After a car accident, slow down and do a few important things: Get to safety, call 911 if there are injuries or the vehicle is undrivable, exchange information, document the scene, see a medical professional, notify your insurer, and avoid admitting fault until the facts are clear.
In Pennsylvania, drivers must provide identifying and insurance information, render reasonable aid after a crash, and notify police immediately if the crash involves injury, death, or a vehicle that needs towing. New Jersey also requires prompt notice to police for crashes involving injury, death, or property damage over $500, with a written report generally required within 10 days unless law enforcement files the report.
Kwartler Manus has handled more than 5,000 cases across Pennsylvania and New Jersey, tried more than 250 jury trials, and built its reputation on creating leverage early. Our guide explains what to do after a crash, what legal and medical terms matter, how to use your own auto insurance strategically, what evidence to gather, and when to get legal help.
Key Terms to Know
- Delayed injury: A crash-related injury that does not fully show itself at the scene. Whiplash pain may take hours to weeks to appear, and concussion symptoms may not show up right away (MedlinePlus).
- Admission of fault: Statements like “I caused this” or “I never saw you” can imply blame for a crash. However, fault should be assessed based on evidence, witness statements, roadway facts, and traffic laws, not quick roadside comments. According to New Jersey’s Department of Banking and Insurance, insurers consider reports, statements, scene evidence, and laws when determining fault percentages.
- Reasonable aid: In Pennsylvania, drivers involved in a crash must provide identifying and insurance information and render reasonable assistance to injured people, including arranging transportation for medical treatment when needed.
- First-party claim: A claim you make under your own insurance policy. In New Jersey, a first-party property-damage claim usually means using your own collision or comprehensive coverage (NJ.gov).
- PIP, or Personal Injury Protection: New Jersey’s no-fault medical coverage. PIP generally pays your covered medical expenses no matter who caused the accident, and it can also include certain additional benefits such as lost wages or essential services, depending on the policy (NJ.gov).
- Pennsylvania first-party medical benefits: Pennsylvania requires medical benefits coverage on auto policies, and that coverage pays medical bills for you and others covered by the policy, regardless of fault.
- UM/UIM coverage: In Pennsylvania, uninsured motorist (UM) coverage applies when the at-fault driver is uninsured or in a hit-and-run. In contrast, underinsured motorist (UIM) coverage applies when the at-fault driver lacks sufficient insurance for the claim. New Jersey also offers uninsured/underinsured motorist coverage in its policy structure.
- Limited tort/limited right to sue: In Pennsylvania, limited tort lowers premiums but makes recovery for pain and suffering more challenging. In New Jersey, the limitation-on-lawsuit option similarly makes recovery for pain and suffering more challenging. Kwartler Manus has experience overcoming limited tort and the verbal threshold for thousands of clients.
Step-by-Step: What to Do Immediately After a Car Accident
1. Protect life and get out of immediate danger
- If the vehicles can be moved safely and there is a risk of another collision, focus first on preventing a second crash and getting emergency help where needed
- The U.S. Department of Transportation stresses that prompt emergency medical care and safe scene management are critical after a crash (Department of Transportation)
2. Call 911 if anyone may be hurt, if someone needs aid, or if the vehicle is not safely drivable
- In Pennsylvania, immediate notice to police is required if the crash involves injury, death, or a vehicle that requires towing
- New Jersey requires notice to police for crashes involving injury, death, or property damage over $500 (Pennsylvania General Assembly)
3. Exchange the right information, not opinions
- You should exchange names, addresses, registration information, driver’s license information, and insurance information
- Pennsylvania law expressly requires drivers to provide identifying and financial-responsibility information after a crash (Pennsylvania General Assembly)
4. Do not argue about fault at the scene
- Be respectful and cooperative, but do not guess, speculate, or apologize in a way that sounds like legal fault
- Fault decisions are often made later using police reports, witness statements, scene evidence, and motor-vehicle laws
5. Document the scene before the vehicles disappear
Take photographs and video of:
- The vehicles
- Plate numbers
- Impact points
- Roadway debris
- Skid marks
- Traffic controls
- Weather
- Lighting
- Any visible injuries
If there are witnesses, get names and contact information while they are still there. Because insurers evaluate fault based on scene evidence, witness statements, and police reports, the strongest cases are usually the best documented.
6. Get medical care the same day when possible
- Even when you think you are “fine,” delayed injuries are common
- Whiplash symptoms may take hours to weeks to develop, and concussion symptoms may not appear immediately
- Internal bleeding can present with dizziness, weakness, abdominal swelling, chest pain, or shock symptoms (MedlinePlus)
7. Notify your own insurance company promptly (DO NOT GIVE A RECORDED STATEMENT TO ANY INSURANCE COMPANY, INCLUDING YOUR OWN)
- Your own policy may provide immediate benefits, and delay can complicate both injury and property-damage claims
- New Jersey’s MVC accident-report form also warns that failing to report an accident to your insurance representative may jeopardize liability coverage (NJ.gov)
8. Preserve the paper trail from day one
Save the following:
- Police-report number
- Towing receipt
- Repair estimates
- Discharge papers
- Prescriptions
- Rideshare receipts
- All insurer letters, emails, and texts
New Jersey’s consumer guidance specifically notes that insurers may request legal documents, proof of loss, repair bills or estimates, police reports, and title documents (NJ.gov)
9. Talk to a car-accident lawyer before the insurance story hardens against you (DO NOT GIVE A RECORDED STATEMENT TO ANY INSURANCE COMPANY INCLUDING YOUR OWN)
- The first days after a crash often determine leverage
- Early legal help can prevent avoidable mistakes, protect evidence, coordinate claim strategy, and keep the defense from controlling the timeline
Filing Claims Under Your Own Auto Insurance Policy
Using your own policy is not the same as giving up your injury claim; rather, it is often the fastest way to stabilize the situation after a crash.
In Pennsylvania, your policy’s required medical benefits can pay medical bills for you and other covered individuals regardless of fault. According to the Pennsylvania Auto Insurance Guide, most policies also include or offer optional coverages such as:
- Collision coverage
- Income loss benefits
- Funeral benefits
- Uninsured motorist (UM) coverage
- Underinsured motorist (UIM) coverage
Your limited-tort or full-tort election can also impact your case, particularly when it comes to pursuing non-economic damages like pain and suffering against the at-fault driver.
In New Jersey, your policy typically provides two key layers of protection:
Personal Injury Protection (PIP):
Covers medical treatment regardless of fault and may also include:
- Lost wages
- Essential services (depending on your policy)
Property damage through your own policy:
If you carry collision or comprehensive coverage, you may be able to file a first-party claim with your own insurer to:
- Repair your vehicle
- Declare it a total loss
- Move the process forward faster than waiting for the at-fault driver’s insurance
If you file a first-party property-damage claim in New Jersey, the state outlines several responsibilities and timelines:
What you should do:
- Report the loss immediately
- Make your vehicle available for inspection before repairs begin
- Take reasonable steps to prevent further damage
- Cooperate fully with the insurer’s investigation
What the insurer must do:
- Contact you within 10 working days of notice of loss
- Inspect the vehicle within 7 working days (if inspection is required)
- Resolve the claim within 30 calendar days, unless additional investigation is needed
In short, use the benefits you already paid for, but do it carefully. A fast first-party claim can keep treatment and repairs moving while your broader liability claim is being built.
Evidence Collection and Information Exchange Checklist
Before leaving the scene, use this checklist to gather the following:
Driver information for all parties involved:
- Full name, address, phone number
- Driver’s license number
- License plate number
- Insurance company and policy number
Witness and passenger details:
- Names and contact information for anyone who saw the crash
Police information:
- Department name
- Responding officer
- Report or incident number
Scene documentation:
- Photos of vehicles, damage, and impact points
- Road conditions, debris, skid marks, and traffic controls
- Weather and lighting conditions
Injury documentation:
- Visible injuries
- Airbag deployment, seatbelt marks, and interior vehicle damage
- Vehicle and towing details:
- Tow company name
- Storage location
- Any related receipts
Medical records from your first visit:
- ER, urgent care, or primary care documentation
Your own written account:
- What happened
- Direction of travel
- What you felt physically
- Anything said by the other driver
One final rule: stick to facts, not opinions. Exchange the required information, but avoid discussing fault.
What to Do After a Car Accident: Get Safe, Get Help, Then Call Kwartler Manus
We built this firm because injured people deserve better treatment from the first phone call through the final result. Our attorneys have handled thousands of cases across Pennsylvania and New Jersey, tried more than 250 jury trials, and built a reputation for moving fast, applying pressure early, and refusing to let insurers drag out the process.
If you have been injured in a car accident, schedule a consultation with Kwartler Manus today. We will assist you in protecting the evidence, understanding your insurance options, and advancing your case with the urgency it deserves.
FAQs
Do I still have a claim if I was partly at fault?
Often, yes. Pennsylvania follows a comparative-negligence rule under which recovery is not barred so long as your negligence was not greater than the defendant’s. However, damages are reduced in proportion to your share of fault. New Jersey also follows comparative negligence; the state explains that recovery is allowed when your fault is not greater than the person from whom you seek damages, and your percentage of fault reduces any payment.
How long do I have to file a car accident lawsuit?
In Pennsylvania, many injury claims are subject to a two-year limitations period under 42 Pa.C.S. § 5524. New Jersey also generally applies a two-year limitations period to actions for injury to the person. Deadlines can change depending on the defendant and the facts, so do not wait to get case-specific advice.
What if the police do not investigate the crash?
In Pennsylvania, if a crash that should have been investigated is not investigated by police, the driver generally must forward a written report to the department within five days. In New Jersey, the MVC accident-report form states that a written driver report is generally not required if law enforcement submits the report.
Can I use my own insurance even if the other driver caused the crash?
Yes. In New Jersey, you can file a first-party property-damage claim under your own collision or comprehensive coverage if you carry those coverages, and PIP generally pays covered medical expenses regardless of fault. In Pennsylvania, your policy’s medical benefits can also pay covered medical bills regardless of fault, and UM/UIM coverage may help in uninsured or underinsured cases.
What if I feel fine at the scene but worse the next day?
Take that seriously. Government medical sources note that whiplash pain may not appear right away and can take hours to weeks to develop, and concussion symptoms may also show up later. Delayed symptoms are a strong reason to get medical care promptly and document the change in your condition.