Accidents can happen when you least expect them, and they are always stressful. When you’re involved in a car accident that was not your fault, the experience can be even more overwhelming. You might be left wondering what steps to take, how to handle the situation, and who is responsible for what. Taking the correct actions after the accident is crucial for your health, safety, and financial well-being.
To help, the experienced team at Clark Hartpence Law is sharing this informative overview to guide you through the aftermath of a car accident that was not your fault. This blog post provides comprehensive information on what to do after a car accident that was not your fault, explaining fault in car accidents, outlining actionable steps, and offering advice on what to avoid.
Understanding Fault in a Car Accident
Before diving into what to do after a car accident that was not your fault, it’s essential to understand how fault is determined. In most states, the party responsible for causing the accident, or the “at-fault” driver, is liable for the damages and injuries sustained. Fault can be determined by various factors such as traffic laws, eyewitness accounts, and the police report. It’s important to understand that the process isn’t always straightforward.
Comparative Negligence
In some states, fault can be shared between both drivers. This is known as comparative negligence. For example, if you were speeding and another driver ran a red light and hit you, both parties may share fault, and the damages would be allocated accordingly. Some states use “pure comparative negligence,” where you can recover damages even if you’re partially at fault, while others use a “modified comparative negligence” system, which limits recovery if you are more than 50% at fault.
No-Fault States
In “no-fault” states, including Florida, each driver’s insurance covers their medical expenses regardless of who caused the accident. But no-fault systems only cover injuries, not vehicle damage. Therefore, determining fault is still necessary for property damage claims.
Know What to Do After a Car Accident That Was Not Your Fault
Knowing what to do after a car accident that was not your fault can make all the difference in ensuring you get proper compensation and protection. Whether you find yourself in the minutes, hours, or days in the aftermath of the collision, knowing what to do is important. Below is a step-by-step guide on what to do after a car accident that was not your fault.
1. Ensure the Safety of Yourself and Others
Your first priority should be safety. If possible, move your car out of the road to prevent further accidents. Turn on your hazard lights to alert other drivers, and if necessary, set up flares or warning triangles. If anyone is injured, call 911 immediately to get medical assistance.
2. Call the Police
Even if the accident seems minor, it’s essential to involve law enforcement. A police report is a key document for determining fault and filing insurance claims. When the officers arrive, be sure to provide an accurate and detailed account of the accident. Ask for a copy of the police report or, at the very least, the report number.
3. Collect Information
Gathering as much information as possible from the scene is crucial. Ideally, here is the information that anyone involved in an accident should collect:
- Driver’s details: Get the name, address, phone number, driver’s license number, and insurance information of the other driver or drivers involved.
- Vehicle information: Record the make, model, color, and license plate number of all vehicles involved.
- Eyewitness details: If there are any witnesses, ask for their names and contact information.
- Photos and videos: Take pictures of the accident scene, including vehicle damage, road conditions, traffic signals, skid marks, and any visible injuries.
4. Seek Medical Attention
Even if you don’t feel injured immediately after the accident, it’s a good idea to get a medical evaluation. Some injuries, like whiplash or internal bleeding, do not develop immediately. Keep all medical records and receipts, as these will be important for your insurance claim or potential lawsuit.
5. Notify Your Insurance Company
You should report the accident to your insurance company as soon as possible, even if it wasn’t your fault. Some insurance policies require immediate reporting. Provide them with all the information you collected, including the police report number. Your insurer may also want to send an adjuster to inspect the damage.
6. Do Not Admit Fault
At the scene of the accident, it’s important not to admit fault. Even saying something as seemingly innocent as “I’m sorry” can be interpreted as admitting liability. Stick to the facts when talking to the police, other drivers, and insurance companies.
7. File a Claim With the Other Driver’s Insurance
Since the accident wasn’t your fault, you’ll likely file a claim with the at-fault driver’s insurance company. Provide them with all the details and evidence you collected. Be prepared for them to investigate the accident and possibly dispute the claim, which is where having a police report and other solid evidence comes in handy.
8. Document Everything
Keep a thorough record of all interactions related to the accident, including phone calls, emails, and any other communication with the insurance company, the other driver, witnesses, and law enforcement. Having clear documentation can help your case if any disputes arise.
Do’s and Don’ts After a Car Accident
Knowing what to do after a car accident that was not your fault is important, but understanding what not to do is equally crucial. Mistakes made at the scene or afterward can negatively impact your ability to recover damages.
Do’s
- Do cooperate with law enforcement and provide accurate information.
- Do gather evidence at the scene, including photos and witness contact information.
- Do seek medical attention, even if you feel fine at the moment.
- Do notify your insurance company promptly to avoid any policy issues.
- Do follow up on all medical treatments and keep detailed records of your expenses and injuries.
Don’ts
- Don’t admit fault at the scene, even if you think you were partially to blame.
- Don’t forget to document everything, including any injuries, vehicle damage, and communication with the insurance company.
- Don’t speak to the other driver’s insurance company before consulting with your own insurer or an attorney.
- Don’t accept the first settlement offer from the at-fault driver’s insurance company without reviewing the full extent of your damages and medical bills.
What to Do After a Car Accident That Was Not Your Fault — Questions
Car accidents always come with questions, and this can be particularly true in a collision that was not your fault. Here are a few commonly asked questions that people ask after an accident that was not their fault.
What If You Are Injured?
Florida is a “no-fault state,” which means under the law, every driver must have personal injury protection (PIP) coverage on their insurance policy to cover medical expenses regardless of who caused the accident. The bottom line is that if you were in an accident that was not your fault, your medical expenses will be covered.
This is why it is so critical to receive an immediate diagnosis for any car accident-related injuries. Not only does this help you get ahead of treatment and manage your pain, but it also establishes a medical record that ties your injuries directly to the car accident. Do not let concerns over coverage and finances stop you from seeing a doctor, it will be covered, especially if you did not cause the accident.
What If You Lose or Don’t Have Access to Your Vehicle?
After an accident, it is common for vehicles to either be totally damaged or require extensive repairs that take weeks or longer. Access to a rental car during this time is dependent on the specifics of your insurance policy. If you were not at fault, the other party’s insurance may also cover rental car expenses.
This is one area where working with an attorney can help streamline the process of negotiating with insurance companies to ensure you receive the compensation you deserve.
Who Pays Your Deductible?
In general, a driver who is not at fault does not have to pay the deductible for their auto insurance policy. If the other party accepts responsibility, all repair costs should be covered by their insurance. This is why it is so important not to say or do anything that could potentially be used against you by the other party.
Florida is a comparative negligence state. This means that both parties can be held partially liable for damages in proportion to their degree of fault. Admitting to anything at the scene of the accident or expressing any kind of responsibility could diminish the strength of your claim, including whether the other party’s insurance will accept responsibility.
How an Attorney Can Help
While you may be able to handle a minor accident on your own, working with an attorney can be invaluable for assisting with disputes about fault, severe injuries, or significant damages. Here’s how an attorney can help you with what to do after a car accident that was not your fault:
1. Investigating the Accident
An experienced car accident attorney can thoroughly investigate the circumstances of the accident. This includes gathering additional evidence, such as surveillance footage, expert testimony, and accident reconstruction to strengthen your case.
2. Handling the Insurance Company
Insurance companies are businesses, and their goal is to minimize payouts. Attorneys understand all of the tactics and methods insurance companies use to deny, dispute, and minimize claims. An attorney can negotiate with the insurance company on your behalf, ensuring that you receive the compensation you deserve. If the insurance company refuses to offer a fair settlement, your attorney can take the case to court.
3. Calculating Damages
An experienced attorney can help you calculate all the damages you may be entitled to, including medical bills, property damage, lost wages, and pain and suffering. Often, people accept a settlement that doesn’t fully cover all their expenses, especially future medical costs.
4. Navigating Comparative Negligence
If there’s a possibility that you may be found partially at fault for the accident, an attorney can help you navigate the complex laws surrounding comparative negligence and ensure that you receive a fair share of the compensation.
5. Representing You in Court
The majority of accident cases do not go to trial, but if it does, having an attorney to represent you is critical. Your attorney will work to present evidence, question witnesses, and advocate for your best interests.
While it can turn your life upside down, knowing what to do after a car accident that was not your fault can help you protect yourself and ensure that you’re fairly compensated. Always prioritize safety, gather as much information as possible, and consult with an attorney if the accident involves serious injuries or significant property damage. While the process may seem overwhelming, taking the right actions will save you time, money, and stress in the long run.
If You’ve Been in a Car Accident Contact Clark Hartpence Law Today for a Free Consultation
If you have been injured in a car accident, meet with an experienced personal injury lawyer to protect your rights and get the compensation you deserve. Contact Clark Hartpence Law today for a free consultation on your case. We are an experienced and knowledgeable legal team ready to support you during a difficult time.
If you or someone you love was involved in an accident, call us at (855) 680-4911 or schedule a free consultation.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.