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

When you get behind the wheel, you go out of your way to drive safely to help protect yourself and others on the road. Despite your caution, however, you might one day find yourself in a wrecked car on the side of the road.

In such cases, you may have to deal with the pain of an injury and associated costs, such as vehicle repairs, even though you were not responsible. In an instant, you may find yourself wondering what to do after a car accident not your fault.

If you’re asking this question, you’re not alone. Every day we talk to people like you who have suffered injuries from an accident that wasn’t their fault. And just like you, they are looking for answers about how to proceed. The good news is that we can provide the answers you need.

At Morgan & Morgan, our personal injury attorneys have been helping victims of car accidents travel the path of recovery for decades. We can guide you through the recovery process to help you get the compensation you need.

Want help recovering from a severe injury that isn’t your fault? Contact our law firm today to schedule a free case evaluation with an experienced car accident lawyer.

Does Fault Matter?

In most U.S. states, fault will affect how you receive compensation and the amount of money you are entitled to. There are also a few no-fault states where your insurance company pays you compensation regardless of who is responsible for the accident.

However, even in most of those states, if you were seriously injured, the other party was at fault, and they acted egregiously, you can obtain additional compensation. Thus, even if you get into an accident in a no-fault state, you should determine fault for the accident.

Furthermore, most insurance companies will only raise your rates if you are at fault in the accident. If the other party is responsible, your rates shouldn’t change.

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

The most crucial step to take after a car accident that is not your fault is to protect yourself. You are the victim in this scenario and deserve fair compensation for the harm you have suffered. However, just because you deserve to be compensated doesn’t mean you are certain to get the money you are owed.

Insurance companies lose money every time they pay compensation. Thus, their goal is to pay you as little money as possible, even if you have a legitimate claim. This means you must act carefully after an accident so that the insurer can’t underpay you.

Get Medical Attention No Matter What

To get proper compensation for your injuries, you need to prove their severity to the insurance company. The only way you can do that is through a medical evaluation. The sooner you are evaluated, the easier it will be to prove that your injuries occurred due to the accident.

It is also important to remember that many car accident injuries are more serious than they might first seem. If you avoid getting medical attention, your injury could worsen, potentially even becoming fatal. For the sake of your health, you should get treated as quickly as possible.

Finally, if you intentionally delay obtaining medical attention, the insurance company can use that to limit how much it pays you. It can argue that your condition was partly due to your failure to seek care as quickly as you could.

Report the Accident Immediately

As the victim in an accident, you want as much support for your claim as possible. One of the best sources of support is a police report confirming that the other party was at fault. However, you can only get that if you inform the authorities of the accident.

Not only is this good for your case, but it is also required by law in most states. If anyone was injured in a car accident, you should contact emergency services and report the crash.

The other driver might try to convince you not to report the accident, especially when they are at fault. They might worry about their license being revoked or about facing charges if they were doing something illegal. They might even offer you money to not report the accident. It is in your best interests to ignore them.

Contact a Morgan and Morgan Car Accident Attorney

The best way to protect your rights is to contact a car accident lawyer as quickly as possible. We will get started on your case the moment you get in touch with us to guide you through the process and help you avoid common pitfalls.

Once you are represented by a car accident attorney, you should inform all other parties that you have legal representation. If any party wants to speak to you about the accident, give them the contact information for Morgan & Morgan and ask them to direct all communications to us.

Avoid Talking About the Accident

Even if the other party is at fault, the insurance company could try to pin the fault on you. One of the primary ways insurers avoid paying what they owe is by claiming the other party was at fault. With both insurers pointing fingers at different drivers, no one is paid what they deserve.

You can’t prevent the insurance company from trying to blame you, but you can avoid accidentally giving it evidence that hurts your case. Every word you say can potentially be used against you.

The simplest way to avoid having your words used against you is to say nothing. Only say as much as is absolutely necessary, and never speak about the events that led to the accident or how the accident occurred.

This remains true even if a police officer requests an interview. In such cases, it is best to simply provide contact information and say you will speak to them when your attorney is present. Similarly, if an insurance company representative requests a statement, you should direct them to your lawyer. This is your right, and you shouldn’t give it up for any reason.

Collect Evidence

We will send someone to the accident scene to collect evidence as quickly as we can. But even if we send an investigator the moment you contact us, there will still be a delay.

You, however, are already at the accident scene and know best what happened. If you have a smartphone, you can take pictures of the following:

• Your injuries
• The accident scene
• Damage to all vehicles
• Contact information for all drivers and witnesses
• Identifying information for both cars (like license plates)
• The badge number of any responding police officers

Even if you don’t collect all the information we need to handle your case, this evidence will give us a head start. It may end up being evidence we don’t need to spend time collecting, or it could lead us to evidence that we need to support your case.

However, it is imperative that you only take this step if you can perform it safely. You shouldn’t risk entering traffic to get this evidence or delay going to the hospital.

How a Car Accident Lawyer From Morgan & Morgan Can Help

Experience is the key to obtaining the maximum compensation for a car accident that wasn’t your fault. The more familiar your attorney is with the accident claim process of the state you are in, the more money they are likely to get you.

The lawyers at our law firm have hundreds of years of combined experience. When we represent you, you get a team of highly knowledgeable and capable attorneys working on your side.

The most important way this experience matters is in determining the actual value of your case. Because we have worked on hundreds or thousands of previous car accident injury cases, we deeply understand how much these types of injuries are worth. That means we can accurately determine the following:

• How long you will be in treatment
• How much work you will miss
• What types of doctors and treatments you will need
• What kinds of assistance services and equipment you will require
• Other expenses that are likely to arise due to your injury

We aren’t just guessing. After years of working on similar cases, we have statistics and records that we can use to make highly accurate predictions.

Even if we know these details, the insurance company might not. That is why we are also skilled at finding and presenting evidence that proves our assertions. Before we negotiate for a fair settlement with the insurance company, we have a mountain of evidence that indisputably proves that you deserve the money we are asking for.

What Should I Do if My Insurance Company Tries to Raise My Rates After an Accident That’s Not My Fault?

If this happens, inform your lawyer immediately. Most insurance policies have rules that prevent your rates from being increased after an accident that isn’t your fault. Some of those rules are dictated by state law. If you are protected, we’ll advise the insurance company to rescind the decision and will act appropriately if they don’t.

Which Insurance Company Should I File a Claim With?

Even though you aren’t at fault, filing your initial claim with your insurance company is typically a good idea. If you were in a no-fault state, your insurance pays for the claim anyway. And if you aren’t, there is no harm in initially claiming with your insurer. Eventually, your attorney will work out who should be paying your compensation.

If I Get into an Accident While in Another State, Which Fault Rules Apply?

You must abide by the fault rules of the state where you get into an accident rather than the state you live in. While this may make the case more confusing for you, don’t worry. Your attorney understands the laws of the state where the accident occurred and will defend your rights to the fullest extent.

This is part of the reason you want Morgan and Morgan to represent you during a car accident case. We have lawyers in every state in the country. The attorneys assigned to your case live and work where the accident occurred, but you can speak to lawyers near where you live to get updates about the progress of your case.

Experienced Car Accident Attorneys With an Excellent Record of Success

If you suffered an injury in a car accident that wasn’t your fault, you deserve to get as much compensation for your pain as the law allows. Our law firm has been successfully obtaining compensation for clients like you for decades.

Learn more by contacting us today to schedule a free case evaluation.