Auto Accident FAQ

Car accidents are scary—even minor ones. Knowing what to do after an accident before you get in will ensure nothing gets missed and put your mind at ease. Here are the ten steps you should take immediately after a collision with another driver:

1. Check yourself for injuries
2. Seek immediate medical attention if necessary
3. Get away from traffic
4. Call the police
5. Document the accident
6. Exchange information with the other driver(s)
7. Gather witness statements
8. Seek medical care
9. Contact a car accident attorney
10. Notify your insurance company

The amount of time you have to notify the accident to your insurance company depends on the terms of your policy. Familiarize yourself with your policy’s terms to avoid missing any deadlines, which could jeopardize your potential payout. Failing to report an accident at all or in the time allotted for your policy gives the insurance company grounds to deny your claim.

Some states legally require you to report any accident that resulted in injuries and/or property damage, while others do not. Even if your state doesn’t require you to report a minor accident, we still highly recommend it. Officers will fill out a police report that could benefit your claim and potential payout.

You need sufficient evidence to prove another driver was at fault for the accident. Key evidence includes proof of negligence, photos and videos of the aftermath, eyewitness statements, proof of injuries and property damage, and more. A car accident attorney will help you gather this evidence to start building a case against the other party.

If you share some of the fault for an accident, your compensation will be reduced by your degree of fault—that is, if your state practices comparative negligence. Lucky for plaintiffs, most US states practice either pure or modified comparative negligence, which puts a cap on the amount of compensation a partially at-fault plaintiff can recover. Under pure comparative negligence, the plaintiff can be up to 99% at fault and still seek damages, while they can only be up to 49% at fault under modified comparative negligence.

Alabama, Maryland, North Carolina, Virginia, and Washington D.C. practice contributory negligence, which bars plaintiffs from receiving any compensation if they’re partially responsible for an accident.

South Dakota is the only state that practices what’s called slight versus gross negligence. This principle allows a plaintiff whose negligence is deemed slight to recover damages from a defendant whose negligence is deemed gross. If the plaintiff’s negligence is deemed more than slight, they could be barred from recovering damages.

Many states assume the rear driver in a rear-end collision is fully responsible because they were following the other driver too closely. This is known as a presumptive law. However, the front driver can share some responsibility. Circumstances in which the front driver would be found at fault include turning without signaling, brake checking, and failing to repair faulty brake lights.

Your state’s statute of limitations stipulates how long you have from the time of the accident to file a lawsuit against the other party. The statute of limitations for most personal injury cases is two to four years, although it’s shorter in some states. Cases involving property damage are sometimes given a longer statute of limitations. Check your state’s statute of limitations and file as soon as possible to avoid missing the deadline.

Insurance companies engage in a series of negotiations to settle auto claims. Unfortunately, this profit-driven industry tries to settle claims for as little as possible, leaving car accident victims without enough compensation to cover all their expenses. Thankfully, your lawyer is skilled in these negotiations and knows how to secure maximum compensation on your behalf.

Your settlement amount will depend on the details of your case. Contact a car accident attorney to start building a strong case that will maximize your compensation.

Car accident settlements cover two types of damage: economic and non-economic. Economic damages are monetary expenses such as medical treatment, vehicle repairs, and lost income. Non-economic damages are intangible losses, including pain and suffering, loss of enjoyment of life, and mental anguish. Ideally, a settlement will cover a victim’s economic and non-economic damages in full.

In most cases, you should not accept the first settlement offer you receive. This is because insurance companies often present lowball offers that wouldn’t cover all past, current, and future expenses caused by the accident. Trust your lawyer to negotiate effectively on your behalf to secure maximum compensation. That way, you aren’t strapped with mounting out-of-pocket costs.

A hit-and-run accident can be distressing. After ensuring your safety and notifying the police, contact your insurance carrier. Your uninsured motorist coverage, if you have it, can help with medical bills and car repair costs if the other driver can’t be identified. Similarly, if another driver hits your vehicle and flees the scene, uninsured motorist coverage will cover the resulting expenses if the driver can’t be identified.

If you let someone else drive your car and they crash it, your auto insurance policy should cover the cost of property damage and medical treatment for those in the vehicle at the time of the crash. But keep in mind the coverage cannot exceed your policy limit. If the injuries and damages are more severe, the driver’s auto insurance policy could cover the difference.

If the driver was under the influence at the time of the accident or didn’t have your consent to drive the car, the insurance company involved could dispute the claim altogether.

Not wearing a seatbelt at the time of an accident doesn’t prohibit you from seeking compensation from your insurance company. However, your compensation could be reduced if the fact that you weren’t wearing a seatbelt contributed to your injuries in any way.

While you might be tempted to say things like “I’m sorry” or “I didn’t see you” after a car accident because you feel bad about what happened, resist the urge. These statements can be interpreted as admitting fault and will be used against you during negotiations or litigation. The bottom line? Don’t say anything to anyone that could in any way be seen as admitting fault. Consult a car accident attorney before speaking with anyone about the accident.

When it comes to compensation after a car accident, you have a few options. You can file a claim with your insurance company, file a claim with the at-fault driver’s insurance company, or file a lawsuit against the at-fault driver seeking compensation directly from them. Speak with a lawyer to determine which option is best for you.

You must prove the other driver involved in the accident acted negligently. These four elements must exist to establish negligence:

–Duty: The other driver owed you a duty of care.
–Breach: The other driver breached their duty of care.
–Causation: This breach caused your injuries.
–Damages: You have suffered some form of identifiable harm—whether physical, psychological, or financial—as a result of your injuries.

As long as you explicitly give someone else consent to drive your vehicle, it’s okay for them to do so. They do not have to be listed on your insurance policy to be covered in the case of an accident. Your insurance policy will likely provide primary coverage, while the other person’s policy if they have auto insurance, will likely serve as secondary coverage if the damages are extensive. However, there are exceptions.

– If the person driving your car uses it to engage in commercial activity—such as a rideshare or food delivery—they likely won’t be covered by your auto policy.

– If the person driving your car is explicitly excluded from your policy, they won’t be covered.

Letting someone else drive your car is up to your discretion. If you don’t trust someone to drive your car safely, don’t let them. And don’t leave your car keys unattended.

If a driver turns left through an intersection, and a driver traveling straight from the opposite direction crashes into them, the driver turning left is typically liable. There are a few exceptions to this rule:

– If the car traveling straight was driving over the speed limit
– If the car traveling straight ran a red light
– If the car turning left started to turn when it was safe, but an unexpected event occurred, forcing the driver to slow or stop the turn