What to Do After a Car Accident That's Not Your Fault

Did you know that, according to research, most car accident survivors experience acute Post-Traumatic Stress Disorder? And that, for days after the incident, a vast majority of them feel “shell-shocked” – similar to what soldiers in the field have documented? It’s important to come to grips with that because, in those hours after the crash, scuffle, or near-death experience, you’re on autopilot – and in many cases, particularly when you’re not to blame or at fault, things get confusing. 

Your rights might be lost in that chaotic maelstrom. Understanding your rights and taking the proper steps can help you get the compensation you deserve. This guide will provide you with essential information about the important steps to take after an accident that was not your fault.

What to Do After an Incident – Car Accident That’s Not Your Fault

The first things you should do following a no-fault accident. Following a car accident that wasn’t your fault, there are several immediate steps you should take to protect your rights and ensure a smooth claims process. First, prioritize safety by moving your vehicle to a safe location, if possible, and check for injuries among yourself and others involved in the accident. 

If anyone is injured, call emergency services immediately. Next, contact the police to report the accident and obtain a police report, which will be crucial for your insurance claim. Finally, seek medical attention promptly, even if you feel okay, as injuries may not manifest immediately.

How to Gather Evidence and Protect Your Rights

While waiting for the police, exchange contact and insurance information with the other driver(s) involved. Take photos of the damage to both vehicles, the accident scene, and any visible injuries. Gather information from the other driver, including their name, contact information, and insurance details. If there are witnesses, collect their names and contact information as well.

Does Your Car Insurance Go Up If the Accident Is Not Your Fault?

Understanding Insurance Premium Increases

While it might seem counterintuitive, your car insurance rates could potentially increase even if you weren’t at fault for an accident. This is because insurance companies consider various factors when calculating premiums, and a claim, even a non-fault one, can influence their risk assessment.

When Your Rates Might Be Affected

• Claims History: Even if you weren’t at fault, insurance companies can see filing a claim as a risk factor. A higher number of claims, regardless of fault, can lead to increased premiums.

• State Laws: Some states have laws that prevent insurance companies from raising rates after a no-fault accident. However, others may allow for rate increases.

• Insurance Company Policies: Each insurance company has its own underwriting guidelines. Some may be more lenient than others when it comes to no-fault accidents.

• Severity of the Accident: A severe accident, even if you weren’t at fault, can still impact your rates. Insurance companies may view it as a higher risk.

Who Pays for a Car Accident That’s Not Your Fault?

Who Is Financially Responsible in a No-Fault Accident

In most cases, the at-fault driver’s insurance company is responsible for covering the costs of the accident. This includes damages to your vehicle, medical expenses, lost wages, and other related expenses.

How Insurance and Liability Work in These Situations

• At-Fault Driver’s Insurance: The at-fault driver’s insurance policy is usually responsible for covering the damages resulting from the accident, including property damage, medical expenses, and other losses incurred by the other party.

• Liability Determination: Insurance companies investigate the accident to determine liability. If it is established that the other driver was at fault, their insurance company should compensate you for your losses.

• No-Fault States: In some states with no-fault insurance laws, each driver’s insurance typically pays for their own medical expenses, regardless of who was at fault. However, you may still be able to pursue a claim against the at-fault driver for additional damages.

• Uninsured or Underinsured Motorist Coverage: If the at-fault driver does not have insurance or their policy limits are insufficient to cover your damages, you may be able to rely on your own uninsured or underinsured motorist coverage to make up the difference.

• Subrogation: If your insurance company pays for damages initially, they may seek reimbursement from the at-fault driver’s insurance through a process known as subrogation.

• Legal Recourse: If the at-fault driver’s insurance company disputes liability or fails to offer a fair settlement, you may consider taking legal action by filing a personal injury lawsuit to recover compensation for your losses.

Working With an Attorney When the Accident Is Not Your Fault

When to Hire an Attorney in a No-Fault Accident

• Complex Injuries: If you’ve suffered serious injuries, an attorney can help you understand the full extent of your damages and ensure you receive fair compensation.

• Disputes with Insurance Companies: If you’re facing difficulties in dealing with insurance companies, an attorney can advocate on your behalf and negotiate a fair settlement.

• Significant Property Damage: If your vehicle or other property has been significantly damaged, an attorney can help you assess the value of the damage and negotiate with insurance adjusters.

• Multiple Parties Involved: If there are multiple parties involved in the accident, an attorney can help you understand the complexities of the case and protect your rights.

How Will They Help?

• Investigating the Accident: They can gather evidence, interview witnesses, and consult with experts to build a strong case.

• Communicating with Insurance Companies: They can handle all communication with insurance adjusters, ensuring your rights are protected.

• Negotiating a Settlement: They can negotiate with insurance companies to obtain a fair settlement for your damages.

• Filing a Lawsuit: If a settlement cannot be reached, they can file a lawsuit on your behalf and represent you in court.

• Providing Legal Advice: They can provide guidance on legal matters, such as deadlines, evidence, and potential outcomes.

It Wasn’t Your Fault, But Now It’s Your Responsibility

Following the correct steps after a car accident that wasn’t your fault is crucial to protecting your rights and securing the compensation you deserve. By prioritizing safety, documenting the accident scene, seeking medical attention, and consulting with a qualified attorney, you can navigate the complex legal process with confidence. Remember, time is of the essence, so act promptly. Don’t hesitate to seek legal advice to understand your options and ensure you receive the justice you deserve.