What to Do After a Car Accident in Pennsylvania: Step-by-Step Checklist (2026)

What to Do After a Car Accident in Pennsylvania: Your Complete Checklist

QUICK SUMMARY — After an accident in Pennsylvania:
1. Check for injuries and call 911
2. Move to safety
3. Exchange information — do not admit fault
4. Document the scene thoroughly
5. File AA-600 with PennDOT within 5 days ($1,000+ damage)
6. File first-party benefits claim with your own insurer
7. Seek medical attention within 72 hours
8. Determine whether your tort choice affects your options

Key PA differences: Pennsylvania has a choice no-fault system — your tort election (Limited Tort vs Full Tort) directly controls whether you can sue for pain and suffering. And the 5-day reporting deadline is the shortest among all major states.


Step 1 — Check for Injuries and Call 911

Before anything else, focus on the safety of every person at the scene.

  • Check yourself and all passengers for injuries
  • Call 911 immediately if anyone is hurt, or if you are unsure about the severity of injuries
  • Do not attempt to move anyone who is seriously injured unless they are in immediate danger (fire, oncoming traffic)
  • Pennsylvania law (75 Pa.C.S. 3742) requires you to stop at the scene and render reasonable assistance
  • Stay on the line with the 911 dispatcher and follow their instructions
  • If injuries appear serious, do not leave the scene until emergency services arrive

Even for seemingly minor accidents, calling 911 is strongly recommended. The responding officer will file an official crash report, which serves as key evidence for both your insurance claim and any potential legal action.

Leaving the scene of an accident involving injury or death is a felony in Pennsylvania. Even for property-damage-only accidents, leaving is a criminal offense.


Step 2 — Move to Safety

Once immediate injuries have been addressed, prevent additional accidents at the scene.

  • If vehicles are drivable, move them to the shoulder, a parking lot, or any area off the roadway
  • Turn on hazard lights immediately
  • If your vehicle cannot be moved, stay inside with your seatbelt on and hazard lights flashing
  • Place flares or reflective triangles behind your vehicle if available, especially on highways or in low-visibility conditions
  • Stay out of active traffic lanes — secondary crashes at accident scenes are a significant risk on Pennsylvania’s heavily trafficked routes like I-76, I-95, and the Pennsylvania Turnpike

Step 3 — Exchange Information

Once the scene is safe, collect the following from every driver involved.

From each driver:

  • Full name, address, and phone number
  • Driver’s license number and state of issuance
  • Insurance company name and policy number
  • License plate number
  • Vehicle make, model, year, and color

From witnesses:

  • Names and phone numbers
  • Brief description of what they saw
  • Ask if they are willing to provide a written or recorded statement

From the responding officer:

  • Name, badge number, and department
  • Crash report number

Critical: Do not admit fault. Under Pennsylvania’s modified 51% comparative fault rule (42 Pa.C.S. 7102), if you are assigned 51% or more of the blame, you lose your right to recover any damages. Even casual apologies like “I’m sorry, I didn’t see you” can be used against you during fault determination.


Step 4 — Document Everything

Thorough scene documentation protects you during both the insurance process and any potential litigation.

Photograph and video:

  • All vehicle damage from multiple angles (close-up and wide shots)
  • The overall accident scene showing vehicle positions relative to each other and the road
  • Road conditions: potholes, wet pavement, ice, snow, construction zones
  • Traffic signs, signals, stop lines, and lane markings
  • Skid marks, debris patterns, and broken glass
  • All license plates of involved vehicles
  • Weather and lighting conditions at the time of the crash
  • Any visible injuries (bruises, cuts, swelling, torn clothing)

Write down:

  • Exact time, date, and location (street names, intersections, mile markers)
  • Your detailed, chronological account of what happened
  • Direction and approximate speed of each vehicle
  • Traffic and road conditions
  • Names of any businesses or residences nearby that might have surveillance cameras

Preserve all evidence: Dashcam footage, clothing worn during the accident, and any vehicle parts that broke off should all be preserved. This evidence becomes particularly important if you are a Limited Tort policyholder and need to prove “serious injury” to sue for pain and suffering.


Step 5 — File the AA-600 Report

Deadline: 5 DAYS — The Shortest Among All Major States

Pennsylvania requires you to file the AA-600 crash report with PennDOT if:

  • Property damage exceeds $1,000, OR
  • Anyone is injured or killed

You have only 5 days from the date of the accident. This is the strictest reporting deadline among all states covered on this site. Do not wait.

How to File

  • Download form AA-600 from the PennDOT website (penndot.pa.gov)
  • Complete it with full accident details including all parties, vehicles, and insurance information
  • Submit electronically through PennDOT’s online portal, or by mail

Consequences of Missing the Deadline

Failure to file within 5 days can result in:

  • Suspension of your driver’s license
  • Suspension of your vehicle registration
  • Significant complications with your insurance claim
  • Weakened position in any legal proceedings

This form is separate from the police crash report. Even if officers responded and filed their own report, you must independently file the AA-600 with PennDOT.


Step 6 — File Your First-Party Benefits Claim

This step is unique to Pennsylvania’s no-fault system. Regardless of who caused the accident, you file medical and wage-loss claims with your own insurance company.

Pennsylvania’s First-Party Benefits

All PA auto insurance policies include minimum first-party benefits:

  • $5,000 medical benefits — covers medical treatment regardless of fault
  • $5,000 income loss benefits — covers lost wages regardless of fault
  • $1,500 funeral benefits — covers funeral expenses in fatal accidents
  • $25/day accidental death benefits

Many drivers carry higher first-party benefit limits. Check your policy declarations page for your actual coverage amounts.

How to File

  1. Contact your own insurance company (not the other driver’s) as soon as possible
  2. Request the first-party benefits claim forms
  3. Submit completed forms along with medical bills, treatment records, and wage documentation
  4. Keep copies of everything you submit

Property Damage — Separate Process

Property damage claims (vehicle repairs) are fault-based in Pennsylvania, even though medical claims are no-fault. For property damage:

  • File with the at-fault driver’s insurance company, OR
  • File with your own collision coverage and let your insurer pursue reimbursement (subrogation)

Step 7 — Seek Medical Attention

See a doctor within 72 hours of the accident, even if you feel fine at the scene.

Common delayed-symptom injuries from car accidents:

  • Whiplash: Neck and shoulder pain often does not appear until 24-48 hours after the crash
  • Concussions: Headaches, confusion, memory problems, and dizziness may develop gradually
  • Internal injuries: Bruised or damaged organs may not show external symptoms
  • Herniated discs: Back pain can worsen over days or weeks
  • Soft tissue injuries: Muscle and ligament damage may be masked by adrenaline at the scene

Why immediate treatment is especially important in Pennsylvania:

Medical records are critical in two specific ways:

  1. For your first-party benefits claim: Your insurer needs documented proof of injuries to process medical and wage-loss benefits
  2. For proving “serious injury” under Limited Tort: If you elected Limited Tort (see below), you must demonstrate that your injury qualifies as “serious” to sue for pain and suffering. Thorough, continuous medical documentation is essential to meeting this standard

Follow up with all recommended treatment. Keep a file of every medical record, bill, prescription, and referral.


Understanding Your Tort Choice: Limited vs Full Tort

This is the single most important legal concept for Pennsylvania drivers. Your tort election directly determines your legal rights after an accident.

Limited Tort

  • Lower premiums (typically 15-20% savings)
  • You can recover medical expenses and lost wages through first-party benefits (no-fault)
  • You cannot sue for pain and suffering unless your injury meets the “serious injury” threshold
  • Serious injury standard (75 Pa.C.S. 1705): Death, serious impairment of a body function, or permanent serious disfigurement

Full Tort

  • Higher premiums
  • You retain the full right to sue for pain and suffering from any injury, regardless of severity
  • No “serious injury” threshold requirement

Exceptions to Limited Tort Restrictions

Even under Limited Tort, you may be able to sue for pain and suffering if:

  • The other driver was convicted of DUI
  • The other driver was driving an unregistered vehicle
  • The other driver was from out of state
  • The accident involved a commercial vehicle
  • You were a pedestrian or cyclist at the time of the accident

Not sure which you chose? Check your insurance declarations page or call your insurer. If you never actively selected Full Tort, you are likely on Limited Tort — it is the default in Pennsylvania.


Your Rights Under Pennsylvania Law

Fault System

Pennsylvania operates a choice no-fault system for medical expenses and a fault-based system for property damage and (if eligible) pain-and-suffering claims.

Modified Comparative Fault (51% Bar)

Under 42 Pa.C.S. 7102:

  • At 50% or less fault: Recover damages reduced by your fault percentage
  • At 51% or more fault: Recover nothing

Statute of Limitations

  • Personal injury: 2 years from the date of the accident
  • Property damage: 2 years
  • Wrongful death: 2 years from the date of death

Missing these deadlines permanently bars your claim.

Minimum Insurance Requirements

Pennsylvania’s minimum coverage includes:

  • Bodily injury liability: 15/30 ($15,000 per person, $30,000 per accident)
  • Property damage liability: $5,000
  • First-party medical benefits: $5,000
  • First-party income loss benefits: $5,000

Pennsylvania’s 15/30/5 liability minimums are among the lowest in the nation. Legislative efforts to increase them have been ongoing but have not yet resulted in enacted changes as of 2026.

Stacking

Pennsylvania law allows stacking of UM/UIM coverage on multi-vehicle policies. If you insure more than one vehicle, you may be able to multiply your UM/UIM limits by the number of vehicles on the policy. This can significantly increase your available coverage.


Common Mistakes to Avoid After a Pennsylvania Car Accident

  1. Missing the 5-day PennDOT reporting deadline — This is the most common procedural error and can result in license suspension
  2. Not knowing your tort choice — Many Pennsylvania drivers do not realize they elected Limited Tort and are surprised when their right to sue is restricted
  3. Admitting fault at the scene — The 51% bar means admissions can eliminate your entire claim
  4. Failing to file first-party benefits promptly — These benefits are available regardless of fault, but delays can complicate the process
  5. Skipping medical treatment — Especially critical for Limited Tort policyholders who need to prove “serious injury”
  6. Posting about the accident on social media — Insurance adjusters routinely review social media for evidence to minimize claims
  7. Accepting the first settlement offer — Initial offers are typically well below the claim’s actual value
  8. Giving a recorded statement to the other driver’s insurer — You are not required to do this, and it rarely benefits you
  9. Not understanding that property damage is fault-based — Even though PA is no-fault for medical expenses, vehicle repair claims follow fault rules
  10. Waiting too long to consult an attorney — The 2-year statute of limitations runs quickly, and evidence degrades over time

Frequently Asked Questions

What is Limited Tort vs Full Tort in Pennsylvania?

Limited Tort gives you lower insurance premiums but restricts your right to sue for pain and suffering — you can only sue if your injury qualifies as “serious” (death, serious impairment of body function, or permanent serious disfigurement). Full Tort costs more in premiums but preserves your full right to sue for pain and suffering from any injury. Check your declarations page if you are unsure which you selected.

How long do I have to file the accident report in Pennsylvania?

5 days to file form AA-600 with PennDOT. This is the shortest reporting deadline among all major states. The report is required if property damage exceeds $1,000 or anyone was injured or killed.

Do I file a claim with my insurance or the other driver’s?

Medical bills and lost wages: File with your own insurer through first-party benefits (no-fault). Vehicle damage: File with the at-fault driver’s insurer or your own collision coverage. Pain and suffering: Depends on your tort election and injury severity — file against the at-fault driver’s insurer if eligible.

How long do I have to file a lawsuit in Pennsylvania?

2 years for both personal injury and property damage claims. This is the same deadline for both claim types, and missing it permanently bars your case.

What is stacking in Pennsylvania?

Stacking allows you to multiply your UM/UIM coverage limits by the number of vehicles on your policy. For example, if you have $50,000 UM/UIM and insure 3 vehicles, stacked coverage could provide $150,000. This is available on multi-vehicle policies unless you specifically waived it.

Can I still sue if I have Limited Tort?

Yes, but only if your injury meets the “serious injury” threshold: death, serious impairment of a body function, or permanent serious disfigurement. There are also exceptions — you can sue regardless of tort choice if the other driver was convicted of DUI, driving an unregistered vehicle, or was from out of state.

What are Pennsylvania’s first-party benefits?

Every PA auto policy includes at least $5,000 in medical benefits, $5,000 in income loss benefits, and $1,500 in funeral benefits. These are paid by your own insurer regardless of who caused the accident. You may have higher limits depending on your policy.


Related Guides


Get Help With Your Pennsylvania Claim

If you were in a car accident in Pennsylvania and need legal guidance, a local attorney can evaluate your case at no cost. Most personal injury lawyers work on contingency — you pay nothing unless they recover money for you.

When Professional Help Tends to Make Sense

Most minor accidents in Pennsylvania are resolved between the drivers and their insurance companies without ever involving an attorney. Many accident victims, however, consider consulting an attorney when one or more of the following applies to their situation:

  • A fatality occurred, or a wrongful-death claim may be involved
  • Medical bills are already in the tens of thousands of dollars, or still growing
  • There is a permanent injury, visible scar, or any sign of traumatic brain injury (TBI)
  • The insurance company’s first settlement offer feels far below your actual costs
  • The insurance company is arguing that your injuries are pre-existing, or trying to shift primary fault onto you despite the evidence
  • Multiple vehicles or multiple parties are involved and liability is unclear
  • Fault is disputed — especially relevant given Pennsylvania’s 51% bar modified comparative fault rule (a plaintiff more than 50% at fault recovers nothing)
  • The Pennsylvania statute of limitations for personal injury (2 years from the accident) is within six months
  • A government vehicle, commercial truck, or rideshare driver is involved
  • The other driver was uninsured, underinsured, or fled the scene (hit-and-run)
  • Your injuries exceed Pennsylvania’s no-fault / PIP threshold and you want to step outside the no-fault system

If none of these apply to your situation, you may be able to settle directly with the insurance company. The other guides on this site walk through that process step by step.

Speak with a Free Car Accident Attorney


Reviewed by TurnYourClaim Editorial Team — Last verified: 2026-03-03

Sources: 42 Pa.C.S. § 7102 (Comparative Fault); 75 Pa.C.S. Chapter 17 (Financial Responsibility); 75 Pa.C.S. § 1705 (Tort Options); PennDOT Crash Data

DISCLAIMER: This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws change frequently, and this information may not reflect the most current legal developments. Always consult a licensed attorney in your state for advice specific to your situation. This is not medical advice. If you have been injured, seek immediate medical attention. Last updated: May 2026.