Pennsylvania law sets multiple deadlines that affect car accident injury claims. The statute of limitations establishes the outer boundary for filing a lawsuit. Insurance policies impose shorter notice requirements for reporting crashes and submitting claims. Medical documentation timelines affect whether insurers accept that your injuries resulted from the collision..
Adrenaline can mask pain immediately after collisions, and soft-tissue injuries often worsen over 24 to 72 hours as inflammation increases. You may walk away feeling fine, only to develop neck stiffness, back pain, or headaches days later. The questions that follow are usually whether you waited too long to seek treatment, report the injury to your insurance company, or preserve your legal claim.
Marcus & Mack represents car accident victims facing delayed injury claims and approaching deadlines throughout Indiana, including State College, DuBois, Altoona, and Johnstown. Call for a free consultation to protect your rights before time runs out.
Pennsylvania law imposes a two-year statute of limitations for personal injury claims arising from motor vehicle collisions (42 Pa. C.S. § 5524). The clock starts on the date of the crash. If you do not file a lawsuit within two years, the court dismisses your case, and you lose the right to pursue compensation, even if liability is clear and injuries are severe.
In Pennsylvania, the statute of limitations for car accident injuries begins on the date of the collision. The discovery rule only applies to personal injury cases where the injuries manifest in a delayed or hidden way. Pennsylvania courts generally do not apply the discovery rule to motor vehicle collisions because the triggering event is obvious and immediate, even if the full extent of injuries becomes apparent later.
Pennsylvania recognizes narrow exceptions that “toll” (pause) the statute of limitations, extending the filing deadline:
No tolling applies for delayed injury symptoms, ongoing settlement negotiations, or the plaintiff’s reasonable belief that insurance would cover all losses without litigation. These circumstances do not extend the deadline.
Claims against Pennsylvania municipalities, counties, or state agencies follow shorter notice requirements under the Political Subdivision Tort Claims Act (42 Pa. C.S. § 5522) and the Sovereign Immunity Act (42 Pa. C.S. § 8522).
If a PennDOT vehicle, municipal bus, police car, or other government-owned vehicle caused your crash, you must provide written notice to the appropriate government entity within six months of the collision. This notice is a prerequisite to filing a lawsuit; missing the six-month deadline forfeits your claim. After providing notice, you must file your lawsuit within the standard two-year statute of limitations.
One of the first steps after a car accident is reporting the accident to the insurance company. Pennsylvania insurance policies impose separate notice requirements that are much shorter than the statute of limitations. Policies typically require “prompt” or “immediate” notice of accidents and claims, though the exact timeframe varies by carrier and policy type.
Most auto insurance policies require you to report a collision “as soon as practicable” or within a specific number of days. This notice obligation applies even if you were not at fault and even if you do not plan to file a claim under your own policy.
Failure to notify your insurer within the policy timeframe may give the carrier grounds to deny coverage, though Pennsylvania law requires insurers to show that late notice caused them prejudice (harm to their ability to investigate or defend the claim).
If you waited a week to report a minor collision because you felt fine and then developed symptoms, call your insurer immediately. Insurers may accept reasonable explanations for short delays, particularly when injuries are documented soon after the crash.
Pennsylvania’s Personal Injury Protection (PIP) or Medical Benefits coverage pays for your medical expenses and lost wages after a car accident, regardless of fault, up to the policy limits you selected. PIP policies require you to submit claims for treatment and lost wages within specific timeframes.
If you see a doctor three weeks after the crash and then wait several months to submit the bill to your PIP carrier, the insurer may deny the claim for late submission. Review your policy’s claim-submission deadlines and submit bills and wage-loss documentation promptly to preserve PIP benefits.
Uninsured-motorist (UM) and underinsured-motorist (UIM) coverage protects you when the at-fault driver has no insurance or insufficient coverage. Pennsylvania policies require “prompt” notice of UM/UIM claims, typically within a reasonable time after you discover that the at-fault driver is uninsured or underinsured.
If the at-fault driver’s insurer offers a policy-limits settlement that falls short of your damages, notify your own insurer immediately to preserve your UIM claim. Waiting months to report a UIM claim risks denial, though courts evaluate whether the delay prejudiced the insurer’s ability to investigate.
Seeking medical attention within 72 hours of a car crash creates contemporaneous documentation linking your injuries to the collision. Insurers scrutinize gaps between the crash and initial treatment, arguing that delayed care proves injuries were minor, unrelated, or caused by an intervening event.
Adrenaline, endorphins, and shock suppress pain immediately after a crash. Soft-tissue injuries like whiplash, muscle strains, and ligament sprains produce inflammation and stiffness that worsen over 24 to 72 hours as swelling increases. Disc herniations may not compress nerves or cause radicular pain until days later. Concussions and mild traumatic brain injuries produce subtle symptoms, such as headaches, difficulty concentrating, and memory problems, that victims initially dismiss as stress or fatigue.
These delayed symptoms are medically explainable, but treatment gaps can be used to deny causation.
Describe all symptoms, even minor ones, during your initial visit. Mention neck stiffness, back discomfort, headaches, numbness, tingling, shoulder pain, or any other complaint. Doctors record what you report in the medical record, and these notes become evidence of injury causation. If you downplay symptoms or fail to mention them, insurers argue that the injuries did not exist or were not caused by the crash.
Explain that your symptoms began shortly after the motor-vehicle collision and have worsened or persisted since. Ask the doctor to document the connection between your complaints and the crash in the treatment notes. Request diagnostic imaging if symptoms suggest fractures, disc injuries, or internal trauma.
Follow all treatment recommendations. Attend physical therapy, pain-management appointments, and specialist consultations. Gaps in treatment can encourage insurers to argue that your injuries were not serious or have resolved.
If financial concerns, work schedules, or lack of transportation prevent consistent treatment, document the reasons. Explain the barriers to your attorney, who may help coordinate transportation, negotiate payment plans, or work with providers who accept letters of protection.
Contact an attorney as soon as injuries appear, even if weeks have passed since the crash. Early consultation preserves evidence, ensures compliance with notice requirements, and prevents mistakes that jeopardize your claim.
Situations that require immediate legal guidance include:
Marcus & Mack represents car accident victims throughout Central and Western Pennsylvania. We investigate delayed injury claims, obtaining medical records and expert opinions if necessary to connect symptoms to collisions, identifying notice and filing deadlines, and negotiating with insurers from a position of documented evidence.
The court dismisses your case, and you forfeit the right to compensation regardless of injury severity or liability clarity. No exceptions apply for ongoing settlement negotiations or lack of knowledge about the deadline.
Yes, provided you file within two years of the collision. However, delayed symptoms require strong medical documentation linking injuries to the crash to counter insurer arguments about causation.
No. Reporting to the at-fault party’s insurer does not satisfy your own carrier’s notice requirements. You must notify your own insurance company separately, even if you don’t plan to file a claim, to preserve PIP and UIM benefits.
Gaps don’t automatically bar your claim, but make causation harder to prove. Insurers argue that delayed or inconsistent care means injuries were minor or unrelated. Document reasons for gaps and explain them to your attorney.
Yes, if you don’t notify your own insurer first. Pennsylvania requires you to inform your carrier before settling when the at-fault driver’s coverage may be insufficient. Settling without notice may forfeit UIM benefits.
Yes. Passengers face the same two-year statute of limitations and may have claims against multiple parties: both drivers and their own insurance for PIP and UM/UIM benefits. Each claim may have different notice requirements depending on which policies apply.
Robert S. Marcus Car Accident Attorney in Pennsylvania
Delayed injury symptoms after a car crash create confusion about deadlines, medical documentation, and insurance reporting. You shouldn’t have to try to navigate Pennsylvania’s statute of limitations, PIP submission requirements, and causation challenges while also managing your pain and treatment.
The injury lawyers at Marcus & Mack represent car accident victims facing delayed injury claims, insurance denials, and fast-approaching deadlines. Our five offices in Indiana (PA), State College, DuBois, Altoona, and Johnstown serve Central and Western Pennsylvania residents who need experienced guidance.
We work on a contingency basis, so you don’t need to worry about additional financial pressure. Call us now for a free consultation:
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