Auto accidents are life-changing events. More than 110,000 traffic crashes were reported in Pennsylvania, resulting in thousands of injuries. If you’re dealing with the aftermath of a car crash, the idea of filing an auto accident injury claim can feel overwhelming. But here’s the truth: the steps you take immediately after the accident can significantly impact your ability to secure fair compensation for your injuries and losses. Whether you’re dealing with medical bills, lost wages, or emotional trauma, knowing what to do can make all the difference. Follow these top 5 tips to build a strong case and maximize your chances of a successful outcome.
Top 5 Tips for Filing a Successful Auto Accident Injury Claim in Pennsylvania
- Seek Immediate Medical Attention
Your health should be your priority after an accident. Even if you feel “fine,” seeking medical attention as soon as possible is critical. Why? Some injuries, like whiplash or internal bleeding, might not show symptoms right away but can worsen over time. Delaying treatment not only jeopardizes your health but also weakens your claim. Insurance adjusters often argue that gaps in treatment indicate your injuries weren’t severe.
Here’s what to do:
- Visit a doctor or emergency room immediately.
- Follow the prescribed treatment plan.
- Keep all medical records, bills, and receipts as evidence.
Pennsylvania’s Personal Injury Protection (PIP) insurance covers a portion of your medical expenses regardless of who was at fault. Use this coverage to start your recovery while you focus on building your case.
More: How Is Fault Determined in a Car Accident In Pennsylvania?
- Document Everything
Detailed documentation is the backbone of a strong auto accident injury claim. The more evidence you gather, the harder it will be for the insurance company to dispute your case. Start building your evidence file as soon as the accident happens.
- Photos and Videos: Capture damage to all vehicles, road conditions, skid marks, traffic signs, and your injuries.
- Police Report: Request a copy of the official accident report, often highly relevant to settlement negotiations.
- Witness Statements: Collect names and contact information from witnesses who saw the crash.
- Personal Notes: Write down your account of the accident, including the time, date, location, weather conditions, and how it happened.
- Issue a Demand Letter
Once you’ve completed your medical treatment or clearly understand your damages, it’s time to issue a demand letter to the at-fault party’s insurance company. This is your formal request for compensation, outlining the specifics of your claim.
Your demand letter should include:
- A summary of the accident and how it happened.
- A detailed list of your medical expenses, lost wages, and property damage.
- A request for compensation that reflects the full extent of your economic and non-economic damages (e.g., pain and suffering).
Don’t rush into accepting the first settlement offer. Insurance companies often start with lowball offers to minimize payouts. Be prepared to negotiate or consult an attorney for assistance.
- Understand Pennsylvania’s Comparative Negligence Rule
Pennsylvania follows a comparative negligence system, meaning your compensation can be reduced if you were partially at fault for the accident. If you are found more than 50% responsible, you won’t be eligible to recover damages.
For example:
- If you’re awarded $100,000 in damages but found 20% at fault, your compensation will be reduced to $80,000.
This rule highlights the importance of presenting a strong case that clearly demonstrates the other party’s liability. Use the evidence you’ve gathered to show how their negligence caused the accident. Avoid making statements that could inadvertently admit fault, even casually.
- Consult an Experienced Auto Accident Lawyer
While you can technically file a claim independently, the stakes are often too high to go alone. A skilled auto accident lawyer can help you navigate the complexities of Pennsylvania’s insurance laws, handle negotiations with the insurance company, and represent you in court if necessary.
Here’s how an attorney can help:
- Investigate the Accident: Lawyers can gather additional evidence, including expert witness testimony and accident reconstruction reports.
- Negotiate on Your Behalf: Attorneys understand insurance company tactics and can fight for the compensation you deserve.
- Ensure Compliance: Pennsylvania has a two-year statute of limitations for personal injury claims. A lawyer can help you avoid missing this critical deadline.
At Pacin Levine, P.A., we believe no one should face this process alone. Our team is here to provide personalized guidance and fight for your rights every step of the way. Filing a successful auto accident injury claim in Pennsylvania requires preparation, persistence, and the right approach. By seeking prompt medical care, documenting every detail, understanding your legal rights, and consulting a knowledgeable attorney, you can strengthen your case and secure the compensation you deserve.Remember, the aftermath of an accident is challenging, but you don’t have to face it alone. At Pacin Levine, P.A., our experienced attorneys protect your rights and hold negligent parties accountable. Call us today at 1-800-24-7-CRASH (2727) for a free consultation. Let’s work together to get your life back on track.
