Being involved in a car crash can be a terrifying and devastating experience, regardless of who was at fault. If you find yourself in a car crash that was not your fault, it is crucial to stay calm and take appropriate actions to ensure your health and safety, protect your rights, and navigate the aftermath. This is a guide of the steps you should take if you are involved in a car crash where the other party is at fault.
- Check for Injuries: Assess yourself and your passengers for any injuries. If anyone requires medical attention, call for an ambulance immediately. Even if you don’t feel injured, it is advisable to seek medical attention as some injuries may not be immediately apparent. Adrenaline can mask pain, and certain injuries might manifest later.
- Contact the Police: Call the police to report the crash, even if it appears to be a minor collision. Having an official police report can be crucial for insurance claims and legal proceedings. Provide the policeman with an accurate account of the crash, but avoid admitting fault.
- Prioritize Safety: You need to assess whether leaving your car in place poses a substantial threat to the safety of the people in your car and of other motorists. It is best to leave your car in place unless it is clearly a hazard (preventing or inconveniencing others is not a good reason to move your car—blocking traffic is also not a good reason to move your vehicle). If your car is moved before the police have done their investigation, it will be substantially more difficult for you to make the insurance company pay for your vehicle damage and for your injuries. If you have hazard lights or warning triangles or flares, it is better to place them on the road instead of moving your vehicle.
- Gather Information: Collect information from the other party involved in the crash, including their name, contact information, driver’s license number, license plate number, insurance details, and vehicle description. Additionally, gather contact information from any witnesses present at the scene.
- Document the Scene: Take pictures of the accident scene, including the vehicles involved, any damage to vehicles, skid marks, road conditions and lighting conditions. These photographs can serve as valuable evidence later when filing an insurance claim or pursuing legal action. Videotaping works well also.
- Preserve Evidence: If there were any security cameras in the vicinity, request footage from nearby businesses or authorities, if possible. Write down your account of the crash as soon as possible to give to your attorney. Do this as soon as possible while the details are fresh in your mind. Include information such as the date, time, location, weather conditions, and a detailed description of how the crash unfolded, for your attorney’s consideration.
- Consult with an Attorney: If you sustained injuries or significant damages, consult with a personal injury attorney who specializes in car crashes. They can guide you through the legal process, protect your rights, and help you pursue any necessary claims or lawsuits. The Scott Ray Law Firm is here to help.
- Obtain Medical Evaluation: Seek a medical evaluation as soon as possible after the crash, even if you initially feel fine. Prompt medical attention can ensure potential injuries are identified, treated, and documented, strengthening any future claims for compensation. Insurance companies love to claim that you were not injured because you did not call an ambulance or go to the hospital immediately after the crash, even if your doctor later claims you were injured in the crash.
- Notify Your Insurance Company: If you are not going to consult an attorney, report the accident to your insurance company as soon as possible, even if you were not at fault. [If you are hiring an attorney, he will advise you about reporting the crash to your insurance company.] Provide your insurance company with accurate and honest details of the incident. Cooperate with their investigation, and ask about any specific documents or forms they require.
- Keep Records: Maintain a file of all relevant documents, including medical records, receipts for medical expenses, vehicle repair estimates, and correspondence with insurance companies or other parties involved. These records will be essential for insurance claims and potential legal proceedings.
Experiencing a car crash that was not your fault can be stressful and overwhelming. However, by following the steps outlined above, you can ensure your safety, protect your rights, and effectively handle the aftermath of the crash. Remember, it is crucial to stay calm, get treatment, gather information, preserve evidence, consult with a personal injury attorney, and notify your insurance company. The Scott Ray Law Firm is here to help relieve the stress. Give us a call at 580-248-5557.