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

Dealing with a car crash is hard enough in any situation. It’s even worse when you know the crash wasn’t your fault. You might be wondering what to do and how to handle the new, unexpected costs. If you were not at fault for a car accident in a fault state like Georgia, you should not have to pay for your damages.

Here’s what you need to know to increase your chances of obtaining full compensation:

• Get out of harm’s way
• Check for injuries
• Call the police
• Gather information at the car accident scene
• Report the crash to your insurance company
• Understand insurance coverage
• Get medical treatment
• Contact a car accident lawyer

In almost every situation, you should take the following steps after a crash. Even when the law is on your side, you’ll need to protect your rights. This is true whether you were at fault or not. However, it’s especially important when making a third-party insurance claim with the other driver’s insurer. An experienced car accident lawyer in Atlanta will guide you through the next steps.

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.

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.

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. If possible, 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 safe, you can focus on assessing the situation and exchanging information with the other parties involved.

Check for Injuries

A car accident is stressful, so remember to breathe. Then, check on those involved, including yourself. If you have injuries that are severe or life-threatening, get 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 vehicles. Preserving the accident scene is important, too.

Call the Police

The laws on reporting an accident vary slightly by state, but fleeing an accident scene is a crime everywhere. Not staying at the scene and calling the police can result in severe legal consequences, including fines and imprisonment.

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. This leaves very few instances where you would not need to report an accident. So, call 911 and tell the police what happened. 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. This is a very valuable document to 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.

Gather Information

If police come to the scene, they will get information from both you and the other driver(s). However, it’s a good idea to do this yourself, as well. Having a detailed set of information will support your account of the events and speed up the investigation.

Gather the following information:

• Name, phone number, and address of all drivers
• Insurance company name and policy number for all drivers
• Pictures of the accident scene, injuries, and vehicle damage
• Contact information from any witnesses

The at-fault driver is responsible for reporting a car accident to their insurance company. Unfortunately, not everyone follows the law. 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.

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 of the costs of the accident. But the situation is rarely that cut and dry.

Insurance companies are for-profit businesses looking to reduce their bottom line. You may get pushback from the at-fault driver’s insurer. They may:

• Offer you a much lower settlement amount
• Try to blame you for the accident in whole or in part
• Deny your claim altogether

To protect yourself, tell your insurance company about the accident. At the very least, it will establish good faith with them and alert them in case the other driver’s insurer denies all responsibility for your accident. If you are worried about doing or saying the wrong thing, a car accident lawyer can guide you through the auto insurance claims process.

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.

It’s very important that 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.

Understand Insurance Coverage

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

As of 2024, the minimum liability coverage 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 case they cause an accident. Failure to maintain the mandatory insurance coverage can lead to penalties such as 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 individuals injured. Property damage liability covers the cost of repairing or replacing vehicles or other property damaged in an accident.

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 damages.

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.

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:

• Whiplash
• 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 show the insurance company that your injuries are serious enough to need 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 to 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 negotiate with the insurance company for a higher settlement amount. Most car accident cases are resolved at this stage. In some cases, the insurance company may continue to deny coverage or 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.

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.

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

If you were in a car accident you didn’t cause, you probably have questions and concerns. At John Foy & Associates, we understand this. 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!