Car Accident Lawyer in Upper Darby and Philadelphia: Help After a Pennsylvania Crash

What a car accident lawyer does for you in Pennsylvania

A car accident lawyer builds your claim against the driver who caused the crash, handles your own insurer's benefits claim, and deals with the adjusters so you can focus on getting better. In Pennsylvania, what you can recover also depends on choices written into your own auto policy, so the first step is reading your coverage, not guessing at it.

That matters because Pennsylvania is a choice no-fault state. Your own policy pays certain medical bills no matter who caused the crash, and the tort option you picked when you bought the policy (limited tort or full tort) controls whether you can sue for pain and suffering. Two people hurt in the same crash can have very different claims because of paperwork they signed years ago.

Warren I. Siegel has practiced in Pennsylvania since 1992 and lists automobile accidents among the core of his practice. He works out of our office at 8000 West Chester Pike in Upper Darby and represents people hurt across Delaware County and West Philadelphia.

Your own policy pays first: first-party benefits

Every Pennsylvania auto policy on a registered car must include at least $5,000 in first-party medical benefits (75 Pa.C.S. § 1711). These benefits pay your medical bills regardless of fault. Many people carry more, and some policies add income loss, funeral and accidental death benefits, which insurers must offer under § 1712.

Which policy pays first follows a set order in § 1713. If you are a named insured, your own policy comes first. If you live with a relative who has a policy, that policy may apply. If you have neither, the policy on the car you were riding in is next, and a pedestrian can look to the policy on a vehicle involved in the crash.

Damage to your car works differently. Vehicle repairs are still claimed against the at-fault driver's property damage liability coverage or through your own collision coverage. Our guide to first-party benefits and PIP walks through each benefit and what to do when payments stop.

Limited tort or full tort: the choice that shapes your case

Under 75 Pa.C.S. § 1705, a person bound by the limited tort option can still recover economic losses such as medical bills and lost wages from the at-fault driver, but is barred from suing for pain and suffering unless the injury is a serious injury. Pennsylvania law defines serious injury as death, serious impairment of body function, or permanent serious disfigurement (§ 1702).

Limited tort is not always the end of the discussion. Section 1705(d) keeps full tort rights for a limited-tort policyholder in several situations, including when the at-fault driver is convicted of DUI or accepts ARD for it in that crash, is driving a car registered in another state, or had no insurance, and when the injured person was riding in a vehicle other than a private passenger vehicle, such as a bus.

Look at your declarations page. It will say which option applies. Then read our full guide to limited tort vs. full tort in Pennsylvania before you assume you cannot claim pain and suffering.

What you have to prove

A car accident claim is a negligence claim. You have to show that the other driver failed to drive with reasonable care, that this failure caused the crash, and that the crash caused your injuries and losses. Evidence usually includes the police crash report, photos, witness statements, vehicle damage, video from nearby businesses or traffic cameras, and your medical records.

Pennsylvania uses modified comparative negligence (42 Pa.C.S. § 7102). If you were partly at fault, your recovery is reduced by your share of the fault. If your share is greater than the combined fault of the defendants, you recover nothing from them. Insurers know this rule well, and adjusters often try to push some of the blame onto the injured person to lower the number.

What drives the value of a car accident claim

No honest lawyer can give you a number at the first meeting. Value depends on the medical treatment you need, how long you are out of work, whether the injury is permanent, your tort election, and how much insurance is actually available.

Insurance limits often set a ceiling in practice. Pennsylvania's minimum liability coverage is $15,000 for injury to one person, $30,000 for injury to two or more people, and $5,000 for property damage in one crash (75 Pa.C.S. § 1702). If the at-fault driver carries only the minimum and your losses are larger, the next place to look is your own underinsured motorist (UIM) coverage.

Uninsured and underinsured motorist coverage is optional in Pennsylvania, but insurers must offer it, and a rejection only counts if it was signed on the exact form the statute requires (75 Pa.C.S. § 1731). If your household insures more than one car, the limits may stack unless someone signed a stacking waiver (§ 1738). These details can change what is available to you, which is why we ask for the full policy, not just the ID card.

Crashes on Philadelphia and Delaware County roads

Many of the crashes we hear about happen on roads our office sits beside. West Chester Pike (PA Route 3) carries heavy traffic through Upper Darby, Havertown and Broomall. Township Line Road, Baltimore Pike, Lansdowne Avenue, Garrett Road and State Road see frequent turning and rear-end collisions. I-476, the Blue Route, and US-1 bring higher-speed crashes through the county.

In Philadelphia, Roosevelt Boulevard and the Schuylkill Expressway (I-76) are known for serious crashes. Our page on highway accidents covers these corridors, which police agency usually responds, and how to get the right crash report.

The responding agency matters. A crash in Upper Darby may be handled by the Upper Darby Township Police Department, a crash on an interstate by the Pennsylvania State Police, and a crash in the city by the Philadelphia Police Department. Each has its own process for releasing reports.

When the insurer says no or offers too little

Denied claims and low offers are common. Your own insurer might deny first-party benefits after a peer review, or fight your UIM claim. The other driver's insurer might make a quick offer before you know how badly you are hurt.

When your own insurer acts in bad faith toward you, Pennsylvania law lets a court award interest, punitive damages, court costs and attorney fees (42 Pa.C.S. § 8371). Our page on denied car insurance claims explains what counts, what to keep in writing, and how a lawsuit changes the conversation with the adjuster.

Deadlines you cannot miss

For a car accident injury claim, Pennsylvania generally gives you two years from the crash to file a lawsuit (42 Pa.C.S. § 5524). Exceptions exist, including rules that pause the clock for injured children until they turn 18, and a missed deadline usually ends the claim for good.

If a government vehicle or agency is involved, including a SEPTA bus, trolley or regional rail vehicle, written notice is generally due within six months (42 Pa.C.S. § 5522). Talk to a lawyer well before either deadline, since evidence such as video footage can disappear within days.

• Two years (generally) to file a car accident injury lawsuit
• Six months (generally) for written notice to a government agency or SEPTA
• Separate policy deadlines for notifying your own insurer, which vary by policy

Where your case would be filed

If your claim goes to court, it is usually filed in the Court of Common Pleas for a county connected to the crash or the defendant. For crashes in Delaware County, that often means the Delaware County Court of Common Pleas in Media. For crashes in the city, it often means the Philadelphia Court of Common Pleas at City Hall. Where a case can be filed depends on the facts, and it can affect the timeline and how a case is tried.

Warren knows the Philadelphia court system from the inside. He has served as a court-appointed sole binding arbitrator, as a Discovery Master in medical malpractice matters, and as a Settlement Master for the Court of Common Pleas, and he has argued before the Pennsylvania Superior Court.

How we handle your car accident case

You talk to Warren, not a call center. We review the crash report, your policy and your medical records, send preservation letters for video and vehicle data, open your first-party benefits claim, and deal with the adjusters. When treatment has progressed far enough to understand your injuries, we prepare a demand. If the insurer will not pay a fair amount, we file suit before the deadline.

Our fee is 100% contingency. There is no attorney fee unless we recover. The firm advances all case costs, and those costs are repaid only from a recovery. If there is no recovery, you owe nothing.

If you were hurt in a crash in Delaware County or West Philadelphia, call (267) 412-4601, answered 24 hours a day, 7 days a week, or send the free case review form. The review is free and confidential.