Being in a car accident is stressful enough — but what if you weren’t at fault? You might assume the other driver’s insurance will automatically cover your expenses, but it’s not always that simple. Insurance companies often try to minimize payouts, and if you don’t take the right steps, you could end up paying for something that wasn’t your fault.
At Wright Gray Harris, we understand how overwhelming this process can be. That’s why we’ve put together this step-by-step guide to help you protect your rights and ensure you receive the compensation you deserve.
Step 1: Prioritize Safety First
The most important thing to do after an accident is to ensure your health and safety. Check yourself, your passengers, and anyone else involved for injuries. If it’s safe to do so, move your vehicle to the side of the road to avoid blocking traffic or causing additional accidents. Call 911 if anyone is injured or if the damage is significant.
Once emergency responders arrive, cooperate with police and medical personnel. It’s crucial that you avoid making statements that could be misinterpreted as an admission of fault. Even something as simple as “I’m sorry” could be used against you later. Stick to the facts when speaking with the police and other drivers.
Step 2: Gather Evidence at the Scene
Gathering evidence at the accident scene can be one of the most important steps in proving that you were not at fault. Take clear photos of the accident, including vehicle damage, skid marks, traffic signs, road conditions, and any visible injuries. Exchange contact information with the other driver(s), including their name, phone number, insurance information, and driver’s license number.
If there are witnesses on the scene, ask them for their contact information as well. Witness testimony can help support your claim. Finally, be sure to ask the police officer on the scene how to obtain a copy of the police report. This report can be a key piece of evidence in proving you were not at fault.
Step 3: Avoid Discussing Fault at the Scene
It’s natural to want to discuss the accident with the other driver, but be careful. Anything you say can be used against you later by the insurance company or in a legal dispute. Avoid phrases like “I’m sorry” or “I didn’t see you,” as they may be misinterpreted as admitting fault.
When speaking with police, focus on the facts of what happened and avoid making speculative statements. Let the police gather information and prepare their report. Their determination of fault can be a key factor when filing a claim. By sticking to the facts and letting authorities do their job, you protect your ability to seek fair compensation later.
Step 4: Seek Medical Attention (Even if You Feel Fine)
Even if you feel fine immediately after the accident, it’s crucial to see a doctor as soon as possible. Some injuries, like whiplash, concussions, or internal damage, may not show symptoms right away. If you delay medical treatment, insurance companies may argue that your injuries weren’t caused by the accident.
Seek medical attention the same day as the accident, if possible. Document your symptoms, pain, and any changes in your health over the next few days. Follow the doctor’s advice regarding treatment, therapy, or medications. Be sure to keep copies of medical records and bills, as they will be essential if you file an injury claim.
Step 5: Notify Your Insurance Company
Most insurance companies require you to report any accident, even if you weren’t at fault. Call your insurance provider and provide them with the basic details of what happened. Stick to the facts and avoid statements that could be interpreted as accepting blame. Your policy may require you to report the accident within a certain timeframe, so it’s important to act quickly.
When speaking with your insurance adjuster, you don’t need to provide a recorded statement right away. In fact, it’s often best to speak with an attorney before making any official statements. This ensures you don’t accidentally say something that could hurt your claim.
Step 6: File a Claim Against the At-Fault Driver’s Insurance
If you weren’t at fault, you have the right to file a claim with the at-fault driver’s insurance company. This is known as a “third-party claim,” and it allows you to seek compensation for property damage, medical bills, lost wages, and other related expenses.
Start by contacting the other driver’s insurance company to begin the claims process. Be prepared to provide evidence, such as photos, witness statements, medical records, and the police report. Keep track of all communication with the insurance company, including the date, time, and details of your conversations.
It’s important to be cautious when dealing with insurance adjusters. They may offer you a settlement quickly, but these initial offers are often much lower than what you deserve. Consult with a lawyer before accepting any settlement, as they can help you negotiate a better offer.
Step 7: Contact Wright Gray Harris
Navigating the claims process alone can be challenging, especially when the at-fault driver’s insurance company is looking to minimize your payout. Hiring an auto accident lawyer gives you a major advantage. Attorneys know how to handle insurance adjusters, negotiate higher settlements, and fight for your right to full compensation.
Schedule a free consultation with a personal injury attorney as soon as possible after the accident. Bring all relevant documents, including the police report, medical records, witness contact information, and any photos or videos from the scene. An attorney will review your case and give you guidance on your next steps.
Having an attorney on your side also means you won’t have to worry about talking to insurance companies. Your lawyer will handle all communication and settlement negotiations on your behalf, allowing you to focus on your recovery.
Common Mistakes to Avoid After a Car Accident When You’re Not at Fault
Many people make mistakes after an accident that could hurt their claim. One common mistake is failing to collect evidence at the scene. Without photos, videos, or witness statements, it’s much harder to prove that you weren’t at fault. Another mistake is apologizing or admitting fault, even when you’re just trying to be polite. These statements can be used against you later.
Delaying medical treatment is another costly mistake. If you don’t see a doctor right away, the insurance company may argue that your injuries aren’t serious or weren’t caused by the accident. Finally, accepting the first settlement offer from the insurance company is almost always a mistake. Insurers often offer low settlements to close the case quickly, but these offers rarely reflect the true value of your claim.
How an Attorney Can Help You Get Maximum Compensation
An experienced auto accident attorney plays a critical role in ensuring you get fair compensation. Attorneys know how to gather the right evidence to prove fault, such as police reports, traffic camera footage, and expert testimony. They also know how to negotiate with insurance adjusters who may try to offer you less than you deserve.
If a fair settlement can’t be reached, your attorney can file a lawsuit and take your case to court. While most claims are settled before trial, the willingness to go to court can pressure the insurance company to offer a better settlement.
When you work with Wright Gray Harris, you don’t have to worry about legal fees upfront. We work on a contingency fee basis, which means you don’t pay unless we win your case. Our goal is to get you the maximum compensation possible so you can recover physically, emotionally, and financially.
We're Here For You.
If you were in a car accident and it wasn’t your fault, you have the right to pursue compensation for your injuries, property damage, and other losses. But if you don’t take the right steps, you could end up paying for expenses you don’t deserve.
By following the steps outlined in this guide — gathering evidence, seeking medical attention, and working with an experienced attorney — you’ll be in a much stronger position to get fair compensation. If you need help navigating your claim, contact Wright Gray Harris for a free consultation. Our experienced car accident attorneys are ready to protect your rights and fight for the compensation you deserve.
Call us today to schedule your free consultation.