How to Ensure the At-Fault Party’s Insurer Accepts Liability for My Injuries in Pennsylvania

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Detailed Answer: Securing Liability Acceptance in Pennsylvania

After an accident in Pennsylvania, you can encourage the at-fault party’s insurer to accept liability by following structured steps:

  1. Report the crash promptly: Contact the other driver’s insurer within days. Pennsylvania law requires all drivers to maintain liability insurance (75 Pa.C.S. §1711).
  2. Gather and preserve evidence: Take photos, secure witness statements, and obtain a certified copy of the police report from the local agency.
  3. Document your injuries: Seek medical treatment immediately. Keep all records, bills, and imaging to establish causation.
  4. Send a detailed demand letter: Address the insurer by name and include the policy number, date of loss, a clear description of facts, your injuries, treatment records, and a specific dollar demand. Cite your entitlement to first-party benefits if needed (75 Pa.C.S. §1791).
  5. Cooperate in the insurer’s investigation: Provide signed medical authorizations and recorded statements if requested. Pennsylvania regulations require insurers to investigate claims in good faith (31 Pa. Code §146.3).
  6. Negotiate in good faith: Evaluate their settlement offers, prepare counteroffers based on your documented damages, and be ready to argue liability and causation.
  7. File a lawsuit if needed: If negotiations stall, file suit before the two-year personal injury statute of limitations expires (42 Pa.C.S. §5524(2)).
  8. Pursue remedies for bad faith denials: If the insurer unreasonably denies or delays your claim, file a complaint with the Pennsylvania Insurance Department or consider a bad faith claim under 42 Pa.C.S. §8371.

Helpful Hints

  • Review the police report for diagrams and verify facts early.
  • Keep an injury journal detailing pain levels and recovery milestones.
  • Consider expert accident reconstruction if the insurer disputes fault.
  • Obtain medical opinions on long-term impacts of your injuries.
  • Track all communications with the insurer, including dates and names.

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

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.