PHOENIX PERSONAL INJURY LAWYER Car Accidents

PHOENIX PERSONAL INJURY LAWYER

  Car Accidents

What To Do After A Car Accident When Not At Fault

Vehicle accidents are distressing events, particularly if the crash isn't your fault. It is normal to be in shock, frightened, or in pain following a high-impact collision. Most people are also often uncertain of how to proceed.

If you say something you shouldn't or allow the other person to leave without providing you with their insurance details, you might just find yourself shelling out money that you shouldn't.

This is why it is vital to be familiar with the measures you should take after an accident that wasn't your fault. The steps outlined below will help you guard your interests, whether the other party leaves the accident scene, doesn't report the accident, or challenges your account of the incident.

Safety First

Before the finger-pointing begins, take a moment to check yourself. Were you hurt? Do you need medical attention? If not, check the other people involved in the accident. It is also advisable to remove both the vehicles off the road to avoid clogging traffic or, worse, cause another accident.

Turn on your vehicle's hazard lights, and if you own any warning devices, such as cones or flares, position them around the cars.

Don't drive away, though. Remember, leaving an accident scene is unlawful in every state. If the other party leaves the scene, remain there and report the incident.

Contact the Police Immediately

Whether you're involved in a severe accident or fender-bender, you must contact the police. When you talk to the police, offer the facts to the best of your capacity. If you don't know the answer to a certain question, just say so.

Don't attempt to work out compensation with the other party by yourself even if they don't want to involve the police or insurance company. You'll discover it's much safer to inform the responding officers of what truly happened and allow them to determine who's at fault in the report. If you aren't liable for the accident, an official statement will allow you to hold the other party accountable for repair costs and damages.

Keep in mind that your insurer will expect a copy of the report, and maintaining one will accelerate the claims process.

Obtain Necessary Information

If the other party is at fault, he or she should report the accident to his or her insurer. Don't be complacent, though. Ensure you contact their insurance company as well. Sometimes, motorists are unwilling to report accidents to their insurers. This is why it is vital to obtain the other driver's complete information at the scene.

Consider asking for the following details:

  • Other party's address and name
  • Contact information and statements from witnesses
  • Other party's insurer and policy information

Don't underestimate the need to take photos of the scene. You don't need fancy equipment, as most smartphone cameras will suffice. It's best to take pictures of both vehicles right after the accident but before moving them. If you have to shift for safety reasons, then take photographs of the damage to both cars.

All the evidence gathered at the accident scene will reinforce your position on the accident cause. Check whether your insurer has an app that can help document the crash while you're at the location. Some of the best insurers have apps that accompany an accident checklist and inform you how to collect information.

If you own a dashcam, make sure you locate and save any accident-related footage you have. This will be particularly valuable if the other party doesn't admit liability to their insurance company.

Be Mindful of What You Say

When addressing anybody at the scene of the accident, don't discuss fault. After the incident, the other party's insurer might contact you. If that's the case, be polite but cautious. Ensure you don't admit fault or give the impression that you're accepting any liability.

Beware that statements such as "I'm sorry" could easily be construed as proof of liability and possibly give the insurer leverage to reject a claim. Even if the driver diverts the blame to you, don't concur with their evaluation.

Avoid stating that you didn't sustain any injuries. Instead, you might want to say, "I don't believe I require instant health care at this time." A statement such as this conveys that you don't require immediate care, but it protects any future claims you might make.

Contact Your Insurer

Even if you aren't at fault, it's wise to contact your insurer. In most instances, the at-fault party's insurer will compensate you for property damage and your injuries. In other cases, your claim will help your insurer.

For instance, the other driver's insurance might later claim that you were liable for the accident. In these circumstances, your insurer will require your narration of the incident along with supporting proof to challenge the other insurer's rejection of liability.

Your insurer will give you essential information such as the coverage type you have for collisions, injury, medical expenses, and damages. You might also have an uninsured motorist policy you could use if the other party lacks insurance.

Based on the services you require, your insurer will cover medical bills and repairs, then collaborate with the at-fault driver's coverage to secure compensation. This solution will be stress-free for you since direct billing will go to your insurer and you won't have to communicate with the other party's insurer.

If you aren't at fault, you can file a 3rd party claim with the other person's insurer. In this case, their insurer will cover your auto repairs once it establishes that the driver is liable. The other insurer will also cover medical costs unless you reside in a no-fault state.

Seek Medical Attention

You must get a medical check-up following a vehicle accident, even if you don't experience any immediate pain or see injuries. Adrenaline released during a high-impact collision masks pain and other signs immediately after an accident.

It could be hours or days before symptoms, pain, and injuries emerge. Delayed presentation is typical for vehicle accident injuries such as concussions, whiplash, soft tissue injuries, or spinal damage. It's equally vital that you see a physician and undergo testing for fractures and internal injuries.

Remember, severe internal injuries such as swelling and bleeding can be life-threatening if you delay diagnosis and treatment.

You may want to avoid contacting your PCP or primary care physician following a vehicle accident as they lack the training to identify, treat, and diagnose auto crash injuries.

An incorrect injury diagnosis could delay suitable treatment and worsen your injuries. Contact a medical practice with experience and training to treat vehicle accident injuries to get an efficient treatment plan.

Bottom Line

If you're involved in an accident in which you aren't responsible, don't panic as you are now familiar with the measures you should take to secure deserved compensation.