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

After an accident that’s not your fault, you should contact the police, seek immediate medical care, gather as much evidence as possible from the accident scene, and reach out to an Atlanta car accident lawyer for help.

Taking the above steps can improve your chances of getting fair compensation for your losses after a collision. Your attorney can provide more information about what to do after a car crash that’s not your fault.  

Make Sure You Are Out of Harm’s Way

After a car crash, your priority should be to ensure that you are out of harm’s way. Move to a safe location away from traffic, such as the shoulder of the road or a nearby sidewalk. Turn on your hazard lights to alert other drivers of the incident and your presence.

Staying in a safe location reduces the risk of further injury from oncoming traffic or additional collisions. Once you are secure, you can focus on assessing the situation and exchanging information with the other parties involved.

You must remain at the scene of the crash to avoid hit-and-run accusations.

Check for Injuries

Check on those involved in the crash, including yourself. If you have severe or life-threatening injuries, seek immediate medical attention. The same goes for all other drivers and passengers.

Also, make sure everyone is out of the way to prevent further damage. If the vehicles are in the middle of the roadway, move them out of traffic if you can. Otherwise, don’t mess with the location of the cars. Preserving the accident scene is important, too.

Call the Police

In Georgia, you must call the police department immediately if there is:

• A car accident in a city that requires a crash report
• An injury or death
• Property damage worth more than $500

You will also need to report the accident if your insurance company requires it. So, call 911 and report the incident to the police. If the other driver flees the scene, they have committed a hit-and-run, and you will still need to report the crash.

The police officer at the scene will write up a police report, which can strengthen your claim. The primary purpose of a police report is to document the details of an incident for legal and insurance purposes. In the context of a car accident, the report can play a crucial role in determining fault and liability.

A lawyer will know how to get a police report for a car accident in Atlanta.

Collect Evidence if Possible

The police can gather evidence after an accident, but it’s important that you also gather as much information as possible after a collision. Having a detailed set of information will support your account of the events and speed up the investigation.

You can strengthen your claim for compensation by getting:

• Names and contact information from everyone involved in the crash and eyewitnesses
• Insurance information from everyone involved in the collision
• Pictures of your injuries, the damage to your vehicle, and the accident scene

Gathering information yourself helps prove the collision happened and documents the resulting damage. Plus, you will need it to file a personal injury claim with the at-fault driver’s insurance.

Your car accident attorney can perform a more in-depth investigation while you recover.

Report the Car Accident to Your Insurance Company

If you had no fault at all in the car accident, the other driver’s insurance company should be liable for your damages. You should be compensated for all the costs associated with the accident. However, the situation is rarely that straightforward.

Fortunately, you can rely on an automobile accident lawyer to assist with all matters involving the insurance company.

Be Wary of the Insurance Company

Be careful what you say and do after the accident. As soon as the accident is reported, the other driver’s insurance company will begin investigating. They may come to the accident scene or try to contact you.

Do not admit any blame or give any written or recorded statements to the insurance company. They may use anything you say against you later. It’s best to have a car accident lawyer already, so you can direct all communication to them.

Your lawyer can also explain what you do after a car accident that isn’t your fault. 

Get Medical Treatment

Once you leave the scene, see a doctor as soon as you can—even if you feel okay. Some car accident injuries, such as whiplash, take time to develop. You might not feel them right away, but a checkup by a doctor can ensure proactive treatment.

Common injuries after a car accident include:

• Concussions
• Broken bones
• Spinal cord injuries
• Cuts and bruises
• Internal bleeding
• Traumatic brain injuries
• Soft tissue injuries
• Burns
• Knee and leg injuries

Seeing a doctor will also demonstrate to the insurance company that your injuries are serious enough to require attention. They are more likely to compensate you for damages that have clear evidence.

Contact a Car Accident Lawyer

In a best-case scenario, the other driver’s insurance company covers all your damages. Sadly, it’s far more likely you will receive a lowball counteroffer and have to fight for your rights to full compensation. This is where a car accident lawyer is invaluable.

An experienced lawyer will know how to negotiate a higher auto accident settlement. Most car accident cases are resolved at this stage. In some cases, the insurance company may continue to deny coverage or offer a higher settlement. You may choose to sue the company for the recovery you deserve.

In either situation, your personal injury attorney can help improve the outcome of your case. They will know how to communicate with the insurance company on your behalf and fight for full compensation. An attorney will give you more information about what to do after a car accident that’s not your fault.

Understand Insurance Coverage

All states in the US have legal requirements regarding auto insurance. For example, Georgia auto insurance regulations require all drivers to carry minimum liability coverage to operate a vehicle legally.

As of 2024, the auto insurance requirements include:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident
• $25,000 for property damage liability

These limits ensure that drivers are financially responsible in the event of an accident. Failure to maintain mandatory insurance coverage can result in penalties, including fines, license suspension, and vehicle registration suspension.

Your insurance policy details what types of accidents and damages it covers, which can vary widely depending on the type of coverage you have purchased.

Liability Insurance

This insurance typically covers two main types of liabilities in an accident for which the insured driver is at fault: bodily injury liability and property damage liability. Bodily injury liability helps pay for the medical expenses of injury victims. Property damage liability covers the cost of repairing or replacing property damaged in an accident, including vehicles.

Liability insurance does not cover the insured driver’s own medical expenses or vehicle damage; for that, additional types of coverage, such as collision and comprehensive insurance, may be necessary.

Collision Coverage

Collision coverage is a type of auto insurance that helps pay for repairs to your vehicle if it’s damaged in a collision with another vehicle or object, regardless of who is at fault. This coverage is designed to protect your car from the costs associated with repairing or replacing it due to damage.

This type of coverage is typically optional, unlike liability insurance, which is mandatory in most states, but it may be required if you lease or finance your vehicle.

When you file a claim under collision coverage, you’ll generally need to pay a deductible, which is the amount you contribute out-of-pocket, before your insurance coverage kicks in. The insurance company will then cover the remaining costs up to the actual cash value (ACV) of your vehicle, which is its value at the time of the accident minus depreciation.

Uninsured and Underinsured Motorist Coverage

Uninsured and underinsured motorist coverage (UM/UIM) protects you if you’re involved in an accident with a driver who either has no insurance (uninsured) or insufficient insurance coverage to fully compensate you for your injuries and damages (underinsured).

UM/UIM coverage typically applies to bodily injury and sometimes to property damage as well, depending on the state and policy terms. In states where it’s mandatory, UM/UIM coverage helps cover medical expenses, lost wages, and other costs resulting from the accident. 

This type of coverage also extends to hit-and-run accidents where the at-fault driver cannot be identified.

How Do You Know That the Car Accident Was Not Your Fault?

If you were involved in a collision, it is natural to feel confused and unsure of what to do next. After a few deep breaths, take a moment to evaluate the situation. Understanding how fault is determined will help protect the value of your claim.

The Definition of Fault in Car Crashes

Fault refers to the responsibility for causing the accident. It is determined by assessing which driver acted negligently or violated traffic laws, leading to the collision. Determining fault is not always easy, as multiple factors can cause a crash.

Factors considered while determining fault include speeding, distracted driving, running red lights, or failing to yield. Your car accident lawyer will rely on a wide range of evidence, including police reports, witness statements, and video footage, to establish who is responsible.

A lawyer can determine fault for your crash and explain what to do after a car accident that isn’t your fault.

Why Is Establishing Fault Important?

Establishing fault determines who is legally responsible for the damages and injuries resulting from a car accident. This determination impacts who pays for medical bills, vehicle repairs, and other related costs. In some states, fault can be shared between drivers, affecting the amount of compensation each party can receive.

In insurance claims, the at-fault party’s insurance company is typically responsible for covering these expenses. Establishing fault is also essential in legal proceedings, as it can influence the outcome of a lawsuit and the amount of compensation awarded.

Why Hire a Car Accident Attorney?

Hiring a lawyer to handle your accident claim after a crash caused by someone else’s negligence can improve your chances of getting fair compensation for all of your losses. An attorney can explain what to do after a collision that’s not your fault, and:

Evaluate Your Options for Compensation

Most car accident cases are resolved through a settlement offer from the insurance company. Trust your car accident attorney to present a strong case and negotiate for maximum settlement. If claim adjusters refuse to be reasonable, your attorney can continue the fight in court.

You can also pursue a personal injury lawsuit if the accident resulted in significant injuries and damage that exceeds policy limits. This legal process involves proving the negligence or fault of the other party and seeking damages. A judge or jury will decide your case and determine the appropriate compensation.

Handle the Insurance Company

The insurance company wants to protect its bottom line after a crash. These companies are not on your side, and they will do everything possible to minimize the money they have to pay you for your losses.

In many cases, these companies try to push injury victims into taking a subpar settlement. They may deny your claim or even try to blame you for the crash. Fortunately, you can rely on your attorney to protect you from these bad faith practices.

Investigate What Happened

Your attorney will dig into the facts about the causes of your motor vehicle collision. Gathering additional evidence can bolster your claim. Your lawyer may:

• Get a copy of the police accident report
• Take official witness statements
• Collect video surveillance from local businesses

An experienced attorney can establish fault, allowing you to get the money you need to move forward after a crash caused by a drunk driver, distracted driver, or aggressive driver.

Track Your Losses

Your personal injury lawyer in Atlanta can keep a record of all the losses you sustain in an accident. Depending on your situation, you may qualify for money to pay for your:

• Medical expenses
• Lost wages and reduced earning potential
• Emotional distress and mental anguish
• Property repairs

You can rely on a skilled and experienced attorney to help you secure maximum compensation from the negligent driver.

Help You Avoid Mistakes

Your attorney can help you avoid common mistakes that could prevent you from securing a fair settlement for your losses. For example, your lawyer may advise you to avoid posting on social media after your crash.

You should also avoid providing the insurance company with a recorded statement until you’ve discussed the situation with your lawyer.

Resolve Your Claim

Finally, you can rely on an experienced car accident lawyer to take immediate steps to resolve your claim, potentially bringing you the compensation you need to make a full recovery.

An attorney could resolve your claim with a settlement from the insurance company or by filing a lawsuit against the liable party. Find out more about what to do after a car accident that’s not your fault and how to get the money you need from a lawyer.

Talk to a Personal Injury Attorney About Your Car Accident Claim for Free

A lawyer can explain what to do after a car accident that’s not your fault. At John Foy & Associates, we understand your situation and want to help. That’s why we always offer a FREE consultation call to discuss your case. We have been representing car accident victims for more than 20 years, and we know what it takes to win cases.

To start the process today, call us or contact us online. We can help you decide on the best course of action based on your situation. Plus, if you decide to work with us, it’s risk-free. We don’t get paid unless we win you money!