What To Do After a Car Accident That Wasn’t Your Fault?
The moment a car accident occurs, you run through a range of emotions, from shock to fear to anger. There is a lot to process in those few seconds.
Once you get out of the car to assess the situation, the scope of what happened will come into focus. This is where you’ll see the extent of any damage and begin to determine who is to blame for the accident. Sometimes, that will be obvious, but what do you do after a car accident that wasn’t your fault?
Assigning Fault
Determining whose negligent actions resulted in a car crash is key to determining who will ultimately be responsible for paying compensation for damages, such as medical bills.
Montana is both an at-fault and a comparative negligence state. The first part means that you can hold another party liable for any damages you amass because of your involvement in a catastrophic car crash someone else caused. The latter means that the blame in an accident is assigned by a level of percentage. That relates to how much of the final reward you’ll receive. In other words, if you are partially at fault, you will only receive a fraction of the final settlement.
Many factors will determine the issue of who is at fault. There could be a dispute over those issues if the other driver’s insurance company takes their customer’s side and uses that as an excuse not to pay out a claim. At that point, you’ll want to get the support of an experienced attorney who will be able to present your version of the accident events.
What To Do After an Accident
The last thing you want to do after an accident is apologize. You might think you are being polite, but that could be taken as an admission of guilt. Instead, you first need to check for injuries for anyone involved in an accident. Calling 911 to have paramedics come and render aid should be your priority if there are any injuries.
Call the Police to the Scene
No matter the severity of the accident, you should call the police. When they arrive, the officers will assess the accident scene and make a report. They could also issue citations. Those citations could be directly related to an accident, such as with a driver who was operating their vehicle under the influence of alcohol or speeding. Those citations can go a long way toward helping insurance adjusters and attorneys alike in determining who is at fault for an accident.
The police could also write out citations on matters that aren’t associated with the accident, such as driving with expired plates or a license. A motorist could also be cited for not wearing a seat belt in Montana. Those citations might not have anything to do with the cause of the accident.
You will be able to get a copy of the police report. While that is an important document, it is not infallible. In other words, if the police notate something that leads to an insurance adjuster or attorney deciding you are at least partially at fault for a crash, you can dispute those findings with evidence.
Gather Evidence
While you wait for the police to respond to your accident scene, you can gather evidence. That should include photos and videos of the car damage, road conditions, and weather. You can also use your phone’s camera to document the other motorist’s driver’s license and insurance information. If they refuse to provide that information, you should let the police know immediately.
You can also use your phone to take witness statements and contact information. All the evidence you gather can support your future claim and help with fault determinations down the line.
Getting Medical Help
Whether you feel “fine” or not, you should have a health care provider assess you after the crash. Those medical professionals could identify issues that might require immediate attention or otherwise cause you irreversible harm.
Having a documented record of your having received immediate medical attention after your crash and any follow-up care recommended by your physician will play a big role in establishing the elements of negligence and claims for damages you make of the at-fault party.
Report the Accident
You should report the accident to your insurance company even if it was not your fault. That report will establish the “record” of the incident. Even though your version of the accident is clear, you still need to be cautious about what you say to your insurance company. At this point, you should not put anything in writing or sign off on any statement. You’re just informing the company about the accident. The claim process is when you make things “official.”
Building the Case
When an insurance company receives a claim, an adjuster is assigned to it. The adjuster will review the police report and any other supporting documentation. Once they have reviewed all of that evidence, they will make a determination about liability.
It might be a clear case that establishes the other motorist was entirely at fault. However, if they assign partial blame to you or find you are at fault, you have the right to dispute that determination. That is something you don’t want to take on by yourself.
The experienced team at Western Justice Associates, PLLC, can become your advocate and speak on behalf of your innocence. Contacting our firm after you get involved in a car accident doesn’t mean you’ll automatically be moving forward with a lawsuit. Instead, we can help you with your initial insurance claim, deal with any insurer pushback on liability, and aid you in determining the scope of damages. Call for a free consultation to discuss the accident, and let’s start building your case.
