What To Do After a Car Accident That Wasn’t Your Fault

Car accidents happen out of the blue, and even if you’re not the one at fault, the aftermath can be confusing and overwhelming. By learning the correct steps to take after a car accident, you can better protect your rights, streamline the claims process, and help make sure that you a fair compensation for your damages.

Here are some important steps to take:

Check for Injuries and Seek Medical Attention

The moments that immediately follow an accident can be overwhelming. The rush of adrenaline will get the heart racing and you might be shocked and confused at what just happened. As reality sets in and you’re able to calm down, safety should be your top priority. Check to see if you or any of your passengers have been injured. If anyone’s hurt, call 911 right away and request emergency assistance.

Even if an injury seems minor and you’re able to “walk away” from the accident, it’s vital to seek professional medical attention as a follow up. Often, injuries like whiplash or concussions may not immediately seem serious but can cause long-term issues if not treated properly.

A medical evaluation also creates a record linking your injuries to the accident, which can be useful when pursuing compensation.

Call the Police and Report the Accident

Even for minor collisions, it is important to notify law enforcement. Officers will document the scene, gather statements from both parties and prepare an official accident report.

This report can serve as key evidence when you’re dealing with insurance companies and can help establish that you were not at fault. If the police don’t come to the scene, you may be able to file a report at a local police station.

While you can’t file an accident report online in West Virginia, you can call the state police at (304) 746-2128 to report the incident.

Exchange Information with the Other Driver

It’s also essential that you gather as much information at the scene as possible. Exchange details with any other drivers involved, including full names, contact information, driver’s license numbers, and insurance details.

If possible, take photos of their insurance card and license plate.

Try to keep conversations brief and avoid discussing fault. Even a simple apology could be misinterpreted and used as an admission of responsibility.

Gather Evidence at the Scene

If you can, document the accident scene thoroughly.

Take photos of vehicle damage, traffic signals, skid marks, and any visible injuries. Capture different angles to provide a full view of what happened. If there were witnesses, ask for their contact information. Their statements could help support your version of events, especially if the other driver later disputes the facts.

Notify Your Insurance Company

Even if you weren’t at fault, you still must report the accident to your insurance company. Most policies require prompt notification, and failing to report it could affect your coverage.

Provide factual details about what happened but avoid giving recorded statements until you understand your rights. Your insurer may coordinate with the at-fault driver’s insurance company to handle repairs and medical expenses.

Be Careful When Speaking with the Other Driver’s Insurance

You may receive a call from the at-fault driver’s insurance company shortly after the accident. While it is okay to confirm basic details, be mindful of what you say. Insurance adjusters may look for inconsistencies or statements they can use to minimize your claim. Avoid admitting fault or speculating about injuries. If you feel uncertain, consider consulting a lawyer before providing a statement.

Track Medical Treatment and Expenses

If you’ve suffered injuries, be sure to keep detailed records of your medical treatment. Save copies of doctor’s notes, prescriptions, physical therapy schedules, and any other relevant documents. It can be helpful to keep a journal of your day-to-day symptoms and your recovery process as well.

This helps establish the time and extent of your injuries and will support your claim for medical expenses and pain and suffering.

Know When to Contact a Lawyer

While minor accidents may be resolved through insurance, more serious cases often require legal representation. An attorney can help if the insurance company denies your claim, offers a low settlement, or disputes liability.

Qualified legal support is especially important to have if you’ve suffered significant injuries, since medical expenses and lost wages can add up quickly. Your attorney can handle negotiations, gather evidence, and advocate for maximum compensation.

Even when you are not at fault, dealing with the fallout from a crash can be frustrating and difficult.

At Hendrickson & Long, PLLC, we know from experience that taking the right steps early on can prevent major complications and ensure a smoother recovery process. Seeking medical attention, documenting the scene, and handling insurance communications carefully will help protect your claim.

If challenges arise, our qualified personal injury attorneys can make all the difference in getting justice and the compensation that you and your family deserve.

By staying informed and proactive, you can navigate the aftermath of a crash with confidence and get your life back on track.