If you are involved in a collision that someone else caused, you should generally call your own insurance company to report the incident as soon as you are safely back home. While it might seem strange to contact your own provider when you did nothing wrong, most insurance policies include a “notice of loss” or “cooperation” clause that requires you to tell them about any accident involving your vehicle.
Reporting the crash is not the same as admitting fault or even filing a formal claim for damages, but it protects your right to use your own coverage, such as medical benefits, which are mandatory for drivers in Pennsylvania.
When you are back home and focusing on your recovery, one of the first questions that often comes up is whether you need to involve your own insurance provider. In Pennsylvania, the answer is almost always yes. This is primarily because of how the state’s insurance laws are structured under the Pennsylvania Motor Vehicle Financial Responsibility Law.
This law establishes that your own insurance is usually the first line of defense for your medical bills, no matter who caused the crash on a road like Route 422 or near the IUP campus.
Your insurance policy is a legal contract. This contract usually states that you must report any accident within a certain number of days. If you wait too long to tell them, the company might try to deny coverage later if you realize your injuries are more serious than they first appeared. By giving them a basic report of the facts, you are simply fulfilling your end of the bargain.
It is helpful to keep the conversation brief and factual when you make this call. You can provide the date, time, location, and the names of the people involved. You do not need to give a deep analysis of your injuries or offer opinions on exactly how the crash happened until you have had time to speak with a legal professional.
Following these steps allows you to move forward with the peace of mind that you have followed the rules of your policy. Keeping your insurance company informed early on prevents them from claiming they were “prejudiced” or harmed by a delay in notice.
In Pennsylvania, we use a “no-fault” system for medical benefits. This means that if you are hurt in a car crash in Johnstown or Altoona, your own insurance company pays for your initial medical treatment. This coverage is called Personal Injury Protection, or PIP. In Pennsylvania, the minimum required PIP coverage is $5,000, though many people choose to carry more.
Because your own insurance company is responsible for these initial bills, they need to open a file for you. They will provide you with a claim number to give to doctors, hospitals, or physical therapists. This ensures that your medical providers are paid promptly so that you do not face collections or financial pressure while you are trying to heal.
Additionally, you may have other coverages on your policy that could help you, such as:
Having these options available can make the days following a crash much smoother. Your insurance company will likely conduct its own investigation to confirm that the other driver was truly the one to blame.
It is important to understand that “reporting” an accident is different from “filing a claim” against your own policy for damages. Reporting is simply giving notice that an event occurred. Filing a claim usually involves asking the insurance company to pay out money for repairs or other losses.
If the other driver was clearly at fault, your legal team will likely pursue a claim against that driver’s insurance policy for your vehicle repairs and your pain and suffering. However, reporting the incident to your own company acts as a safety net.
If the other driver’s insurance company denies the claim or argues about who is responsible, you can then choose to use your own collision coverage to get your car fixed and let your insurance company fight the other side to get the money back. This process is known as subrogation.
While you should talk to your own insurance company, you should be very careful about talking to the other driver’s insurance company. Their goal is often to pay out as little as possible. They might call you very soon after the crash, sometimes while you are still taking pain medication or feeling the shock of the event. They may ask for a “recorded statement,” which is a formal recording of you explaining the crash.
You are generally not required by law to give a recorded statement to the other person’s insurance company immediately. These statements are often used later to try to show that you changed your story or that your injuries are not as bad as you say. For example, if you say “I’m okay” as a polite greeting, they might use that as evidence that you weren’t actually hurt.
Instead of giving a statement, you can simply tell them that you are seeking legal advice and that your lawyer will be in touch. This protects you from saying something that could accidentally hurt your case. Protecting your rights is a top priority, and staying quiet until you have professional guidance is a smart move.
Insurance adjusters are trained to find ways to reduce the value of a claim. By letting a legal professional handle these communications, you can focus on your medical appointments and recovery.
Pennsylvania is unique because it allows drivers to choose between “Full Tort” and “Limited Tort” insurance. This choice has a massive impact on what happens after an accident that wasn’t your fault.
If you have Limited Tort, you have given up your right to sue for “pain and suffering” unless your injury meets a very high threshold called a “serious injury.” A serious injury usually involves a permanent loss of a bodily function or significant scarring. If you have Full Tort, you keep the right to seek financial recovery for all damages, including the physical pain and emotional distress caused by the crash.
When you call your insurance company, they will look at which option you chose. This choice will dictate the path your legal claim takes. Even if you have Limited Tort, there are several exceptions that might allow you to seek full compensation, such as:
Determining which rules apply to your specific situation is a key part of building a strong case. Knowing your rights under the Pennsylvania statutes allows you to seek the full amount of support you deserve.
When you are involved in an accident that was someone else’s doing, you likely have several questions about how the process works and what your obligations are.
In Pennsylvania, insurance companies are generally prohibited from increasing your premium solely because you were involved in an accident where you were not at fault. Reporting the accident is a requirement of your policy, and doing so helps protect your rights. If your rates do change, it is often due to other factors or a broader change in the company’s pricing across the state.
While every policy is different, most require you to give notice “promptly” or within a specific number of days, such as 30 days. It is best to do it within the first few days after you have returned home and attended to your immediate medical needs. Waiting too long can give the insurance company an excuse to deny your benefits later on.
If the person who caused the crash is uninsured, your own insurance policy’s Uninsured Motorist (UM) coverage will step in to provide compensation. This is why it is so important to report the crash to your own company. Without a report, you may not be able to access the UM benefits you have been paying for every month.
No, you have the right to choose where your vehicle is repaired. While insurance companies often have “preferred” shops that they work with, Pennsylvania law allows you to take your car to any licensed repair facility. You should choose a shop that you trust to do high-quality work, especially if you are dealing with a complex repair on a newer vehicle.
You should be very cautious about signing any documents from the other driver’s insurance company. Often, these medical authorizations are “open-ended,” meaning they allow the insurance company to look at your entire medical history, even things that have nothing to do with the accident. It is usually better to have a legal professional review these forms first to ensure your privacy is protected.
Once your Personal Injury Protection (PIP) limit is reached, your health insurance usually becomes the primary payer for your medical bills. If you do not have health insurance or if there are still unpaid costs, these expenses are included in the claim against the driver who caused the accident. Recovering these costs is a major part of a personal injury legal case.
When you are dealing with the stress of a crash, you deserve a legal team that acts with strength and bravery. At Marcus & Mack, we have over 100 years of combined legal experience helping people in Indiana, State College, DuBois, Altoona, and Johnstown. We believe in doing what is right—whatever it takes—to help our clients get their lives back on track.
Our mission is to provide you with all the support you need during this difficult time. We know the local roads, we know the local courts, and we know how to stand up to big insurance companies. We work on a contingency fee basis, which means you do not owe us any attorney fees unless we recover money for you.
If you have been injured and aren’t sure what to do next, contact Marcus & Mack today for a free consultation. We are available 24 hours a day, 365 days a year, to answer your questions and help you understand your rights. Let us show you what it means to have an aggressive and compassionate team on your side. Call Marcus & Mack and tell them you mean business.
