Suffice it to say that a car accident is not pleasant. And it’s more frustrating when you know it wasn’t your fault. In those first chaotic moments, the frustration can make you overlook important steps that could protect you legally and financially down the line.
But remember that what you do immediately after a not at fault car accident
This guide will walk you through what to do in a car accident not at fault situation, detailing key actions to take right there at the scene and in the days that follow, to ensure you can effectively defend yourself.
Actions to Handle at the Crash Site
To protect your safety and create a good foundation for a car accident not at fault claim, it’s important to stay calm and take the following actions at the scene.
- Prioritize your safety. Check for injuries and call medical services (911). If possible, move the vehicle out of traffic to avoid further damage.
- Call the police. Report the accident to the police even if the damage seems minor.
- Exchange information. Collect the other driver’s information (name, contact info, insurance details, and license plate number). Also, obtain contact info of eyewitnesses.
- Document the scene. Take photos or make short videos of the accident.
What to Do in the Days Following a No-Fault Accident
To ensure your safety, strengthen your case, and be properly compensated, here’s what to do in the days following a not at-fault accident.
- Seek medical attention. Even if you feel fine, do not put off seeing a doctor. One reason for this is that some injuries from car accidents (like whiplash or internal trauma) can take days to show symptoms. Another reason is that a doctor visit helps document injuries and treatments. And such documentation can support your insurance claim and any potential legal action.
- Notify your insurer. Even when you’re not at fault and you’ll seek compensation through the at-fault driver’s insurance company, you should report the accident to your own insurance company. This is because, in a no-fault state like Kansas, your insurance company will cover your damages. And even in at-fault states like Missouri, your insurer can step in and work with the at-fault driver’s insurer to help facilitate your compensation.
- Keep track of expenses. Keep detailed records of all accident-related expenses (such as medical bills, vehicle repair costs, rental car fees, etc.).
- Seek legal advice. Don’t make the mistake of filing a claim without contacting not at fault car accident lawyers. Experienced car accident lawyers at Royce Injury Lawyers can help you navigate the car accident not at fault process better (by helping you file your claim, prove you weren’t at fault, and recover worthwhile compensation).
How to Prove Not at Fault in Car Accident
Even when not at fault in an accident, proving this can sometimes be problematic. For this, you should know how to dispute a car accident fault and show that you were not at fault. You’ll need the following to support your no-fault claim.
- Police reports
- Evidence that the other party violated traffic laws
- Evidence from the scene (such as the position of vehicles, skid marks, etc)
- Statements from eyewitnesses
Lawyer for Car Accident Not at Fault: When to Consult
Even when a car accident is clearly not your fault, recovering damages may not be simple, as insurance companies may challenge your version of events, offer low settlements, or refuse to pay altogether.
When involved in car accident not at fault situations seek legal advice immediately. Engaging a car accident not at fault lawyer
- Your no fault car accident claim is denied or delayed.
- You’ve suffered injuries.
- Fault is being disputed.
- You’re facing a complex case (with multi-vehicle accidents, rideshare or commercial drivers, or uninsured motorists).
- You’re being pressured to settle quickly.
If You’re Not at Fault in a Car Accident: Charting Your Next Steps
Being in a car accident when not at fault
And if things get complicated, remember that you don’t have to go it alone. Experienced no-fault car accident lawyers can help strengthen your case. With 65 years of combined experience, a deep understanding of local laws and the delay tactics of at-fault parties’ insurers, and a proven record of successfully landing worthwhile compensation, Royce Injury Lawyers is leading the personal injury claims field in Missouri and other states. Request a free consultation and see how a no-fault car accident lawyer can help you.
FAQs:
Must I notify my insurer after a collision if I’m not to blame?
Yes. Most policies require notifying your insurer even if you are not at fault in a car accident. In such cases, failure to do so can delay your claim or jeopardize your coverage.
What’s the deadline for submitting an accident claim?
Deadlines for submitting an accident claim vary from state to state. But it’s generally best to file a claim within 72 hours of the accident. Legally, a driver not at fault in an accident may have a few weeks or even months to file, but filing sooner can make your claim stronger.
What are my options if the at-fault driver lacks insurance?
If the at-fault driver lacks insurance, you can recover damages under your uninsured/underinsured motorist coverage. Another option is to pursue legal action.
Can I still pursue damages if I share some fault in the crash?
Under comparative negligence laws, you can still recover damages even if you’re partly at fault for a car accident. But your compensation is reduced by the percentage of your fault. In states like Missouri that use pure comparative negligence, you can recover damages even if you’re 99% at fault. But, in states like Kansas that use modified comparative negligence, you can only recover damages if you’re less than 50% (51% in some) at fault.
Will my premiums increase after an accident that wasn’t my fault?
Your premium shouldn’t increase if you got in a car accident not at fault
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