What to Do After a Car Accident Not Your Fault? Being involved in a car accident is traumatizing. It gets even more stressful as it was not your fault. We know how oppressive this situation may be. You must be feeling somewhat confused, nervous and not knowing what to do next.
It is important to know what to do when you have been in a car accident and it is not your fault. Such knowledge will give rightful protection to your rights and guarantee compensation.
There is a lot to it, everything of which we will guide you in this all-inclusive guide. You will know every action to follow in case of a car accident that is not your fault.
Thousands of readers have used us to do so. We aim at making things easier. This article discusses urgent measures, insurance reimbursement, and litigation. Let us get into it, and defend your interests.
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Why Understanding Your Rights Matters
You may believe that it is easy when you are innocent. However, unfortunately, that is not always the case. Insurance firms do not necessarily play fair. They can attempt to reduce your compensation.
The difference between knowing your rights and not knowing them. It gives you the strength to retaliate. Many victims of accidents have lost money. He and she just did not know their right.
“The difference between getting fair compensation and being shortchanged often comes down to knowledge and preparation.”
What you are doing in the wake of the accident is so important. They decide on the level of remunerations you get. They also have an impact on the speed at which your claim is resolved.
Immediate Steps After a Not-At-Fault Car Accident
Step 1: Ensure Everyone’s Safety First
Your safety comes first. This is one of the main priorities to keep in mind. Immediately check yourself whether injured or not. In some cases, pain is slow to manifest.
Next look round and see your passengers. Ask whether somebody is hurt or dizzy. Childs may be frightened and puzzled. Consolest them and evaluate the state of things.
If safe, move to the road’s edge. Switch on your hazard lights. This warns other drivers about danger. It eliminates the further occurrence of accidents.
Step 2: Call 911 Right Away
Never skip this crucial step. Police reports are so precious. They give the record of accidents. They are very significant to insurance companies.
When you call 911, stay calm. Be sure to give your precise whereabouts. Briefly and accurately describe the accident. state whether anybody requires medical attention.
Dependent on the help, the dispatcher will dispatch. All this will be written down professionally by the police officers. The paramedics will inspect all those involved. This is an official answer which safeguards your interests.
Step 3: Seek Medical Attention Immediately
You may feel very well; however, have it checked. There are some injuries that conceal themselves. Whiplash usually manifests itself a few days later. Internal trauma is life threatening.
The National Highway Traffic Safety Administration (NHTSA) claims that a high number of the victims of accidents seek medical attention late. Such delay can have a severe negative effect on your car accident claim. The insurance companies doubt the injury reports that are reported late.
Go to an emergency room as much as possible. At least, visit your doctor in the near future. Store any medical records in a well-systematized way. The records are evidence to prove your injury claims.
How to Collect Evidence at the Scene
Photograph Everything You Can
The best friend in this case is your smartphone. Get images in various perspectives. Record all the damage on vehicles. Inclusions of wide shots with positions.
What to photograph:
| Evidence Type | Why It’s Important |
|---|---|
| Vehicle damage | Proves impact severity |
| Skid marks | Shows how accident happened |
| Traffic signs | Documents road conditions |
| Weather conditions | Explains visibility factors |
| Injuries | Proves physical harm |
| License plates | Identifies all parties |
Don’t rely on memory alone. Pictures tell the true story. They are impossible to argue and forget. Take as many as possible.
Exchange Information With Everyone Involved
You must have the information of the driver on the other side. This is necessary in your claim. During this exchange be courteous but exhaustive.
Collect this information:
- Full legal name
- Phone number and address
- Driver’s license number
- Insurance company name
- Insurance policy number
- Vehicle make and model
- License plate number
Note the place of the accident also. Write down the exact time. Weather and road conditions record.
Talk to Witnesses Nearby
Witnesses make your case very strong. Your version is backed up by their statements. Find individuals who heard and saw all.
Go up to them in a polite and calm manner. Ask them whether they would give contact information. Ask whether they would provide statements. Most people want to help.
Get their names and telephone numbers. Ask them what they observed. Record their reports at the first instance. Memories decay soon after events.
Dealing With the Other Driver
Stay Calm and Polite
Passions are hot following accidents. You might feel angry or upset. Such a response is entirely instinctive. Nonetheless, it is necessary not to panic.
And do not dispute which is to blame. Never use confrontational language. Be quick and professional on interactions. Do not believe me, let the evidence speak.
Never Admit Fault
This is a key point that is indispensable. Always apologize about the accident. Don’t say “I’m sorry” casually. These words are twisted by the insurance companies.
It is even painful to say that I did not see you. It implies that you have not been listening. Only factual statements should be made. Allow fault to be established by the investigators.
What you tell on accident scene can and will be used against you in the claims process.
Don’t Discuss Settlement Offers
The other driver may provide cash. They might desire to resolve out of court. This approach has many risks. You could get far less.
Very nicely reject any immediate offers. Inform them that you will be covered by insurance. This safeguards your right to law. It provides reasonable remuneration in the future.
Understanding Fault Determination
How Insurance Companies Decide Fault
The rules of fault determination exist. All accidents are investigated by insurance adjusters. They investigate all the evidence that can be found.
Some of the factors they put into consideration are:
It is important to know how this happens. It demonstrates what is the most important evidence. It controls your documentation work.
Traffic Laws and Fault
There are clear guidelines formed by traffic laws. It is typical to violate them to be at fault. Typical offenses are the red lights.
Most accidents are also caused by speeding. Rear-endings are usually caused by tailgating. Incorrect lane changes pose hazardous environments. Such breaches normally define wrongfulness.
Comparative Fault Explained
There are states that apply comparative fault. This implies that it is possible to share fault. You might be 10% at fault. The other driver might be 90%.
Your salary is cut down by your percentage. If you’re 10% at fault, you lose 10%. The knowledge of this secures your claim. It assists you to struggle towards minimality of fault.
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Filing Your Insurance Claim Properly
Contact Your Insurance Company First
Inform your insurer of the accident. Do this within 24-48 hours. Late deliveries are later troublesome. The majority of the policies need to be notified in time.
Give some simple facts concerning the accident. Don’t guess or conjecture on anything. Way to go, certainly what you know. Give the investigation the details.
Filing a Claim Against the At-Fault Driver
This is referred to as third-party claim. You sue them under their insurance. The damages should be in their policy. This consists of your automobile repairs.
The Insurance Information Institute states that third-party claims are more time consuming. They usually need a greater number of records. One should be patient throughout this process.
What Information You’ll Need
Make all prepared prior to calling. Organization serves to hasten everything. It demonstrates that you are a serious claimant.
Critical documents checklist:
- Police report number
- Details of insurance of other driver.
- Photos of the accident
- Contact information of the witness.
- Medical records and bills
- Repair estimates
- Lost wage documentation
Types of Compensation You Can Claim
Vehicle Repair or Replacement Costs
Your vehicle requires some repair or change. This is paid by insurance of the at-fault driver. Find several estimates of repairs.
In case of a totaled car, there are other rules. The real value of the cash is obtained. This is the car worth before the accident. It’s not what you paid.
Medical Expenses Coverage
Every medical expense is supposed to be paid. This consists of emergency treatment. It includes continuum care also.
Medical costs include:
| Type | Examples |
|---|---|
| Emergency care | ER visits, ambulance |
| Hospital stays | Surgery, recovery time |
| Ongoing treatment | Physical therapy, follow-ups |
| Medications | Prescriptions, pain relief |
| Medical equipment | Crutches, braces, wheelchairs |
| Future care | Long-term therapy needs |
Lost Wages and Income
Your accident may cost you a day at work. Such misplaced wages can be reclaimed. Maintain elaborate records of absences.
Obtain a letter of your employer. It must confirm the payroll information. It is supposed to include days that you missed. This paper proves what you have lost.
Pain and Suffering Compensation
Emotional pain as well is brought on by physical injuries. This agony is worth some money. It is referred to as non-economic damages.
Pain and suffering are difficult to compute. There are different approaches of insurance companies. They pay attention to the severity and time of injury. This is the maximum that your lawyer can maximize.
Property Damage Beyond Your Car
There may be other property damaged as well. Your phone might be broken. There is a possibility of destruction of your laptop. Personal property is also compensated.
Note everything that was destroyed. Give out receipts where available. Take photos of the damaged products. Include them in your claim.
Step-by-Step Insurance Claim Process
The Timeline of Your Claim
Knowledge of timeframes creates the right anticipations. Claims made by insurance do not solve in a day. Patience is required at all times.
Working With Insurance Adjusters
Adjusters probe into your claim. They are employed in the insurance company. Do not forget whose side they are on.
Tell the truth in a calculated manner. Respond to questions in a short and honest manner. Please, do not volunteer any additional information. Stick to facts only.
Getting Fair Vehicle Repair Estimates
Get three or more estimates of repairs. This is the actual cost of repair. It eliminates lowball settlement offers.
Only reputable repair shops should be selected. Enquire about their certification qualifications. Demand line by line written estimates. Make comparisons of them and then decide.
Negotiating Your Settlement
First offers are generally low. Negotiation is what is expected by insurance companies. Do not believe at all without thinking.
Aggress with your damages on record. Give justification of your amount. This should be strict but fair. Know your bottom line number.
When You Need a Car Accident Lawyer
Signs You Should Hire Legal Help
Not all accidents need the assistance of a lawyer. Nonetheless, there are certainly some cases. Knowledge is handy in decision making.
Consider a lawyer if:
- Your injuries are severe
- The other party does not agree on fault.
- Denied by insurance company.
- You’re offered too little
- There are several parties involved.
- The accident was complex
- You’re unsure about anything
How Lawyers Help Your Case
Attorneys of car accidents have skills to contribute. They are conversant with insurance company tricks. They struggle to get the highest compensation.
All paperwork is done on a professional level by lawyers. They are also negotiators who negotiated with insurance adjusters. They can take cases to court. Settlement are frequently augmented by their involvement.
Understanding Lawyer Fees
The majority of car accident attorneys have contingency. You do not pay them any initial fee. They receive a commission on winnings.
The normal contingency charges are 25-40%. This appears to be a great deal at first. Nevertheless, lawyers tend to make settlements large. And you can get away with more than fees.
Common Mistakes to Avoid After Your Accident
Mistake 1: Leaving the Scene
Do not leave an scene of accident too soon. Wait until police send you home. There are very serious consequences of leaving early.
It can be said to be a hit and run. It is a criminal offense all over. It kills your credibility altogether. Stay put and cooperate fully.
Mistake 2: failure to seek medical attention.
We said this but it is worth saying again. Negligence in medical treatment is counterproductive to claims. Insurers claim that you have not been hurt.
“You were not hurt enough to see a doctor, so you were not hurt enough to file a claim.”
This is unsound reasoning that is prevalent. Give this ammunition to them. Never fail to see a doctor.
Mistake 3: The Gifting of Recorded Statements.
The other insurance firm can be called. They could request the statements to be recorded. Agreing to what is not a foolhardy thing.
There is no obligation of you to give one. Say no politely in case you are not sure. A lawyer should be consulted first. Taped interviews are counterproductive.
Mistake 4: Taking the First Bid.
First settlement offers are tactical. They are made to cost less. Quick acceptances are beneficial to the insurance companies.
Spend some time to consider each offer. Add up all your losses properly. Think about the costs that you may have in the future. Always negotiate good remuneration.
Mistake 5: Social Media Posting.
Your case can be ruined by social media. Your posts are followed up by insurance companies. You are hurting me with photos of you looking happy.
Do not post about your accident on the Internet. Do not keep pictures of things you do. Anything may be turned against you. Go away social media.
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Understanding Your State’s Laws
Statute of Limitations
Every state has time limits. You have to make claims in them. Losing time due to non-delivery of deadlines implies the loss of rights.
Look at the legislation of your state. Don’t assume you have time. Take action now in order to defend your rights.
No-Fault vs. At-Fault States
Accidents are managed differently by states. Others are no fault insurance states. There are those who adhere to classical rules of fault.
No-fault states work on an insurance basis. Irrespective of the cause of the accident. States that are at-fault operate differently. You make claims against the duty bearer.
It is important to know what is happening in your state. It dictates your way of filing claims. It influences the compensation you are able to get.
Dealing With Injuries After Your Accident
Immediate Injury Care
Other injuries manifest immediately. Broken bones can be spotted at the first instance. Bruises and cuts are visible immediately as well.
These should be immediately treated with emergency treatment. Waiting till tomorrow is not good. Severe injuries should be attended to. Time can be critical here.
Delayed Injury Symptoms
Other injuries hide for days. The whiplash is a late manifestation. Concussions are also gradually developed.
Monitoring of the following delayed symptoms:
- The emergence of headaches with time.
- Neck or back pain increasing
- tingling or numbness in the body.
- Dizziness or balance issues
- The problems with memory or attention.
- Mood changes or anxiety
Long-term Injury Provisions.
There are injuries that are permanent. They may be in need of a continuous treatment. The physical therapy may take months.
Take into account the following long-term costs. Include them in your claim. The future medical needs should be compensated. Do not get ready to settle before you know them.
How to Track Your Damages Effectively
Create a Damages Journal
Record all at the very beginning. Maintain an elaborate damages journal. This is demonstrating your perpetual losses.
Note the level of pain every day. Note activities you can’t do. Write of emotional conflicts as well. This journal is an effective testimony.
Organize All Your Receipts
All expenses should be documented. Be sure to keep receipts of all. List them in sequence so that they can be understood.
Track these expenses:
| Category | Examples |
|---|---|
| Medical | Doctor visits, prescriptions |
| Transportation | Uber to appointments |
| Household help | Hired cleaning services |
| Childcare | Extra babysitting needed |
| Vehicle | Rental car, repairs |
Calculate Lost Income Accurately
Missing work costs you money. Keep a tab of all the missed hours. Add incomplete days and extra working hours.
Get a paperwork with your employer. Show your regular pay rate. Add perks that you lost as well. Self-employed people should have additional evidence.
What Happens If Claims Are Denied
Understanding Claim Denials
Claims are denied by insurance companies. This does not signify that you are not in luck. Denials usually can be reversed.
The most frequent denial causes are:
- Controversial determination of faults.
- Policy coverage issues
- Lack of documentation
- Missed deadlines
- Notes and claims of pre-existing conditions.
How to Appeal a Denial
Appeals have rights of denials. This procedure differs according to the insurer. Knowledge of it contributes to your success.
To begin with, demand the rejection in writing. Request certain reasons as to why. Acquire more evidence required. Making a formal written appeal.
Taking Legal Action
When the appeals do not work, legal action is something to consider. The driver at-fault can be sued. You may even sue your own insurers.
Unfair denials can be reversed by courts. During the examination of evidence, judges look at it in isolation. Accident victims are usually favored by the juries. The alternative is a solution of legal action.
Rental Car and Transportation Issues
Getting a Rental Car Covered
You require a means of transportation as yours is fixed. It should be offered via the at-fault insurance. This is called loss of use.
They usually deal with economy rentals. Rentals of luxury cars are not typically featured. It is covered until the repairs are made. Retain all rentals receipts.
If You Don’t Have a Car
Maybe you don’t need a rental. You should see whether you can use public transportation. Uber and Lyft work too.
Monitor all other transportation expenses. These are also expenses that are reimbursable. Keep receipts for every trip. Include them in your claim.
Repairing Your Vehicle Properly
Choosing the Right Repair Shop
You tend to select your repair shop. One of them may be proposed by the insurance company. You have no obligation to make use of theirs.
Select experienced and reviewed mechanics. Inquire about their experience in particular. Order OEM parts wherever possible. Safety is concerned with quality repairs.
Authentic vs. Counterfeit.
Insurance can desire aftermarket components. They are substitutes that are cheaper. They could be of inferior quality.
Negotiations can be made over OEM parts. Parts made by an Original Equipment manufacturer are superior. They preserve the price of your car. Push for them when possible.
What In Case Repairs are not satisfactory?
Not all things can be fixed by repairing. Emerging issues may arise in the future. You can rely upon such occasions.
Record down any current problems. First go back to the repair shop. Contact insurance in case of continuation of problems. You should have total repairs at all times.
Quick Reference: Your Rights After an Accident
Protecting Yourself for the Future
Review Your Insurance Coverage
When an accident has taken place, read your policy. Know what you are covered with. Consider if it’s adequate now.
Uninsured motorist insurance is a necessity. It covers the uninsured motorists. The collision coverage assists your car. Limit of review of all coverages.
Consider a Dashcam Investment
AAA dashcams are useful pieces of evidence. They take down the accidents as they occur. This video records fault evidently.
The current dashcams are cheap. They can be installed by oneself. Their supporting evidence is priceless. This would be a worthwhile investment to consider.
Drive Defensively Always
The most appropriate accident is one that is avoided. Defensive driving should be practiced. Be suspicious and look ahead to trouble.
Always abide by the rule of distance. Do not be distracted whilst driving. These routines save you at all times. It is better to prevent than to cure accidents.
Final Thoughts on Your Accident Claim
We have made some long ground here. Now you are informed on what to do when you have been in a car accident but the fault was not yours. This fact gives you a lot of strength.
It is good to recall that not being-at-fault is helpful. But still you have to make it. The key to success is documentation. Of your interests the evidence is a complete protection.
And insurance companies are not to be exploited. Be aware of your rights and demand them. Seek legal help if needed. You should be well paid at all times.
It is a long process on the road to recovery. Always be patient yet tenacious. Take the steps that we have explained. Your auto accident lawsuit will be successful.
We hope this guide helps you. Give it to people who require it. The preparation is a way of avoiding expensive errors. Take care on the roads ahead.
Frequently asked questions (FAQs)
Most states give you 2-3 years. Nevertheless, there are those that have less time to deadline. See your state statutory law of limitations. Do not waste time to defend your rights.
No, the rates should not be raised in the case of not-at-fault accidents. Innocent victims cannot be punished by your insurer. Nevertheless, not all the states have the same rules. Ask your agent to be more specific.
Enter in your uninsured motorist insurance. This is the very reason why we have this type of coverage. The driver can be sued by you, as well. Gathering may not be easy however.
Generally, no. An offer that is made first is generally a lowball offer. Calculate the sum of damage of your first. Always negotiate good remuneration.
Not always, but often yes. Serious harm is surely something that needs the assistance of a lawyer. Problematic fault cases should have an attorney as well. The consultations are normally free to book.
Disclaimer: This paper is just a general information. It does not amount to law advice. In particular, seek the advice of a professional lawyer. The laws depend on the state and circumstances.
