What To Do After A Car Accident That’s Not Your Fault?
By Ben Gobel on February 16, 2023
It can be shocking when you’re strictly following traffic laws but an irresponsible driver crashes into you. This inconvenience, fortunately, can be compensated for with the help of a car accident attorney. Instead of struggling with expensive damages, let your attorney analyze your case and help you get a settlement from the other driver’s insurance company.
An experienced attorney will be able to make sure that your rights are protected throughout the legal process and fight for any compensation or damages that you may be entitled to. Your lawyer can also help with negotiations and settlements with the other driver’s insurance company, and with navigating the complicated legal system. No matter what the situation is, you should always have an experienced attorney who can help protect your rights and ensure that any legal proceedings are fair and just. For more information, call Ogg, Murphy, & Perkosky Lawyers for a free consultation.
Steps To Take After a Car Accident
Car accidents can be scary and stressful. However, once you’ve been hit, you should immediately take action. Proper preparation will help you and your attorney obtain fair compensation from the other driver’s insurance company. Follow these steps:
Try To Remain Calm
After a car accident, remain calm to avoid making the situation worse.
Call 911
Call 911 in the event of a car accident. An ambulance and the police will be sent to your location at the accident scene. Even if there are no injuries, it is best to get a police report for future reference.
Check For Injuries
You should always check yourself, your passengers, and anyone else involved in the accident to ensure there are no serious injuries. Let the first responders know what injuries you have so they can take care of you.
Document Everything
Take pictures of all damaged vehicles and any other property that may have been affected by the accident. Write down a detailed description of what happened, including the time and location. You’ll want to get information about the at-fault driver’s insurer.
Notify Your Own Insurance Company
Contact your insurance company as soon as possible to report the accident. Be sure to provide all the information you have collected, such as pictures and witness contact information. Let your own insurance company know that you are not the at fault driver.
Seek Medical Treatment
Get medical treatment for any car accident injuries or conditions that may have been caused by the accident.
Hire an Attorney
A no-fault car accident can be a complicated and stressful process. Consider hiring a knowledgeable car accident attorney to help guide you through the legal system and ensure that your rights are protected.
Do’s and Don’ts after a Car Accident
To make sure you are properly taken care of after a car accident, follow these do’s and don’ts:
Do’s
- Be Level-Headed: Always remain calm and courteous to those involved. Doing this can help de-escalate a potentially volatile situation.
- Explain Details To The Police: Wait till the police arrive at the scene of the accident. This is important in case there are any injuries or legal disputes later on with the at-fault driver.
- Speak To Eyewitnesses: Get contact information from any witnesses who may have seen the accident occur. They can support your case against the at-fault driver.
- Never Exaggerate: Be honest in your police report. Provide accurate information to the police. You should be honest and not exaggerate any details so that the at-fault driver’s insurer takes you seriously.
- Notify Your Auto Insurance Company: Immediately inform your insurer of the accident and your role in it so they can help guide you through the process.
- Speak To An Attorney Before Settling: Don’t agree to a settlement without speaking with an experienced attorney first. Don’t let the other driver’s insurance company persuade you to settle for less.
- Get Medical Help Immediately: Seek medical attention as soon as possible to ensure that any injury or condition is taken care of.
Don’ts
- Don’t Leave The Scene Of The Accident: Leaving the scene can result in serious legal consequences.
- Don’t Admit Fault: Even if you think you might be partially at fault, it is best to not admit fault until an investigation is complete. The at-fault driver’s insurance may try to get you to admit culpability.
- Don’t Forget To Take Pictures: Make sure you take photos of the accident scene and any damage. Exchange contact information with witnesses and other involved parties for your insurance claim.
- Don’t Sign Anything Without Consulting Your Attorney: Be wary of any documents that may be presented to you after the accident and make sure you read them thoroughly before signing them. Let your car accident lawyer review them for you.
- Don’t Forget To Follow Up: Follow up with the insurance company, medical providers, and your car accident lawyer to ensure that your insurance claim is taken care of properly.
- Don’t Post On Social Media: Avoid posting about the accident on social media, as this can be used against you to reduce your car accident claim settlement.
- Don’t Forget To Seek Legal Help: If necessary, hire an experienced car accident legal professional to make sure your rights are protected throughout the legal process.
- Don’t Record a Statement For The Car Insurance Company: Talk with an attorney before giving a recorded statement to the insurance company.
- Don’t Ignore The Emotional Impact: A car accident can be a traumatic experience, so don’t forget to take care of your mental and emotional well-being as well. Write down any pain and suffering after the car accident occurs. Seek counseling or therapy if necessary.
Should I get a lawyer for a car accident that wasn’t my fault?
Even in a situation where you were not at fault for the accident, it is important to speak with an experienced accident attorney who can ensure that your rights are protected and that legal proceedings are fair and just. Don’t let the at-fault driver’s insurance company take advantaeg of you.
Your attorney will be able to navigate the complicated process of filing a claim and advise you on what steps to take to ensure that you receive the proper compensation from the other driver. Your attorney can also help you avoid any pitfalls or mistakes when dealing with insurance companies and other parties involved in the accident. Services that attorneys provide include:
Gathering Evidence
Attorneys are adept at researching and interviewing witnesses, gathering medical records, analyzing surveillance footage, and more.
Analyzing Legal Cases
Your attorney understands traffic law and can research relevant laws and statutes, interpret insurance policies, and explain negligence.
Keep On Top Of Your Case
An attorney can also help ensure that any claims are filed in a timely manner and that legal limits for filing the claim have not been exceeded.
Calculate Damages
Your legal team will be able to determine the amount of compensation that you may be entitled to and work to ensure that your rights are protected during negotiations. Your lawyer can also advise you on any legal options available and make sure that everything is resolved properly.
Determining Fault
During your case, your attorney will begin analyzing police reports and make sure all parties are accounted for.
Negotiate A Settlement
Your attorney will be working with insurance companies to obtain fair compensation.
Take Your Case To Court
If necessary, your attorney will represent you in court to seek justice and compensation.
How does insurance work when its not your fault?
When the auto accident is not your fault, the liable party’s insurance company will cover any damages and medical bills for you and anyone else injured in the accident. Depending on the specific circumstances of the accident, you may be able to receive compensation for lost wages, pain and suffering, or other damages related to the incident. Your attorney can help you understand your rights and determine what type of compensation you are entitled to. They can also advise you on how to proceed with filing a claim, as well as any additional legal steps that may be necessary. Ultimately, an experienced attorney can help ensure that all parties involved get the proper compensation for their damages.
Calculation Of Damages
There are economic and non-economic damages. Economic damages are calculated based on the costs of medical bills, lost wages, and property damage. The non-economic damages make up the majority of your settlement claim and usually take into account the pain and suffering caused by the accident. A supportive attorney can assess these damages accurately to ensure that you receive proper compensation.
How Pain And Suffering Is Calculated
When dealing with pain and suffering, your attorney will consider the severity of the injuries, how long recovery is expected to take, and any emotional distress that was caused by the accident.
The extent of these damages can vary greatly depending on the individual case, so it is important to have an experienced attorney evaluate your situation to ensure that you receive the maximum amount of compensation you are entitled to. They can also help negotiate with insurance companies to make sure that their settlement offers are fair.
A multiplier is used to calculate your pain and suffering damages. A multiplier is a number between 1 and 7, and sometimes more. The multiplier represents the severity of your injuries. This figure is multiplied by your economic damages to determine pain and suffering compensation.
Medical Bills
Items included in your compensation for medical bills can be broken down into different categories. Medical bills include the cost of any medical treatment that you may have needed due to your injuries, such as ambulance services, hospital visits and surgeries, doctor’s appointments, medications, rehabilitation, and long-term care. Your car accident attorney can help ensure that all applicable costs are taken into account when determining the overall compensation amount.
Lost Wages
When you are involved in a car accident, you may be unable to work for some time due to your injuries. Lost wages can include any income that was lost as a result of being unable to work, such as salaries, bonuses, overtime pay, and other benefits. Your attorney can help you calculate the exact amount of lost wages to make sure that you are properly compensated for your loss.
Property Damage
In addition to any medical bills or lost wages, property damage is also taken into account when calculating damages from a car accident. Property damage includes any damage to the vehicle and any personal items that may have been lost or destroyed in the accident. Your attorney can also help you determine how much compensation you are entitled to for your property damage.
Get Help From a Car Accident Attorney
Having an experienced attorney at your disposal can help ensure that you receive a fair and just outcome in any legal proceedings related to the accident. They will be able to negotiate with insurance companies on your behalf, make sure all claims are filed in a timely manner, and calculate damages accurately so you get properly compensated. When you try to obtain compensation on your own, you often go up against insurance giants who can be unfair. Speak to attorneys about your case to get fair representation. Our law firm works on a contingency fee basis so you don’t pay us until we win your settlement. Reach out to Ogg, Murphy, & Perkosky today for a free consultation.