Detailed Answer
Short overview: If another driver ran stop signs and hit your car in Pennsylvania, you generally can make a claim for your medical bills, vehicle damage, lost wages, and other losses. Start by getting medical care and a police crash report. Then notify your insurer, collect evidence, and either settle with the at-fault driver’s insurer or file a civil lawsuit before Pennsylvania’s statute of limitations runs out.
Step-by-step guide to filing a claim in Pennsylvania
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Get medical attention immediately.
Protect your health and create a medical record linking treatment to the crash. Even if injuries seem minor, some crash injuries show up days later.
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Call the police and obtain a crash report.
A responding officer will usually file a crash report. That report documents statements, diagrams, and any traffic citations. Keep either a copy of the report or the report number and the police department contact information.
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Preserve evidence at the scene.
Take clear photos of vehicle damage, vehicle positions, skid marks, traffic controls (stop signs), road conditions, and your injuries. Get names and contact information for witnesses. Preserve any damaged clothing or equipment if relevant.
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Notify your insurance company.
Report the crash to your insurer as soon as possible. Pennsylvania insurance policies typically require prompt notice. Ask your insurer about first-party coverage (collision, medical payments, wage loss) and whether uninsured/underinsured motorist coverage applies.
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File a claim with the at-fault driver’s insurer.
Supply the insurer with the crash report number, photos, medical records, repair estimates, and proof of wages lost. The insurer will investigate liability and damages. Expect requests for recorded statements and for medical authorizations; consult a lawyer before giving extensive recorded statements.
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Document every expense and loss.
Keep medical bills, receipts, repair estimates, pay stubs showing lost income, and a diary describing pain, disability, or care needs. These items support your demand for compensation.
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Understand Pennsylvania’s comparative-fault rule.
Pennsylvania reduces a plaintiff’s recovery by the plaintiff’s own percentage of fault. If a jury or insurer finds you partially at fault, your compensation will be reduced by that percentage. If your percentage of fault exceeds the statutory limit (see the statute below), you may be barred from recovering.
See the Pennsylvania comparative negligence statute: 42 Pa.C.S. § 7102 (legislative text).
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If the insurer denies your claim or offers too little, consider a lawsuit.
File a civil action for negligence against the at-fault driver in the county court (typically the Court of Common Pleas where the crash happened). In Pennsylvania, an injured person generally must file within two years after the injury was discovered or should have been discovered. See 42 Pa.C.S. § 5524 for the two-year limitation on personal injury claims: 42 Pa.C.S. § 5524.
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Consider alternative paths when the other driver lacks insurance.
If the other driver is uninsured or underinsured, your own uninsured/underinsured motorist coverage (if you purchased it) may cover your losses. Notify your insurer promptly and follow their procedures.
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Get legal help when needed.
Insurance negotiations, damage valuation, allocation of fault, and courtroom procedure can be complex. If injuries are significant, liability is disputed, or the insurer’s offer is low, consult a licensed Pennsylvania attorney who handles motor vehicle injury claims.
What you need to prove in a Pennsylvania negligence claim
To recover damages you must show:
- The other driver owed you a duty of care (drivers must follow traffic laws and drive safely).
- The other driver breached that duty (e.g., ran a stop sign and failed to yield).
- The breach caused your injury (causation).
- You suffered actual compensable damages (medical costs, lost wages, property damage, pain and suffering).
Where to file and time limits
Most motor vehicle injury lawsuits are filed in the Court of Common Pleas in the county where the crash or injury occurred. The general statute of limitations for personal injury claims in Pennsylvania is two years. See 42 Pa.C.S. § 5524: 42 Pa.C.S. § 5524. Missing this deadline will likely bar your claim, so act promptly.
Damages you can seek
- Past and future medical expenses
- Property damage (repair or fair market value)
- Lost wages and loss of earning capacity
- Pain, suffering, and emotional distress
- Other out-of-pocket expenses related to the crash
Where Pennsylvania statutes matter: Use the comparative negligence statute when evaluating expected recovery and the two-year limitations statute to set deadlines for filing a lawsuit: 42 Pa.C.S. § 7102 (comparative negligence) and 42 Pa.C.S. § 5524 (two-year limitation for personal injury).
When to consult an attorney
Talk to a Pennsylvania attorney if any of the following apply:
- Your injuries are moderate or severe (hospital treatment, surgery, ongoing care).
- Liability is disputed (the other driver denies running the stop sign or blames you).
- Insurers seek to reduce or deny your claim based on shared fault.
- There are complex coverage issues (uninsured/underinsured motorists, multiple at-fault drivers).
- You need help valuing non-economic damages (pain and suffering).
Important note on recorded statements and medical authorizations
Insurers often ask claimants for recorded statements or medical release forms. These can help their investigation but can also be used to reduce your claim. Consider speaking with an attorney before giving detailed recorded statements or signing broad authorizations.
Helpful Hints
- Seek medical care right away—even for minor symptoms—to create a medical record linking injury to the crash.
- Get the police report number and the name of the responding agency at the scene.
- Photograph everything: vehicles, road signs, traffic controls, injuries, and scene conditions.
- Keep a detailed injury diary (symptoms, doctor visits, how injuries affect daily life).
- Save all receipts and bills (medical, repair, rental car, medication, therapy).
- Do not admit fault at the scene. Give objective facts to police and to insurers but avoid saying “I’m sorry” in a way that could be interpreted as an admission of fault.
- Ask for a copy of the crash report from the police department, or the crash report number to order it online.
- Act quickly—statutes of limitations run. If in doubt, consult an attorney to preserve your rights.
Disclaimer: This article explains general Pennsylvania legal principles and practical steps to pursue a motor vehicle personal injury claim. It does not constitute legal advice. For advice about a specific case, consult a licensed Pennsylvania attorney who can review all facts and applicable law.