What Not to Do After a Car Crash

The minutes after a crash are the worst possible time to make decisions that shape your personal injury claim. You are shaken, your car is damaged, and someone is already asking you questions. Yet what you do in that window often matters more than anything that happens later.

The short answer: do not leave the scene, do not apologize, do not skip medical treatment, and do not give the insurance company a recorded statement or accept a settlement before you understand what your claim is worth. Each carries a specific consequence under Pennsylvania law. If your crash involved serious injuries, limited tort issues, or disputes over fault, a Pennsylvania car accident lawyer can explain where your claim actually stands before the insurer does. Here are things that you should not do after a car crash.

Key Takeaways: What to Avoid After a PA Car Crash

• At the Scene: Do not leave before exchanging information. Do not apologize or guess at what happened. Do not assume someone else reported the crash. If the crash was reportable and no officer investigates, filing a written report with PennDOT within five days falls to you.
• In the Days After: Do not skip treatment over cost (PA policies cover at least $5,000 in PIP medical benefits regardless of fault). Refuse recorded statements, blanket medical releases, and initial settlement offers from the other driver’s insurer.
• Already Made a Mistake? Most errors can be repaired. However, signing a settlement release or missing PA’s 2-year deadline generally cannot be undone.

Mistake #1: Leaving Before You Have Met Your Legal Duty

Pennsylvania requires you to stop, give your name, address, and vehicle registration to the other driver, and show your license on request. Leaving before you do that is a criminal offense, not a traffic ticket, and the grading rises with the severity of the injuries.

Staying also gets you proof. When police respond, they must investigate and give each driver a signed statement confirming the crash was reported. Drive away, and you have neither the statement nor the report.

Mistake #2: Assuming the Crash Was Reported

How long you have to report a car accident in Pennsylvania depends on one thing: whether an officer investigated. Two separate obligations exist under 75 Pa.C.S. § 3746 and § 3747. Here is how the two obligations divide:

The five-day window is a fallback, not the general rule. If police came and gave you that signed statement, your duty is discharged. If nobody came, the clock is running.

Mistake #3: Apologizing or Admitting Fault at the Scene

Saying “I’m sorry” at the scene isn’t an automatic admission of fault, but it gives the insurance adjuster leverage to lower your payout. Under Pennsylvania’s modified comparative negligence rule, your recovery is reduced by your percentage of fault. You can still recover with a share of 50 percent or less. At 51 percent or more, you recover nothing.

The comparative fault arithmetic makes apologizing costly. On a $100,000 claim, a 30% share of fault costs you $30,000. The insurer doesn’t need to prove you caused the crash, only to push your percentage upward.

Admitting fault or guessing details like speed and distance creates recorded statements the insurer will use against you. Stick strictly to what you know. Unless you are completely certain, do not speculate on speeds, distances, or traffic signals. For complete evidence-gathering steps, read our guide on what to do after a car accident.

Mistake #4: Skipping Medical Care Because You Are Worried About the Bill

Every Pennsylvania auto policy includes at least $5,000 in first-party medical benefits that pay out regardless of who caused the crash.

Delaying care creates two risks. Concussions, soft tissue damage, and internal injuries often surface days later, which makes immediate evaluation a medical priority before it is a legal one. An adjuster will then use any gap in treatment to argue your injuries were unrelated to the crash. If your symptoms developed after you left the scene, review our guide on delayed pain after a car crash.

Mistake #5: Posting About the Crash on Social Media

Adjusters check social accounts, and they are looking for anything that contradicts the injuries you have described. A photograph of you at a wedding, a friend’s tagged post from a hike, a check-in at the gym, none of it needs context to be useful to them.

Private settings help less than people assume, since anything a friend can see can be screenshotted and produced. Deleting posts after a claim is underway carries its own risk, because destroying evidence relevant to litigation can be raised against you. Stop posting. Do not scrub what is already there without asking a lawyer first.

Mistake #6: Talking to the Adjuster Before You Are Ready

The other driver’s insurer usually calls within a day and will sound helpful. You have no legal obligation to give their adjuster a recorded statement; doing so locks you into an account of the crash before the full extent of your injuries is known.

What not to say to an insurance adjuster comes down to three things: don’t apologize, don’t guess at facts, and don’t describe your injuries as minor. An initial settlement offer arrives early for the same reason. It is priced for today’s convenience, not your long-term medical costs. Signing a settlement release ends your claim permanently, even if your condition worsens.

Always notify your own insurance company promptly. Most policies require timely notice to preserve your Personal Injury Protection (PIP) medical benefits.

Mistake #7: Signing a Blanket Medical Authorization

The paperwork an insurance adjuster sends often includes a release for your complete medical history. While presented as routine processing, it is a tactic to undermine your auto accident claim.

A blanket medical release gives the insurer access to your entire medical record, allowing them to scour past treatments, sports injuries, or pre-existing conditions to argue your pain wasn’t caused by the crash. Never sign a broad release; restrict any signed authorization strictly to care related to the accident.

Mistake #8: Waiting Out the Two-Year Deadline

The statute of limitations for personal injury in Pennsylvania is two years from the date of the crash. Miss it, and your claim is barred regardless of how strong it was.

Shorter deadlines apply when a government vehicle or municipal authority is involved, sometimes six months for formal notice. Evidence runs on its own clock: surveillance footage from nearby businesses is routinely overwritten within days, and witnesses stop remembering details within weeks.

What to Do If You Have Already Made One of These Mistakes

Most accident victims read advice after a mistake has already happened. The real question isn’t whether you made an error. It’s whether that error can still be fixed. In most cases, it can.

The single biggest variable in repairing an accident claim is time. Physical evidence degrades, witnesses lose memory, and the insurance company builds its file while yours stays empty.

Still deciding whether taking action is worth it? Our guide on hiring a lawyer for car crashes in PA covers what representation actually changes for your recovery.

Frequently Asked Questions

What Should I Not Say to an Insurance Adjuster?

Avoid apologizing, guessing at facts you did not observe, and characterizing your injuries as minor. “I’m fine” on day one becomes an argument on day sixty. Give your name, the date, the location, and the fact that a crash occurred. Decline to speculate about fault or the severity of your injuries.

How Long Does an Accident Stay on My Record in Pennsylvania?

An at-fault crash is recorded on your PennDOT driving history, and any points assessed for an underlying violation such as careless driving generally come off after three years of violation-free driving. Insurers apply their own surcharge periods, which are typically three to five years and are separate from your PennDOT record.

What Should I Not Tell My Own Insurance Company?

Your own insurer is owed prompt, truthful notice, and withholding it can cost you coverage. That duty does not extend to speculation. Report what happened without guessing at fault, and be aware that a recorded statement to your own carrier can still surface later if coverage becomes contested.

Can I Still Recover If the Crash Was Partly My Fault?

Yes, provided your share is 50 percent or less. Your award is reduced by your percentage, so a 20 percent share on a 100,000 dollar claim yields 80,000. At 51 percent or above, recovery is barred entirely.

Talk to Us Before You Talk to the Insurer

If you were injured on I-81, I-84, Route 6, or any roadway across Northeastern Pennsylvania, a short conversation now can protect your entire recovery.

Founding attorney Melissa A. Scartelli, a Board Certified Civil Trial Advocate, has tried these car accident and injury cases in Lackawanna and Luzerne County courtrooms since 1988. Our Scranton car accident attorneys and Wilkes-Barre car accident attorneys build claims the same way whether the crash happened downtown or off a rural stretch of I-81. In complex claims, hard evidence like accident reconstruction, scene photography, and witness accounts carry the argument, not a comment you made at the roadside while shaking.

Do not let an insurance adjuster dictate what your claim is worth. We offer free case reviews, no-cost calls, and you owe nothing unless we recover money for you.

“Small Enough to Care, Large Enough to Win”

Call Scartelli Olszewski, P.C. today at (570) 346-2600 or schedule a free consultation online to discuss your options with an experienced Pennsylvania car accident lawyer.

  
 
 
 
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I have a 28yr old special needs son who is non-verbal. Even though we moved away from the Scranton area, an incident occurred with him and I really needed Legal Advice. Already knowing Atty Melissa Scartelli, I called Her for advice to see if we had a case.
She was honest and said it wasn't their type of case. However, she didn't stop there.
She assured me, she would find who, in MY area, was able to Help me and my son find justice...AND without having the anxiety of going to Court! She DID that too.
She researched, she & her  paralegals helped with conference calls, snail mail, emails and even text messages. All the while, wanting and caring to make My Son Whole! ❤️
We came to an agreement and even still helping make sure I follow-up and know what to do post-case. Also, I do not want to forget Patrick & Brittany helping the team.
I am SO grateful for the offices of Scartelli & Olszewski.
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Scartelli Olszewski, P.C.,  is a personal injury law firm staffed with individuals who are knowledgeable,  compassionate and vigilant advocates for their clients.
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I cannot say enough about Melissa Scartelli and her law firm. If you are looking for an attorney who truly cares about her clients and treats you like a person instead of just another case number, I highly recommend her.

I first came across Melissa during an extremely difficult emergency involving a family member. I was overwhelmed, scared, and honestly did not know what to do or who to call. I had contacted other attorneys, and some seemed too busy to speak with me or said they would call me back and never did.

Then I found Melissa. She did not know me. She did not even know the full details of my situation yet, but she stayed on the phone with me, listened to what I was going through, and helped guide me through what I needed to do. She helped me understand who I needed to contact, including the police and the funeral home. During one of the hardest moments my family had experienced, she took the time to help us when she did not have to.

That told me immediately what kind of attorney and what kind of person she was. Throughout my case, Melissa and her firm made me feel comfortable and supported. They walked me through the process and made sure I understood what was happening.

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There are certain details about my case that I cannot discuss publicly, but I can say that I will never forget what Melissa Scartelli and her firm did for me and my family.

If there were an award for attorneys who go above and beyond for their clients, Melissa would be at the top of my list. After everything we went through together, I consider her more than just an attorney I worked with I consider her someone my family and I will always respect and appreciate.

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A friend referred me to Scartelli and Olszewski after I had an injury in a motor vehicle accident. I had never been in this situation before but Ann Marie and Rachel made it painless.. (Minus the pain in my broken bones..) They made me feel very sure about their process, and kept me updated when progress had been made. Thanks to their relentless fight and attention to detail, we secured great compensation. I hope not to need an injury attorney again, however, I know where I would go, and I know where you should go if you do!
  
 
 
 
 
 
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My husband was an attorney in Honesdale and when he needed a really sharp lawyer he called on this firm. When my son-in-law had a vehicular accident that wasn’t his fault I remember my husband  telling me about Melissa and her office   We contacted her and were impressed by the caring and time they gave us. My husband has passed and I am sure he was sitting on my shoulder being happy with our choice. No question was too small or unimportant to any of the staff
  
 
 
 
 
 
 
 
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This article is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Attorney Advertising.

Peter Olszewski

Peter Paul Olszewski, Jr., a shareholder and managing partner at Scartelli Olszewski, P.C., brings 37 years of litigation experience. He is a renowned trial lawyer in Pennsylvania, specializing in medical malpractice, personal injury, and criminal defense. Peter's notable achievements include securing multi-million-dollar verdicts and serving as District Attorney and Judge. He is committed to community involvement and is actively engaged in various legal associations.
Linked In - https://www.linkedin.com/in/peter-paul-olszewski-jr-11115b1a/