What Do You Do After a Car Accident That Was Not Your Fault?
Being in a car crash is stressful, especially when it’s not your fault. Knowing what to do after a car accident that is not your fault can significantly protect your rights and get you appropriately paid.
Steps to Take Immediately After a No-Fault Car Accident
This post will explain the steps to take in this situation. We’ve covered you whether you are dealing with insurance claims or gathering evidence.
Check for Injuries and Call 911
Even if you feel fine, check yourself and others for injuries. Sometimes, the shock of a collision can mask pain or injuries. Call 911 immediately to report the accident and get medical help if needed. A police report is key to documenting the crash.
Once the authorities arrive, give a factual account of what happened, but don’t assign blame. Let the police determine the fault based on the evidence and statements.
Swap Info and Document the Scene
Get the other driver’s contact and insurance info. Don’t admit fault or apologize at the scene; this can be misinterpreted as accepting responsibility.
Use your phone to take explicit pics of the vehicles, license plates, the road, and any visible injuries. This will be important when filing an insurance claim or if legal issues arise later.
Notify Your Insurer
Even if the accident wasn’t your fault, notify your insurer immediately. They need your version of events and the police report. Your policy may require prompt reporting to stay in force.
Be honest and thorough in your statement. Include all the details and provide any evidence you’ve collected to support your claim.
File a Claim with the At-Fault Driver’s Insurer
This is a third-party claim. You’ll be seeking compensation from the at-fault driver’s insurance company. Include the police report number, photos of vehicle damage, and medical bills.
Keep it professional. Don’t give recorded statements without legal advice; anything you say can be used to minimize your claim.
Get Medical Treatment and Keep Records
Get a complete medical check-up even if you feel fine. Some injuries (like whiplash or concussions) take days to show up. Keep every bill, prescription, and doctor’s note as proof of your injuries.
These records will help justify the cost of your medical treatment and any future treatment when you go for reimbursement.
Lost Wages and Other Damages
You may be entitled to lost wages if you’ve missed work or can’t do your job because of injuries. Document your time off and ask your employer for written proof.
Beyond wages, you may also claim pain and suffering, emotional distress, or loss of enjoyment of life. Each of these damages must be supported by evidence.
Talk to a Personal Injury Attorney
If the insurance company denies your claim or offers a low settlement, it’s time to talk to a lawyer. An experienced attorney can negotiate and ensure you get what you deserve.
Many lawyers offer free consultations and only charge a fee if they win your case, making it easier to get legal help.
Understand Your Rights and State Laws
Laws around liability and insurance vary by state. Knowing your rights can protect you from being taken advantage of. A lawyer can help you understand your local laws and explain how they apply to your case.
FAQs
The other driver’s insurance will pay for your damages if you’re not at fault. You can make a 3rd party claim for repairs and medicals. Your insurer may help with initial costs and seek reimbursement later.
You can prove you’re not at fault by collecting evidence like photos, witness statements, and police reports. Dashcam footage is also valuable. The insurance company and authorities will review this to determine liability.
Yes, either the at-fault driver’s insurance or your own (if you have collision coverage) will pay. Some policies will provide support even if a fault is being investigated. You may still need to pay an excess upfront, which could be reimbursed later.
See a doctor as soon as possible, even if you feel fine, to rule out hidden injuries. Follow medical advice and take time to rest and recover mentally and physically. Consider therapy if you’re experiencing emotional trauma after the crash.
Conclusion
After a car accident that was not your fault, dealing with what to do means staying calm, collecting evidence, contacting the right people, and protecting your legal rights. Taking these steps seriously will make a big difference in your claim and recovery.
