Person sitting with head in hands next to car accident

Common Misconceptions About Pennsylvania Car Accident Claims 

Goldberg, Goldberg & Maloney  Sept. 27, 2022

Being involved in a car accident can be a traumatic and life-altering experience. If you have never been in an accident before, you may turn to your family members and friends for advice or do quick research on the Internet to find out what to expect. However, not everything you hear or read is 100% fact.  

Unfortunately, there is a lot of misinformation circulating around car accident claims in Pennsylvania. Some of those myths and misconceptions about the claims process could lead you to make bad decisions.  

At Goldberg, Goldberg & Maloney, it is our goal to ensure that you have the information you need to make informed decisions, protect your rights, and increase your chances of obtaining fair compensation. Our car accident attorneys in West Chester, Pennsylvania, can help you navigate the claims process to get the compensation you need.  

Exposing Misconceptions About Car Accident Claims in Pennsylvania 

Being able to separate facts from fiction is vital when pursuing a car accident claim. Below is the list of some of the most common misconceptions about car accident claims in Pennsylvania, along with a brief explanation regarding why they are false: 

  • “The at-fault driver’s insurance will pay for my injuries and damages.” That is not the case in Pennsylvania because the state adheres to the no-fault insurance system. It means that a person’s own insurance provider will cover some of the bills and expenses regardless of fault. Thus, when a car crash occurs, the injured victim will first file a claim with their own insurance company, even if they were not at fault for the accident.  

  • “I cannot sue the at-fault driver because Pennsylvania is a no-fault state.” In Pennsylvania, you may still be able to file a lawsuit against the at-fault driver when certain conditions (thresholds) are met. You might have the option of suing the at-fault party if you sustained a serious injury. If your insurance is not enough to fully cover the cost of injuries, contact an attorney to explore your options for compensation.   

  • “I do not need to report the crash to law enforcement if the accident is minor.” That is not necessarily true because the definition of a “minor” crash may vary from one person to another. Pennsylvania law requires you to report a motor vehicle accident if it caused an injury, death, or the damage caused to the vehicles makes them undrivable. Reporting the crash has its benefits because you will have a police report, which can become a valuable piece of evidence for your claim.  

  • “There is no need to seek medical attention if I feel fine.” One of the most dangerous misconceptions is that you do not necessarily need to receive medical care if you feel fine following the crash. That is not true. It is always a good idea to go to a hospital or see a doctor after a car accident, even if you think that you were not injured or your injuries seem minor.  

  • “I cannot file a claim and recover compensation if I was partially at fault.” That is not the case in Pennsylvania, which follows a modified comparative negligence rule. In other words, it means that you can file a personal injury claim and seek compensation even if you were partially at fault. However, your degree of fault must be less than 51% to be eligible for compensation.  

  • “I do not need an attorney to file a car accident claim.” Many people think they can save themselves some money by handling the car accident claims process on their own. However, having a skilled attorney on your side can speed up the claims process and help you negotiate with the insurance company to obtain fair compensation on your behalf.  

We know how confusing and daunting the car accident claims process may seem. That is why our knowledgeable and experienced attorneys at Goldberg, Goldberg & Maloney, are committed to helping car accident victims and their families navigate the claims process and recover the maximum amount of compensation they need to get their lives back on track.  

Turn to Trusted Representation   

At Goldberg, Goldberg & Maloney, we understand that navigating the claims process can be challenging, given the common misconceptions about car accident claims in Pennsylvania. If you need help with your claim, our car accident attorneys in West Chester, Pennsylvania, are here to address any questions or concerns you may have and advocate for your rights. Get a free case evaluation today by reaching out to our office.