What to Do After a Car Accident That Is Not Your Fault

You should call your lawyer right after getting medical attention for a car accident, especially if it was not your fault. Try to remain calm while you get legal assistance, and avoid talking to insurance companies in detail—not even your own.

Some adjusters will take advantage of the emotional state an accident can cause in a person to get questionable statements or to make them sign unfavorable agreements. Let the personal injury lawyers at 1LAW show you some of the most important things to do after a car accident that is not your fault.

First Steps After a Car Accident That Was Someone Else’s Fault

Accidents are traumatic events that leave people in a vulnerable state. Unfortunately, many insurance adjusters use that to gather false evidence or ambiguous statements. But there are some things you can do to defend your rights and support any claim you want to make in the future:

• Remain calm: Even though it may seem complicated, it is important to remain as calm as possible after a car accident. That will allow you to spot any inconsistencies made by an insurance adjuster. 
• Get medical assistance: Calling emergency services is necessary whenever there are injured people. But being the person who places the call can also help you build a stronger case.
• Do not move any injured victim: People without medical training should not move any injured person since they can worsen the situation and face legal consequences. 

Calling the Police After a Car Accident That Was Not Your Fault

You should call the police immediately, no matter how small the damage looks. If another driver was at fault, having the support of a police report can be very helpful for your case. Be careful when the other driver offers to take care of your reparations or doesn’t want to involve the police. 

The police report can also become an important part of an insurance company’s investigation. And if your case needs to be taken to court, the police report is the first piece of evidence a jury or judge will evaluate.  

Collecting Evidence From a Car Accident Scene

After getting medical assistance, collecting all the evidence you can is important. Taking pictures or video becomes a must. Insurance adjusters may tell you it is unnecessary since they will put it on the report. Do not listen to them. Just collect and store all the evidence you can.

When taking pictures or videos, pay special attention to license plates, road signaling, and the damage to yourself and your vehicle. Also, collect contact information, such as names, addresses, and telephone numbers of the other driver, passengers, and witnesses. 

Injuries a Victim Can Present After a Car Accident

When you were involved in an accident that was not your fault, you are at a high risk of getting severe and invalidating injuries. Your personal injury attorney will evaluate the circumstances of the crash and help you get compensation to cover all the medical expenses related to your loss.

Our attorneys have seen many injuries from car accidents throughout the years. These are some of the most common injuries that victims present:

• Whiplash
• Bone fractures
• Contusions
• Traumatic brain injuries
• Spinal cord injuries

Some of those injuries can be amazingly expensive to treat. For instance, spinal cord injuries require highly specialized equipment, medics, and sometimes, long and costly rehabilitation treatments. 

Your damages should be enough to cover any current medical bill, but also every expense related to your injuries in the future.  

Damages You Can Recover After an Accident

Insurance companies tend to underestimate damages whenever they can. However, a skillful attorney can negotiate on your behalf to get the amount you deserve. And if they are not willing to pay for your damages, a lawyer will present you with all your legal options.

Damages go way beyond ER services and medical expenses. Victims of road accidents can experience mental problems as a consequence of the accident, such as anxiety or depression. Some injuries can even alter someone’s personality or leave them incapacitated to enjoy life the way they used to. 

We have recovered some of these car accident damages for our clients: 

• Medical bills
• Rehabilitation therapy
• Loss of income
• Loss of earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Disability or disfigurement
• Loss of consortium
• Loss of enjoyment of life

However, these are not the only damages you can get. In rare circumstances, a grossly negligent or malicious party may be required to pay punitive damages as well.

Recovering Damages to Your Vehicle

Personal injuries are not the only damage you can claim after an accident. The responsible parties can also be held liable for the damages to your vehicle or other property in your vehicle that might’ve been damaged. A car accident attorney can help you obtain enough compensation to cover your vehicle’s repairs or the cost of a new one.

Insurance companies tend to underestimate the damages to your vehicle. Sometimes, they even argue that your vehicle was already damaged before the accident. Your attorney will help you prove your case and contact mechanical experts to evaluate the state of your car. 

Frequently Asked Questions After an Accident That Was Not Your Fault

You can make your case by presenting evidence through video recordings, pictures, police reports, or witness statements. Your car accident attorney can also put you in contact with mechanical experts or key witnesses. Learn more through our car accident FAQ.

• Will a Non-Fault Accident Affect My Insurance?
• Are There Things You Should Not Do or Say After a Car Crash?
• What Happens if the At-Fault Party Doesn’t Have Car Insurance?
• Should I Accept the Settlement an Insurance Adjuster Offers Me?
• Why Do Insurance Adjusters Ask for My Signature?

Will a Non-Fault Accident Affect My Insurance?

In most cases, being involved in a no-fault accident does not increase your rates. That is because the insurance company that must pay damages is the other driver’s. 

If you had no fault in the accident, your insurance company doesn’t have to put any money in. However, if you caused another accident previously, your insurance company could reevaluate your rates after this one. 

Are There Things You Should Not Do or Say After a Car Crash?

Yes, there are. Insurance adjusters may try to make you slip and accept some fault, so you should avoid saying any of these: 

• “I didn’t see them.” They can use this to claim lack of attention.
• “I accept that.” An unscrupulous insurance adjuster can argue this is your statement for accepting fault, their lowball offer, or any picture they’ve painted of the accident.
• “Yeah, I think it happened like that.” Never accept what you don’t know 100%. It is way better to just say, “I don’t remember.”
• “I don’t need a doctor.” You may feel that way, but many injuries manifest days or even weeks after an accident. Denying medical attention can hurt your case severely.
• “I’m not calling my lawyer.” Even if you think that, an attorney can make the difference between recovering damages and ending up paying them. 
•  “It was my fault.” Never say that to an insurance adjuster, or to a camera. It can dismiss your whole case.

What Happens if the At-Fault Party Doesn’t Have Car Insurance?

If the at-fault motorist offers to take care of your repairs without calling the police, it’s a good indication they don’t have car insurance coverage. We suggest you never make an agreement like that. 

When a driver is found liable but is uninsured or underinsured, you’ll have to receive compensation through your own insurance company. Alternatively, a lawyer can help you go after the at-fault driver’s paychecks or assets until your damages get covered.

Should I Accept the Settlement an Insurance Adjuster Offers Me?

Insurance companies tend to take advantage of the emotional moments people experience right after a crash. Sometimes, the amount they offer sounds okay at the moment, but not so much after you find out how much your injuries will cost. The best thing you can do is get an attorney who can help you negotiate a better deal. 

Why Do Insurance Adjusters Ask for My Signature?

Insurance adjusters (even those from your own insurance) sometimes make victims slip and admit part or the totality of the responsibility, even if it didn’t happen like that. Many fall for this because some people are still in shock after the accident. If asked to, refuse to sign anything without your lawyer present.

You Need an Attorney Even if It Was Not Your Fault

Recovering damages after a car accident can be difficult, mostly when the fault was on someone without insurance or with insufficient coverage. A car accident attorney from 1LAW will help you find the evidence you need to prove the fault was someone else’s.

Legal assistance is also the best way to ensure you recover the maximum possible damages to cover your loss, your medical bills, and any future therapy or treatment. Contact us and let us help you get the compensation you deserve.