A car accident can happen anyone at any time: Going to work, hold a warm cup of coffee in one hand. Suddenly you hear creaking of steel as your neck jerks back and forth. But it’s not your fault.
The driver behind you hit the back of your car, possibly while checking or writing a text message, or while changing radio stations.
A car accident is not your fault, but you still have one more item on your schedule.
What should you do?
A traffic accident has never been pleasant, but the following information will help you achieve the best possible outcome.
What to do after a car accident if it’s not your fault: First steps #
Many of the steps you take when a car accident is not your fault are the same no matter who is at fault.
But there are some things you can do to protect your interests in the event that the other party leaves the scene of the accident, fails to report the accident, contradicts your assessment of the event, or cooperates otherwise.
Immediately after the accident #
First of all, after a car accident, take a deep breath and stay calm. If you are injured, contact your doctor immediately (record your injuries if necessary).
Check with all those who have been with you and those who may have been involved in the accident. Help those in need of an ambulance, but do not move the injured person apart unless absolutely necessary for their safety.
If possible, be sure to move vehicles from traffic to the other end of the road; you do not want to cause unnecessary downtime or another collision.
Gather information #
If this is clearly the fault of another driver, such as a rear-end collision, then he or she is responsible for reporting the accident to their insurer.
But don’t just assume that the other driver will take care of it;
Leaving the scene of an accident is a crime, but only if there is evidence of a crime. Therefore, you want to collect the following information:
- The name, address and telephone number of the other driver
- The name of the insurance and the policy number of the other driver
- Witness statements and their contact information (if applicable)
- Photos of the location (including other driver’s license plates) and the location of the impact
- Consider calling the police
Even if it is not clear to you that you may have contributed to the accident. Gathering the information above will help you resolve the case. If there are physical injuries (whether you, another driver or passenger), or significant damage, call the police.
A police report could give you the edge to confirm your version of events or when you reach a settlement.
After a car accident: what to do when you get home #
Assuming you have not sustained serious injuries, you will need to take care of some additional steps after you get home (or the next morning, but as soon as possible).
If you have injuries from an accident, be sure to keep detailed (and permanent) notes.
At best, the other driver will report the accident to your insurer, and the insurance company will pay you damages to your car and any medical expenses.
Contact your own insurance company #
Traffic accidents often happen in the blink of an eye, which means you may not have the full picture of the events leading up to the collision. And that you may have been wrong, at least in part.
Also, there may be times when another insurance company denies liability. In either case, your appropriate company needs to know, then it will either initiate proceedings against another insurer or initiate a collision claim for your vehicle.
And by proactively contacting your insurance company, no matter what the fault, you establish a well-intentioned effort to report the accident.
Consider Suing another driver’s insurance company #
In most cases, the other driver’s insurance company will take care of the damage. But it is possible, especially in the absence of a police report, to cross over to their policyholder and refuse to pay you compensation.
In this case, your insurance company may cover your damages, sue another company, or try to reach a settlement that will suit everyone. But you always have the ability to hire a lawyer and sue another driver’s insurance company yourself.
Have a lawyer evaluate your claim from a car accident #
Now that you know what to do after a car accident that you are not guilty of, you may have additional questions about legal options.
A lawyer can help you decide what action to take if the case is not easily resolved.
If you have any other questions related to car accidents, please don’t hesitate to reach out to us at 314-352-6800
and we’d be glad to answer any other questions that you may have.
Thank you very much and you have a wonderful and safe day.
Bajric & Ramic Law Office
Nedim Ramic – Auto Accident Lawyer – Personal Injury Attorney