Car accidents are often caused by one reckless driver, but everyone in the crash must deal with the harm that was caused. If you have been injured in a car accident that is not your fault, the best path forward is through insurance or a personal injury lawsuit. That takes preparation. You will need to know what to do from the moment of the accident and beyond.

What To Do After a Car Accident When It’s Not Your Fault?

You shouldn’t bear the medical and financial burden of an accident you didn’t cause. If you are not at fault, you have a right to the full amount of both your PIP insurance claim and any personal injury settlement you might seek for expenses beyond your policy. While Florida is officially a ‘no fault’ state when it comes to car insurance, you can hold irresponsible drivers liable for the full financial and medical losses you experienced from the crash.

Knowing what to do after a car accident that is not your fault can help you make a successful claim and ease the financial impact of this accident on your life. An experienced car accident lawyer can guide you through the best steps during this challenging and painful ordeal.

How Can a Car Accident Lawyer Help While You Are Injured After a Crash?

Dealing with the aftermath of a car accident is not an easy thing to do, especially if you are injured. While your top priority should be to heal and recover, there are also financial concerns to consider, like who will pay for your medical bills or the work you miss.

We know that insurance claims and personal injury lawsuits may be the last thing on your mind right now, which is hiring a car accident attorney is your best route to take care of all your needs, medical and financial. A skilled car accident attorney can help you pursue the task of fighting for the full settlement you need to financially cover your losses.

Michael T. Gibson, P.A., Auto Justice Attorney will defend your best interest and financial future when you need support the most. Michael T. Gibson is an Orlando car accident law firm that is dedicated to helping accident victims and their families through the difficult, overwhelming, and often frustrating process of filing a personal injury or wrongful death claim.

You will get the guidance and support you need as you explore what to do after a car accident that is not your fault. For a consultation please call at 407-422-4529 or get in touch through the online form.

Get to Safety and Seek Medical Treatment

After a car accident, safety is the first priority. If possible, get your car out of the road. Then call emergency services for anyone who is injured – including yourself. Don’t let anyone shrug off pains or visible injuries, car accident injuries are often much more severe than they seem while adrenaline is high.

If you are injured, call for immediate medical treatment and seek help for anyone else who is injured in either car.

Contact the Police and Document the Scene

It is important to document the scene of any car accident right after it happens. Ideally, someone can get a few photographs even before the cars are moved off the road.

Take photos of the road or intersection, recent skid marks on the pavement, and the damage to the cars. These photos or videos will help determine exactly what happened and who is ultimately at fault. If you were not at fault, you have every reason to seek full scene documentation.

If you are not able to take photos due to your injuries, as an uninjured passenger or witness to document the scene for you, and ensure you receive an email with the photos before everyone leaves.

Also, it is important to contact the police and have the police come out and do a crash investigation and issue a report documenting the crash and all evidence.

Collect Driver and Witness Information

After a car accident, drivers typically trade information. This is very important. From the other driver, you should collect:

• Full name
• Drivers license number
• Insurance provider
• Insurance policy number
• Confirmation or denial if anyone in their car is injured

However, you will also want to get contact information from any witnesses. If people who saw the accident stop to help, ask them to provide a witness statement or share their contact info so they can provide witness statements later. Anyone with dash cam footage of the accident will also be enormously helpful.

Do Not Apologize While You Are Upset

Sorrow is a normal emotion after a traumatic car accident. It is common to find yourself sobbing or saying “I’m sorry” many times as an emotional response to the crash. From a legal perspective, however, we advise not saying anything like an apology. At least, not within earshot of other drivers, police, or insurance representatives.

Even saying “I’m sorry” because you are upset might be construed as an admission of fault for the accident that could be used against you, even if the evidence clearly points to the other driver being responsible for the crash.

Open Your Insurance Claim

It’s important to report the accident to your insurance provider immediately and let them know there has been an accident. Florida is a ‘no fault’ state, meaning that each driver carries personal injury protection (PIP) coverage as part of their car insurance. PIP settlements are supposed to cover the cost of your injuries no matter who is at fault, so you will likely need a claim from your own insurance provider.

Call your insurance provider and let them know there has been an accident. Tell them if you have been injured but don’t go into detail yet. It’s important to note that the ‘no fault’ label is a misnomer. Your settlement amount will be augmented by the percentage ‘at fault’ you are found, so your insurer has every reason to find you at partial fault so they can give you a partial settlement.

Stick to the Basic Facts

Whether you are talking to your insurance provider or making a police report, stick to the basic facts. Don’t go into your full perspective of the accident, your emotional state, or your worries about what comes next. Neither the police nor the insurance companies are necessarily on your side. Your full report will be prepared with the help of evidence and legal counsel to ensure the best outcome in the near future.

Hire a Car Accident Lawyer

Once you have received medical treatment and have had a chance to begin recovery is the best time to hire your car accident lawyer. Your lawyer will help guide you through all further steps and will take over if you need to focus completely on your recovery – and/or the recovery of friends or family who were in the car with you. 

An experienced car accident attorney knows how to build a strong insurance policy, quantify your future medical and financial needs, and is prepared to defend you from false accusations of fault for the accident.

Get a Full Medical Report

After initial injury treatment, work with your doctor or medical team to get a full report. You will need detailed proof of your injuries and recovery plan. This is essential for building a strong claim both with insurance and, if necessary, in a personal injury lawsuit to cover the full costs of your recover.

Ask your doctor for a detailed report. Get scans and have printouts and digital copies added to your portfolio. Then work with your doctor to get a long view of your necessary recovery expenses and how much work you might have to miss in the short-term or long-term due to your injury.

A report from medical professionals is very strong evidence that can help prevent insurance companies from minimizing your injury and ensure you are fighting for the full scope of the financial compensation you will need.

Get Delayed Medical Symptoms Diagnosed

If you experience delayed pain or other late-manifesting symptoms, visit your doctor immediately. Delayed pain conditions are remarkably common in car accident injuries, especially relating to soft tissue, joint, and spinal damage. In order to ensure these injuries and potential long-term pain conditions are included in your medical settlement, you will need to get them documented and added to your claim as soon as possible.

Don’t Accept the First Settlement Offer

Whether talking to your insurance or filing a personal injury lawsuit, never accept the first settlement offer. The usual strategy is to try a low-ball offer to see if you will take less than you are asking for. Your lawyer will protect you from being handed a settlement that is lower than you deserve by defending your evidence and insisting on a fair amount.

File a Personal Injury Lawsuit if Your Expenses Exceed Your PIP

If your PIP policy covers less than the total cost of your medical bills and lost income, it may be necessary to file a personal injury lawsuit. It is important to consider the possibility of a lawsuit when planning what to do after a car accident that is not your fault. Your lawyer will guide you through the process to ensure that the responsible party is the one who bears the burden for any expenses created by the accident.

Taking the Next Steps after a Car Accident That Is Not Your Fault

Florida is a tough state when it comes to driver fault. But when another driver causes you critical injury in a car accident, Michael T. Gibson, P.A., Auto Justice Attorney, will defend your right to full compensation in this difficult time. Schedule your initial consultation by calling 407-422-4529 or contact us online. We are here to help in any way we can.