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Getting into a car accident while running errands is bad enough, but it can be even more frustrating when it isn’t your fault. If something happens outside of your control that results in serious injuries, acting fast can protect your rights and ensure you get fair compensation for the damages.
If you were in a car accident that wasn’t your fault, don’t panic just yet. With proper planning and preparation, you can keep yourself safe while ensuring the fault doesn’t fall on your shoulders.
At Shapiro Law Team, we have years of experience handling car accident claims, and we know how to make sure the right people are held accountable for their actions. We’ll go over the basic steps of what to do after a car accident, common mistakes that can hurt your claim, and what legal options you have if you’re not at fault.
Table of Contents
ToggleFirst and foremost, your immediate safety needs to be the top priority. If you’re able to, move your car to a safe location that’s out of the way of traffic. If there’s a nearby parking lot or shoulder on the road, pull over and give yourself enough space to move around safely.
Once you’re in the clear, call 911 for emergency assistance. They can send emergency medical services to your location. No matter how minor the accident, urgent medical care ensures you’re safe and checks for any hidden injuries. Not all injuries appear immediately after an accident, so get checked out even if you don’t see any obvious injuries.
While you’re on the phone with 911, ask them to send a police officer to your location along with medical services. When they arrive, you’ll need to cooperate with them and fill out a formal police report. Be careful with what you say, and don’t try to point fingers or assume blame. Stick to the facts of what happened and be as detailed as possible.
A police report is a crucial piece of evidence you’ll need to file your personal injury claim. Be sure to give them your name, contact information, the exact details of what happened, and any injuries you have. If the other driver tries to prevent you from filing a police report, be persistent and push back. Even if they don’t cooperate, get your written statement, and be sure to mention the other party’s resistance to a police report.
Along with the police report, you’ll need to collect as much evidence as possible to build a strong case. When talking with the other drivers involved in the accident, get their contact information, driver’s license info, insurance details, and vehicle registration. All of this information ensures you have a way to file a proper claim against the at-fault party.
Other evidence you should collect includes any eyewitness statements and their contact information. Your legal team may want to get in touch with them while filing the claim to get their statement and use it to support your side of the story. Also, be sure to take photos of the scene, including any damage to your car, the road conditions, and any visible injuries.
Whether the car accident was your fault or not, you need to get in touch with your insurance company and report the accident. Many people worry that reporting the accident to their insurance means they’re accepting fault, but this isn’t the case.
They need to know that the accident happened so they can add it to your file. If they have no record of the accident happening, it can cause problems when you try to file a claim against the at-fault party.
When reporting the accident to your insurance company, choose your words carefully. Again, stick to the facts of what happened, and don’t say anything that could come off as you accepting fault. Provide them with evidence that the accident wasn’t your fault, and tread carefully.
If you’re not at fault for the accident, whose insurance is responsible for covering the damages? This responsibility falls to the at-fault driver and their insurance provider. However, Arizona is a pure comparative negligence state, meaning that fault can be distributed between multiple parties.
If you’re found to be partially at fault for the accident, this can impact how much compensation you earn. For example, a driver who is found 30% at fault for the accident can still receive up to 70% of their maximum compensation.
In cases where the other driver is uninsured or underinsured, your insurance may cover the damages if you have the right insurance plans. They will close the gap in the event the other driver doesn’t have adequate insurance to cover the extent of the damages.
After a car accident, you need to be careful of your actions and what you say. Insurance companies won’t hesitate to take what you say and twist it into an admission of guilt or a reason to deny the claim. At the end of the day, they’re a company that doesn’t want to lose profit, so you need to be on the defensive and avoid a few common mistakes.
Firstly, never admit fault, not even partial fault. Give them an inch, and they’ll take a mile, so stick to the facts of the incident and don’t say anything that can be misconstrued as an admission of guilt. When giving your recorded statement, a lawyer or legal team can coach you on what to say and what to avoid.
A common tactic from insurance companies is to have their first settlement offer be significantly lower than it should be in an attempt to get you to agree quickly. Never accept the first offer you receive, and work with a legal team so you know what compensation you should be fighting for.
In some cases, the other driver may try to falsely blame you for the accident. This can be incredibly frustrating and difficult to navigate, but there are some things you can do to prove your innocence. You can dispute the claim using the evidence you gathered from the scene. From dashcam footage to witness statements, you can try to prove the other driver is making a false claim against you.
If you see a fraudulent insurance claim against you, your attorney can help you dispute it. You and your team will compile all of the evidence you have on file and present it to your insurance company to prove the claim is false. The stronger the evidence, the easier it will be to get that claim removed.
After a car accident that’s not your fault, hiring a legal team can help you get everything in order. You’ll need to build a strong case to prove your innocence, and a personal injury lawyer in Arizona can help make that happen. Attorneys work with the legal system every day, and they know exactly what you need to prove fault and ensure you get the justice you deserve.
It’s important to note that you have a deadline to legally file your claim and receive compensation. In Arizona, you have 2 years from the date of the accident. The sooner you work with an attorney and file your claim, the better the outcome for your case will be.
The compensation you earn from a personal injury claim covers the damages you accrued as a result of the accident. For legal purposes, these damages are broken down into three main groups: economic damages, non-economic damages, and punitive damages.
When filing a personal injury claim, you need all the help you can get to make sure you get the maximum compensation available. Working with a local law team can help you build a strong case and be on the road to recovery. Not only that, but our team at Shapiro Law Team will handle all negotiations with insurance companies so you don’t have to deal with the hassle.
The first step is to schedule a free consultation with one of our attorneys. We’ll look over your case and figure out what your potential compensation looks like. Think of this as a two-way interview where we assess your case and you get to decide if we’re the right team for you.
If you’ve found yourself in a car accident that’s not your fault, keeping calm ensures a smooth process and protects your innocence. Once you’re safely out of the way, be sure to contact emergency services and file a formal police report of the incident. Gathering strong evidence builds a strong case, and a personal injury lawyer can help fight for the justice you deserve.
When you need a trusted car accident attorney in the Phoenix area, Shapiro Law Team is ready to answer the call. Our team of lawyers will fight for your rightful compensation while treating your case with the respect and care you deserve. You don’t pay us unless we win, so give us a call today to get the ball rolling and see what your legal options are.