to thoroughly document all of the important details after your car accident. It is strongly advised to hire a Pennsylvania car accident attorney who has a proven track record. You should seek the counsel of an attorney without delay if you have any questions. As an attorney, Brandon J. Broderick possesses the required knowledge and skills to successfully guide you toward a positive resolution to your legal claim.
Exchange Information With the Other Drivers Involved in the Accident and File a Police Report
After being involved in a car accident, it is necessary to exchange information with the other driver(s) involved. This includes the individual's full name, contact details, driver's license, and insurance information.
If you want to file a claim, you will contact your own insurance company; if the accident was not your fault, you will contact the driver's insurer. Prior to contacting an insurance company or disclosing any sensitive information, it is highly advisable to seek the counsel of a Pennsylvania car accident attorney. You can receive counsel from an attorney, who will assume all communication with the insurance company if you retain their services.
Obtaining a police report that contains accurate and comprehensive details regarding a car accident will have a significant impact on your personal injury or auto accident claim. An officer may also obtain witness statements that are beneficial in pursuing claims.
Insurance claims typically require a police report; therefore, after any car accident, you should immediately contact the police.
If no one was injured in a minor collision, such as a rear-end accident, you do not need to report the accident to the police. In Pennsylvania, accidents resulting in bodily harm or fatality are required to be reported to law enforcement per Pa. C.S.A. §3744. You must contact law enforcement if a vehicle has sustained permanent damage and cannot be driven away from the scene of the accident; it must be towed or removed by other means.
If, due to unforeseen circumstances, law enforcement is unable to arrive at the accident scene before all matters are resolved, all parties involved are required to complete Form AA-600 within five days.
Documentation by Photograph or Video Can Be Beneficial Even in Minor Accidents
Immediately after the accident, it has not yet been determined whether you are at fault. The determination of fault is a question of fact, unless a party admits fault at the scene; in such cases, the documentation will assist with determining fault. Determining fault for an accident can be aided through the use of evidence such as photographs of the vehicle, the location, and skid marks in the road.
Occasionally, despite the existence and filing of a police report, fault cannot be determined. The documentation that you can provide will eventually back up your attorney's position that you are not at fault.
Should fault be initially admitted and you are identified as the victim, the documentation that you collect at the accident scene will serve to substantiate your account of the events. Without any knowledge of the incident's location, occurrence, or yourself, an insurance adjuster will be assigned to your case. Photographs of the scene, the vehicles, and the involved parties will make it easier to document the accident, including the circumstances surrounding the injuries sustained.
After examining the vehicle damage, attorneys and specialists are able to identify the injury mechanism. This furthers the case that your attorney is attempting to establish that the accident caused your injuries. Ultimately, everything rests on the manner in which your body was thrown and moved during the accident. Proof of this is limited to documentation. Proof of what happened, regardless of your fault, requires that you have multiple photographs of the collision, including any vehicle damage, injuries, and elements that may have contributed to the accident.
Claiming Compensation in Pennsylvania Following a Car Accident
After all damages have been accurately documented, the final step is to file a claim for compensation for losses, including medical expenses and automobile repair costs. While some drivers wait until they return home, others immediately contact their insurance company. We recommend that you consult with a Pennsylvania car accident attorney prior to contacting your insurance company. In either case, sufficient documentation is required to notify the claims agent and finalize the claims process.
Despite Pennsylvania being considered a no-fault state, certain circumstances still allow accident victims to initiate a lawsuit. In the event that your injuries or insurance policy make you eligible to pursue legal action against the negligent party, you will be required to comply with the state's filing deadline.
A lawsuit may be filed within a period of two years from the date of the accident, as stipulated in Section 42 Pa. C.S.A. § 5524. Neglecting to comply with the statute of limitations could prevent your ability to seek compensation and require you to bear the full financial burden of your accident-related damages.
Although exceptions to the state's filing deadline do exist, plaintiffs rarely possess the ability to take advantage of them. It is very important that you contact an attorney immediately in order to file your lawsuit on time.
Following a PA Car Accident, Brandon J. Broderick Is Here To Assist You Day or Night With Your Claim
It is typically possible to determine the fault of the other driver in a car accident through the utilization of medical records, electronic evidence, testimony from witnesses, and police reports. This evidence may be sufficiently strong to prove the other driver's liability.
Our top Pennsylvania car accident attorneys are able to evaluate the existing evidence that you have collected and may even acquire more evidence to help strengthen your case. Regardless of the insurance adjusters' denials or attempts to downplay, and despite the opposition from other attorneys, we possess extensive experience in effectively advocating for our clients over the course of several decades.
Our firm, Brandon J. Broderick, Attorney at Law, places the highest value on client service. We are one of the area's top-rated law firms for car accidents, with offices throughout Pennsylvania.
For a free consultation, please contact us today. We look forward to assisting you.