Pennsylvania: Moving a Personal Injury Claim Forward After You Receive the Crash Report

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to Do Next After Receiving a Pennsylvania Crash Report: A Step-by-Step FAQ-Style Guide

Detailed answer — next steps to move a personal injury claim forward in Pennsylvania

Receiving the official crash report is an important milestone. The report helps you understand what the responding officer recorded and gives key facts you can use when notifying insurers, collecting evidence, and (if needed) preparing a demand or lawsuit. Below is a clear, practical roadmap you can follow. This overview reflects common Pennsylvania practice and important legal limits, but it does not replace advice from a qualified attorney.

1) Preserve and verify the crash report

  • Obtain an official, certified copy if possible (local police or PennDOT can advise on records requests).
  • Check the report for errors in names, dates, locations, vehicle descriptions, and diagram/sequence of events. Note any inconsistencies with your memory or photos.
  • Make multiple copies and save a scanned version in several places (email, cloud, hard drive).

2) Continue prompt medical evaluation and document injuries

  • Seek medical care right away and follow all treatment recommendations. Ongoing treatment records are often the single most important element of a personal injury claim.
  • Ask each treating provider for itemized bills, diagnosis codes, and objective findings (X‑rays, MRIs, prescriptions, physical therapy notes).
  • Keep a symptom diary showing how injuries affect daily life, work, and sleep.

3) Notify your insurance company and preserve claim numbers

  • Report the crash to your insurer and to the other driver’s insurer (if you have their info) promptly. Give only basic facts; avoid detailed recorded statements until you understand your injuries and exposure.
  • Record claim numbers, adjuster names, and any deadlines the insurers set.

4) Collect and secure evidence tied to the crash report

  • Photographs: vehicle damage, road conditions, visible injuries, traffic signs, and the scene. Date-stamp or preserve metadata.
  • Witness information: names, phone numbers, and short written statements describing what they saw.
  • Repair estimates, towing receipts, and rental car records.
  • Preserve the vehicle (don’t repair if you may need an inspection) or photograph all damage before repair.

5) Compare the crash report to other evidence and correct mistakes

  • If the report has factual errors (wrong driver, location, or sequence), contact the reporting agency to ask about corrections or to add a supplemental statement.
  • Document your request for correction in writing and keep responses.

6) Understand damages you can seek

  • Economic damages: medical bills, future medical costs, lost wages, diminished earning capacity, vehicle repair/replacement, and other out‑of‑pocket expenses.
  • Non‑economic damages: pain and suffering, emotional distress, loss of enjoyment of life. These are typically harder to quantify and often require medical and lay evidence.
  • If the at‑fault driver had no insurance, investigate your own uninsured/underinsured motorist (UM/UIM) coverage.

7) Consider pre‑suit demand and negotiation

  • When medical treatment has stabilized and you can reasonably estimate damages, prepare a demand packet: letter of claim, crash report, medical records and bills, lost wage documentation, photos, and repair estimates.
  • Send the packet to the at‑fault driver’s insurer and to any applicable UM/UIM insurer for your own policy.
  • Expect insurer investigations and low initial offers. Keep negotiating and document every communication.

8) Know the timing: statute of limitations and deadlines

Under Pennsylvania law, most personal injury claims must be filed within two years from the date of the injury. That statute of limitations is codified at 42 Pa.C.S. § 5524. If you miss the deadline you will likely lose the right to sue. See the statute: 42 Pa.C.S. § 5524 (limitations). Some claims may have different deadlines (claims against municipalities or certain governmental bodies often have shorter notice requirements), so verify the exact timing that applies to your case.

9) When to file suit

  • File suit if insurer negotiations fail and your damages justify litigation. A lawsuit preserves your claim and starts formal discovery (depositions, records subpoenas, interrogatories).
  • Before filing, confirm no special notice or shorter deadline applies (e.g., government defendants).

10) When to hire an attorney

  • Consider hiring an attorney if injuries are significant, liability is disputed, the insurer denies or lowballs the claim, multiple parties are involved, or if complex damages (future medical care, permanent disability) exist.
  • Attorneys often work on contingency (no fee unless you recover). An initial consultation can clarify strength of case and timelines.

11) Understand comparative fault

Pennsylvania applies a modified comparative negligence rule: if you are found to be more than 50% at fault, you cannot recover; if you are 50% or less at fault, your recovery is reduced by your percentage of fault. Keep this in mind when documenting facts that support the other driver’s responsibility.

12) Practical timeline and expectations

Simple claims (minor injury, clear liability) may settle in a few months. More serious injuries or disputed liability can take 12–24 months or longer, especially if a lawsuit is required. Stay organized and keep a timeline of treatment and communications.

Important statutory reference: 42 Pa.C.S. § 5524 (two‑year statute of limitations) — https://www.legis.state.pa.us/.

Disclaimer: This is general information only and is not legal advice. For advice specific to your situation, consult a licensed Pennsylvania attorney.

Helpful hints

  • Act quickly: preserve evidence, get medical care, and note deadlines.
  • Never sign a full release or accept a settlement before you know the full extent of your injuries.
  • Keep a single organized folder (digital and physical) for all accident paperwork: crash report, medical records, bills, receipts, photos, and communications.
  • Be cautious with recorded statements to insurers. Provide basics but avoid narrating symptoms or admitting fault until you’ve consulted counsel.
  • If the crash report is incorrect, ask the reporting agency how to add a supplement or correction and keep a record of your request.
  • Check your own policy for UM/UIM coverage and medical payment (MedPay). Those benefits may apply even if the other driver is uninsured or underinsured.
  • Take screenshots of any online maps or traffic camera images that may disappear later.
  • Use a mileage log if you miss work or attend multiple medical appointments; lost wages must be documented.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.