A car accident can leave you injured and uncertain about what to do next, especially if you were not at fault. What happens right after an accident is critical for your health, safety, and ability to recover compensation. Knowing what to do after an accident that's not your fault is important. Here is a step-by-step guide on handling the situation effectively.
What to Do Immediately After an Accident
Your safety and well-being should be your top priority. Follow these steps immediately after a crash:
-
Check for injuries. Assess yourself and any passengers for injuries. If anyone is hurt, call 911 immediately.
-
Move to safety. If possible and safe, move your vehicle out of traffic to prevent further collisions.
-
Call the police. Even if the accident seems minor, you need an official report.
-
Seek medical attention. Some injuries do not appear right away. Always see a doctor as soon as possible.
After prioritizing health and safety concerns, these additional areas need attention:
-
Take photos. Take photos of the accident scene, vehicle damage, and visible injuries.
-
Exchange information. Get the other driver's name, contact details, and insurance information. If anyone saw the crash, get their contact information in case their statement is needed later.
Should I Talk to the Other Driver?
Yes, but keep your conversation brief and factual. Exchange contact and insurance details, but do not admit fault or apologize. A statement like "I did not see you coming" could be misinterpreted as an admission of liability.
Do I Have to Talk to the Other Driver's Insurance Company?
No. You are under no legal obligation to speak with the at-fault driver's insurance company. They aim to minimize their payout, which means they may twist your words or pressure you into accepting a low settlement. Instead, direct them to your attorney or your own insurance company.
Filing an Insurance Claim for an Accident You Didn't Cause
Many people confuse filing a claim with filing a lawsuit. Filing a claim means reporting the accident to the insurance company with the intent to receive compensation for damages. When you are injured in a crash and you hire an attorney, that attorney can handle the negotiations for compensation on your behalf. Anytime you are in an accident, you should promptly notify your insurer of the accident, even if you were not at fault.
Filing a lawsuit, on the other hand, is what your lawyer does when negotiations fail, or when you cannot reach an acceptable resolution for your claim.
Will My Car Insurance Go Up Even If the Crash Isn't My Fault?
Typically, no. Insurance companies should not raise your rates if you are not responsible for the accident. However, some insurers still increase premiums based on claim history, so it is worth reviewing your policy.
Types of Evidence That Can Prove You're Not at Fault
Proving fault is critical to recovering compensation. Useful evidence includes:
-
Police report – Officers document accident details and often determine who was at fault.
-
Traffic camera footage – Video evidence can clearly show what happened.
-
Witness statements – Bystanders can confirm your version of events.
-
Photos and videos – Images of the scene, vehicle damage, and injuries can be compelling evidence.
-
Accident reconstruction reports – Experts can analyze the crash to determine liability.
How Is Fault Determined in a Car Accident?
In Missouri, police officers at the scene usually determine fault based on witness statements, physical evidence, and applicable traffic laws. However, insurance adjusters also conduct their investigations, which may lead to disputes over liability.
When the Police Report Is Wrong
Police officers are not infallible, and their reports sometimes contain errors. If a report incorrectly places fault on you:
-
Gather additional evidence to challenge the findings.
-
Request an amendment to the report.
-
Consult an attorney to build a strong case for your claim.
Using Your Own Insurance After an Accident
There may be times when you need to use your own insurance to cover your losses:
-
Uninsured/Underinsured Motorist (UM/UIM) coverage helps if the other driver lacks sufficient insurance or any insurance. Every insurance company in the country offers some version of this insurance, but many drivers will seek to waive this coverage in exchange for lower premiums.
-
Medical Payments (MedPay) is an optional insurance that helps with medical costs associated with the accident. Anyone can use MedPay coverage, including passengers, driver, and even pedestrians or cyclists who were hurt. This coverage is not available in every state.
-
Personal Injury Protection (PIP) pays for medical expenses, lost wages, and other costs. Like MedPay, it is optional and it isn't offered in every state.
Should I Use My Health Insurance Instead of My Car Insurance?
If you can, yes. Health insurance can cover medical expenses without affecting your auto insurance rates, and often have better rates for treatment. Just remember that your health insurer may seek reimbursement from any settlement you receive.
If you have health insurance, it is often the easiest and most immediate way to handle medical bills, especially if your auto insurance claim is still pending. Many health insurance providers work directly with hospitals and doctors, so you may not have to pay out-of-pocket initially. This can prevent medical expenses from piling up while you wait for a settlement.
The best approach depends on your specific situation, so it is wise to review your health and auto insurance policies carefully and consult a lawyer if you have concerns about coverage options.
How to Avoid Unnecessary Delays in Your Claim: Dos and Don'ts
Delays in your claim can mean longer recovery times, financial stress, and unnecessary frustration. While some factors are out of your control, you can take steps to keep things moving smoothly.
DO:
-
Report the accident to your insurance company promptly. The sooner you report the crash, the faster your claim can be processed.
-
Seek medical attention and follow your doctor's recommendations. Even if you feel fine, injuries can take days to appear. Skipping medical care can weaken your claim.
-
Keep all documents, including medical bills and repair estimates. You will need these for your claim and any potential legal action.
-
Cooperate with your attorney to streamline the process. An experienced car accident lawyer or wrongful death attorney knows how to handle delays caused by insurers and can advocate for you.
DON'T:
-
Admit fault or speculate about the cause of the accident. Anything you say could be used against you later.
-
Sign anything from the at-fault driver's insurer without legal advice. Insurance companies are notorious for offering lowball settlements. Don't fall victim to that trap.
-
Delay medical treatment, as this can weaken your claim. Insurance adjusters look for gaps in treatment as an excuse to reduce your payout.
-
Accept a quick settlement that does not fully cover your damages. You may be entitled to more compensation than the initial offer provides. Speak with a lawyer before making any decisions.
Following these dos and don'ts can avoid unnecessary obstacles and improve your chances of a fair settlement.
Quick Questions About Car Accidents
What If the Other Driver Does Not Have Insurance?
If the at-fault driver is uninsured, you will need to file a claim with your Uninsured Motorist (UM) coverage, which helps cover medical expenses and damages.
Should I Accept the First Settlement Offer from the Insurance Company?
Insurance companies often start with low offers. Having a lawyer review any settlement before accepting is wise to ensure it covers all your damages.
What If I Feel Fine After the Accident?
Even if you feel okay, you should still see a doctor. Some injuries, like whiplash or internal damage, may not show symptoms immediately.
How Soon Should I Call a Lawyer?
As soon as possible. Every state has a statute of limitations for personal injury claims, and waiting too long can hurt your case. An attorney with a personal injury law firm can help preserve evidence, deal with insurance companies, and fight for maximum compensation.
Being involved in an accident that was not your fault can be frustrating and stressful. However, by taking the proper steps and seeking legal guidance, you can protect your rights and secure the compensation you deserve.
No hay comentarios.