What To Do After A Car Accident Not Your Fault

What To Do After A Car Accident Not Your Fault

Find out what to do after a car accident, when it was not your fault.

Although no one expects to be in a car accident, an accident can happen any day. There have been 37,150 fatalities resulting from car accidents since 2017, according to the U.S. Department of Transportation. Even when you drive safely and keep your car well-maintained, there is a chance that you might still be in an accident. Granted, you need to be prepared by knowing what to do in case you are in an accident, and you are not to blame. 

For starters, the law does not allow you to flee from the accident scene. You need to stay where you are until the police arrive to assess the scene. Even if the other driver speeds away, you still need to remain at the scene and report the accident. You need to stay calm and try to remember everything that happened.  If you have a book and pen in your glove compartment, record the details of the accident as you wait for the police – your memory might fail, but the notes will remain. Once you do that, follow the steps below:

Call the Police 

Regardless of the nature of the accident, you need to call 911. The record from the police will help you speed up your insurance claim. Talking to the police and recounting what happened will help bolster your car and process insurance claims fast. If the accident occurred in the middle of the road, move your car out of the flow of traffic. Otherwise, turn on the car hazard lights and stay in the car. If there were passengers in your vehicle at the time of the accident, they should remain there too. 

If the damages to either of the vehicles do not exceed $1000 and no one has been injured, you do not have to call the police. However, if you cannot settle with the other driver, you better call the police.

Exchange Information with the Other Driver

You need to collect the other driver’s information as their insurance details may become imperative when your insurance doesn’t cover all medical bills and car repairs. Even if the accident was minor, you still need to get the details of the other driver, including:

  • Their name address
  • Contact details 
  • Contact details of their insurance provider and the policy number
  • Driver license and plate number

These details are important when making your insurance claim and can also help your injury attorney if you hire one. 

Collect Witness Information and Photograph the Scene

In almost all accident scenes, some witnesses can help you support the claim that the accident was not your fault. If you do not collect their contact details, they will disappear, and you will not have someone supporting your claim. Collect the badge number of the officers who arrive at the scene and the contact information for the ambulance service that comes to the scene. You should avoid talking to any other person about the accident except the medical professionals and the police. Once you collect details from the other driver, avoid talking to them too. 

Once you have all the details you need, take photos of the scene. Photos or videos are important whether the police show up or they don’t. When taking the photos, consider capturing the environment, skid marks, the weather, damages to cars, car license plates, injuries to you, and the overall scene. These details will help you if you decide to hire an injury lawyer, and you are sure the accident was not your fault. 

Follow Up 

It is not uncommon for law enforcement to fail to show up in accident scenes, especially when there are no injuries. If such happens, you will need to file a report with the Department of Motor Vehicles so that there is a paper trail. This is necessary when damages exceed $1000, or someone has been injured. 

After following up, you need to visit your primary care physician for a checkup. Whether you are feeling pain or not, you need to see a physician to ensure you are okay. 

New York’s No-Fault Insurance Program 

The no-fault automobile insurance covers you for injuries you sustain from an accident as long as you were not intoxicated and you did not engage in criminal behavior. Regardless of who is at fault, your insurance company needs to pay for the damages as the policy stipulates. With the no-fault insurance program, you do not need to rely on the other driver’s insurance company to pay your medical bills and the associated damages. You only need to call your insurance provider and claim compensation. 

To claim no-fault benefits, you need to file a report within 30 days. The carrier will then investigate the matter. An adjuster might require that you provide:

  • Photos of your car
  • A police report
  • Contacts of the other driver(s)
  • An estimate of the vehicle damages
  • Contact details of witnesses

Hire an Injury Attorney

There might be complex legal issues, especially where injuries are involved. If you cannot settle with your insurance provider or the other driver, and you need to take legal action, call an injury attorney immediately. The attorney will evaluate your accident claim and advise you accordingly. 

Get Treatment from a Car Accident Doctor

Injuries are not something to take lightly. If you were injured in a vehicle crash, come visit our NYC-based car accident doctors.