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:
- 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).
- Gather and preserve evidence: Take photos, secure witness statements, and obtain a certified copy of the police report from the local agency.
- Document your injuries: Seek medical treatment immediately. Keep all records, bills, and imaging to establish causation.
- 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).
- 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).
- Negotiate in good faith: Evaluate their settlement offers, prepare counteroffers based on your documented damages, and be ready to argue liability and causation.
- 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)).
- 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.