What to Do After a Car Accident That’s Not Your Fault

Anyone who has been in a car accident knows how stressful and even traumatic it can be, especially if you’re not at fault. It’s important to act carefully following a road collision, as the actions you take can help protect your health, rights, and your finances. Here, we’ll look at the steps you should take to ensure the best outcome.

Check for Injuries and Ensure Safety

Start by checking for injuries as soon as it is safe to do so. If you or anyone involved appears hurt, you should call 911 straightaway. It may be wise to get yourself checked out even if there are visible injuries, as adrenaline can mask symptoms and some health concerns like whiplash are not as easily seen immediately. If your vehicle is operable, move to the side of the road and turn on your hazard lights to alert other drivers. If you are on a busy roadway, avoid getting out of your car until help arrives.

Contact Law Enforcement Immediately

No matter how minor the accident seems, it’s critical to involve law enforcement. Police officers will document the incident and create an official accident report, which is invaluable for insurance claims and legal disputes.

When officers arrive, provide a clear and honest account of the events. Avoid admitting fault, even casually, as it can be used against you later. If the police do not come to the scene, you may need to file a report at the nearest police station.

Document the Scene and Gather Evidence

Whether you’re planning to make a claim or simply to prove you’re at fault, gathering evidence is important. Use your phone (if possible) to take photos of all vehicles involved, including lciense plates, damages, and their positions.  Document skid marks, road conditions, and traffic signs near the scene, and photograph any visible injuries you or your passengers sustained.

Try to gather as many details about the time, weather, and location as you can. If there are witnesses, ask if they saw anything and, if so, ask for their contact information. A third-person eyewitness can be greatly helpful.

Exchange Information with Other Parties

Ensure you exchange details with any other drivers involved, swapping full names, contact details, driver’s license numbers, insurance company names, and policy numbers. Make a note of their vehicle make, model, and license plate number as well, but avoid discussing anything about the details of the accident or assigning blame. You may feel inclined to apologize simply because you feel bad that they got into the accident too, but this could complicate your case.

Notify Your Insurance Company

Whether it’s your fault or not, you must notify your insurance provider when able. A lot of providers will not process a claim properly if you wait too long to report it. Provide them with all the evidence you have, including any police reports, and any insurance details you collected from the other driver. Most insurers won’t penalize you for an accident where you were not at fault.

Seek Medical Attention Even for Minor Symptoms

Some injuries, like whiplash or internal trauma, may not show symptoms immediately. To protect your health and strengthen any potential legal claims, see a doctor as soon as possible, even if you feel fine initially.

Keep all medical records, bills, and recommendations from your healthcare provider. This documentation can support your claim for compensation for medical expenses and pain and suffering.

Consider Legal Advice for Accident Claims

If the accident resulted in significant damages, injuries, or disputes with the other driver or their insurance, consulting a personal injury attorney might be wise. An attorney can help:

  • Negotiate with insurance companies to ensure fair compensation.
  • Represent you in court if the case escalates to litigation.
  • Provide clarity on your rights and responsibilities.

Follow Up on Your Insurance Claim and Repairs

Once you’ve filed your claim, stay proactive by regularly following up with your insurance company. Ensure that:

  • Your claim is progressing without unnecessary delays.
  • All necessary documents have been submitted.
  • Repair estimates are obtained and approved.

If the other driver’s insurance is responsible, they may arrange repairs or reimburse you. Review any settlement offers carefully and consult an attorney if you feel the offer is insufficient.

Keep the above tips in mind should you ever find yourself in a car accident that’s not your fault. It’s a stressful situation but failing to take evidence or speaking out of turn can jeopardize your legal rights. Stay calm, ensure health and safety, and gather what evidence you can.

Close-up of a shattered windshield after a car accident, illustrating what to do after a car accident that's not your fault.

What Our Clients Say

Client testimonials

Matthew Kunka is truly awesome. I was involved in an automobile accident in which my insurance as well as the other party deemed me responsible. My insurance rates increased, I was left with several unpaid medical bills and I lost my new part time job due to needing a few months of physical therapy. Matt decided to take the other party to court and we won a substantial amount of compensation. He was very professional, knowledgeable, compassionate and concise. He kept me informed and was extremely responsive. Thanks Matt!
I cannot speak highly enough of Matt! From the moment I reached out to him, I knew I was in good hands. His knowledge and expertise in handling my case were exceptional. He was always available to answer my questions and provide updates, making me feel supported and informed throughout the entire process. His thorough research and preparation were evident in the successful outcome of my case. I am grateful for his dedication and hard work, and I highly recommend Matthew Kunka to anyone in need of a reliable and skilled lawyer. Thank you for everything!!
Amazing attorney! Skilled, knowledgeable, trustworthy and compassionate are just a few of the many positive words I can say about having Mr. Kunka as my lawyer. If you are looking for the best legal representation, look no further than hiring Mr. Kunka.
Matt is the most dedicated, knowledgeable and helpful attorney I have had the privilege of working with. He gave me hope and strength and fought for me through a very long dark time until justice was served. I could not recommend him enough.
Matt Kunka is an extremely competent, vigilant, persistent, knowledgeable, and kind attorney. Our son had some legal issues over COVID and it took over four years to resolve, resulting in the best outcome we could have hoped for. Matt was not only diligent and available this whole time, he went above and beyond to represent our son in the best possible way, providing support and hope along the way. We have sincerely thanked him many times for his outstanding service, and he is very humble, refusing extra compensation. We thank him from the bottom of our hearts for all he has done for our son and our family, and wish him all the very best in his future endeavors.

Hours

Monday - Friday 8am - 6pm

Contact

(410) 787-0110

Social Media

Glen Burnie

7420 Baltimore Annapolis Blvd,
Glen Burnie, MD 21061

Howard County

5501 Twin Knolls Rd #102,
Columbia, MD 21045

Free Consultation

Disclaimer*
© Kunka Law
Site Credit // SouthMade