Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney in Pennsylvania for guidance specific to your situation.
After a Pennsylvania car accident, identifying the at-fault driver’s insurer helps you pursue compensation. Here are four primary methods under Pennsylvania law:
1. Obtain the Official Crash Report
At the scene, law enforcement officers record insurance details provided by each driver. That information appears on the Pennsylvania Crash Report (Form MV-104A). You can request a copy:
- Online via PennDOT’s Crash Report Request portal.
- By mail using Form MV-104A mailed to PennDOT Crash Records, P.O. Box 68682, Harrisburg, PA 17106.
- In person at any PennDOT Driver and Vehicle Services office.
The report typically lists the at-fault driver’s insurer name, policy number and agent. Under 75 Pa.C.S. § 1705, drivers must carry and present proof of insurance at an accident scene (75 Pa.C.S. § 1705).
2. Use the Pennsylvania Right-to-Know Law
If you cannot get the crash report directly (for example, if it’s older than one year), you can file a request under the Pennsylvania Right-to-Know Law (65 P.S. §§ 67.101–67.3104). Submit a written request to PennDOT’s Open Records Officer. Include as many details as possible: date of crash, location and party names.
3. Ask the At-Fault Driver or Their Insurer Directly
Immediately after the crash, you can request insurance information from the at-fault driver or any passengers. If they refuse or fail to provide valid insurance proof at the scene, note that refusal on your crash report. Afterward, send a certified letter demanding the insurer’s name and policy number. Pennsylvania courts may impose sanctions if a driver knowingly withholds that information.
4. Use Civil Discovery Tools
If you file a lawsuit for damages, you can obtain insurance details through formal discovery:
- Interrogatories: Written questions requiring the at-fault driver to identify their insurer and policy limits.
- Requests for Production: Demand copies of the insurance declaration page and communication with the insurer.
- Subpoena Duces Tecum: Order the insurer to produce policy documents directly to the court.
Discovery ensures you learn the insurer’s identity and coverage limits necessary for settlement or trial preparation.
Helpful Hints
- Keep copies of all correspondence and certified-mail receipts when requesting records.
- Check your own policy’s underinsured/uninsured motorist (UM/UIM) coverage in case the at-fault driver lacked insurance.
- Review the crash report promptly; PennDOT retains records for only a limited period before archiving.
- Consult your insurer’s claims adjuster—they often contact the at-fault insurer and can share that information with you.
- If you hit an uninsured motorist, notify your insurer within Pennsylvania’s required timeframes under 75 Pa.C.S. § 1791 (75 Pa.C.S. § 1791).