What Should I Do After a Car Accident That Wasn’t My Fault?

Question from Dog Mom, What Should I Do After a Car Accident That Wasn’t My Fault?

Answer from AI:

If you’ve been involved in a car accident that wasn’t your fault, there are several steps you should take to protect your rights and interests. Here’s a general guide on what to do:

Immediate Steps After the Accident

• Stay at the scene: Never leave the accident scene until it’s appropriate to do so. If you leave, especially where someone has sustained injuries or was killed, you can face serious criminal penalties for being a hit-and-run driver.
• Check on all drivers and passengers: Before assessing property damage, make sure everyone involved in the accident is okay. Get medical attention for anyone who needs it. If a person is unconscious or has neck or back pain, don’t move them until qualified medical help arrives, unless a hazard requires moving the person.
• Call the police: If there’s significant property damage, physical injury, or death, you need to call the police. Ask that a police report be filed in situations where cops do arrive at the scene, and obtain the names and badge numbers of the responding officers.
• Exchange information: Get the names, numbers, addresses, drivers’ license numbers, license plate numbers, and basic insurance information from all drivers involved. If there are passengers, also obtain their names, numbers, and addresses. In talking to other drivers, try to be cordial and cooperative.
• Take pictures: Take photographs of the damage to your vehicle as soon as possible after the accident. Photos help your insurance adjuster determine how much you should be compensated for the damage to your car and can help in court.
• Talk to witnesses: Ask every witness what they saw. Get their names, numbers, or addresses, if possible. If they’re willing, ask them to stay at the scene of the accident until the police arrive and can take their statement.

Medical Attention and Documentation

• Seek medical attention: Even if you feel fine, it’s important to get checked out by a healthcare professional. Injuries from car accidents can often become apparent only after a few hours or days.
• Keep track of your treatment: Note any doctors, physical therapists, chiropractors, or other medical professionals that you receive treatment from, and each medical provider that referred you to other caregivers. Keep a detailed account of the treatments or medications you receive.
• Request copies of all medical reports and bills: These documents can help you prove your medical expenses later. Medical reports also detail the extent of your injuries and the treatment you will need in the future.
• Document your injuries: Take photographs of your injuries; they may help you receive compensation from the insurance company for your medical bills.

Dealing with Insurance Companies

• Notify your insurer: Promptly tell your insurance company you’ve been in an accident. Cooperate with them and tell them the truth about what happened and the extent of your injuries. Explain the facts clearly. If the insurance company finds out that you’ve lied to them about anything, you can get into serious trouble, including possible denial of coverage for the accident.
• Consider consulting an attorney: Especially if you have suffered significant injury, it might be wise to consult with an experienced personal injury attorney. An attorney can help protect your rights and ensure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. It’s important to have received legal advice before providing such a statement.

Legal Considerations and Seeking Compensation

• Understand your rights: Different states have different laws regarding fault and compensation. In some states, if you are even partially at fault for the accident, you may not receive any compensation. In others, there is a comparative negligence rule, where you can receive compensation minus your percentage of fault.
• Keep detailed records: Keep all your accident-related documents and information together. This information should include a claim number, the claim’s adjuster who is handling the claim, names and phone numbers of all contacts, receipts for a rental car, and other expenses incurred due to the accident.

When to Seek Legal Advice

If you’re facing a situation where the other driver had a revoked license, left the scene, and you’re dealing with injuries, it’s particularly important to consult with a legal professional. They can guide you through the process of potentially filing a personal injury lawsuit to recover damages for your pain and suffering, medical expenses, and any lost wages due to the accident.

Remember, this information is a general guideline, and the specifics of your case may require personalized legal advice. It’s always best to consult with a legal professional to understand your rights and the best course of action for your situation.

Note: The information provided here is not legal advice and should not be taken as such. If you need legal advice, please contact a licensed attorney.