What To Do After A Car Accident That’s Not Your Fault

Few car accidents are alike, but the way you respond should generally be the same. What you do immediately after a crash, especially one you believe you weren’t at fault for, will heavily influence what happens in the days, weeks, and months that follow. By taking the steps below, you can protect your well-being and give yourself the best chance to recover compensation when pursuing a car accident settlement.

Step 1: Ensure Your Safety, Then Contact the Authorities

The moments immediately following a car accident are frightening and stressful. Try to remain calm and get to safety. If your vehicle is driveable, move it to the shoulder or a nearby parking lot. If it isn’t, exit the vehicle when it is safe to do so and move away from the road. Don’t forget to activate the hazard lights on the vehicle and deploy a road flare if you have one so other drivers know there is an accident scene in the area.

Once you have ensured your own safety, call 911. Tell the dispatcher your exact location and the description of the vehicles involved, explain your injuries—if any—and give them your callback number and name. Do not leave the scene of the accident, not even if the other driver fled. Remaining at the scene makes it easier for you to file a police report and a car crash claim against the other driver with the help of a personal injury lawyer.

Step 2: Gather Evidence at the Accident Scene

If you can do so without putting yourself in danger and are not suffering from serious injuries, make your best effort to gather evidence at the accident scene. Some key examples of car crash evidence that can support a claim include:

• Photos of the geographic location, vehicles, damage, debris, and your injuries
• Video footage of the scene (filmed by yourself or taken by another vehicle’s dash cam or local business)
• Statements from anyone who witnessed the crash and their contact information
• Details of all the vehicles involved, including make, model, color, license plate number, and insurance information
• The traffic conditions, including warning signs, traffic light placement, and any other relevant markings
• The environmental factors of the accident scene, including the weather conditions, the condition of the road, and lighting

Step 3: Seek Medical Attention Immediately

Even if your injuries seem minor or nonexistent, it is best to visit the hospital immediately for a thorough medical evaluation. Medical professionals and imaging tests can uncover hidden injuries that might worsen without prompt diagnosis and treatment. Additionally, obtaining medical records right away creates a clear link between the accident and any injuries you may develop later. This documentation can strengthen your legal claim by providing evidence that your injuries resulted from the crash, helping you pursue fair car accident compensation.

After your initial evaluation, protecting your claim requires ongoing diligence. If you are diagnosed with an injury, be sure to follow all of your doctor’s instructions, take prescribed medications as directed, attend all follow-up appointments, and complete any recommended physical therapy. Additionally, be mindful of your social media activity—posting pictures or updates that suggest you are physically active could be used to challenge the severity of your injuries.

Step 4: Notify Your Insurance Company, But Be Careful What You Say

You should report a car accident to your insurance company as soon as possible, ideally within a few days. Most insurance companies require immediate reporting, even if you were not at fault, because Kentucky follows a no-fault insurance system. This means your own insurance policy may cover medical expenses and lost wages through Personal Injury Protection (PIP), regardless of who caused the crash. Additionally, if the accident resulted in $500 or more in damages, injuries, or death, you are required to report it to the Kentucky State Police within 10 days of the incident.

Even though Kentucky is a no-fault state, it’s still important to be cautious about what you say when reporting the accident to your insurance company. Your statements can influence the outcome of your claim or future claims, especially if the accident involves serious injuries or if fault is disputed. You should avoid:

• Prematurely accepting blame by saying, “I’m sorry” or “I didn’t see the other driver”
• Speculating on any details of the crash, such as whether the other driver was intoxicated or distracted
• Claiming injuries you do not have, as this can lead the insurance company to question your credibility
• Discussing previous accidents, your personal life, or anything unrelated to the accident at hand

Instead, be sure to provide the insurance company with the following information:

• The exact details of the crash and what happened leading up to it
• All of the information collected at the scene (vehicle descriptions, damage, injuries, and the other driver’s contact and insurance information)
• Report your actual injuries and send medical records upon request
• Send the police report to the physical or email address provided

By sticking to the facts and avoiding unnecessary speculation or admissions, you can better protect your claim and ensure it proceeds smoothly.

Step 5: Speak to a Car Accident Attorney to Understand Your Options

After a car accident, you should always think about consulting an experienced car accident attorney. Doing so will help you understand your options for recovering compensation. Situations that usually warrant legal intervention include accidents:

• Involving three or more drivers
• Involving commercial vehicles or government vehicles
• Resulting in severe injuries such as traumatic brain injuries, spinal cord injuries, burns, amputation, paralysis, or whiplash

It is also a good idea to speak with a lawyer if you think the insurance company is trying to lowball you with their settlement offer. Unfortunately, insurance companies are in the business of making money, so they will do everything possible to convince you to take a lesser settlement or deny your claim altogether. An experienced car accident lawyer knows the ins and outs of dealing with insurance companies and what to say to ensure you are represented appropriately.

Every Step Counts After an Accident

Hiring a lawyer might not be the first thing on your mind after a car accident, but the steps you take immediately after the crash can make all the difference if you later need to file a claim. Preserving evidence, seeking medical attention, and being cautious in conversations with insurance companies will help protect your rights. If you decide to seek legal help, you’ll already have everything in place for a strong case.

An experienced car accident attorney can guide you through the complexities of insurance claims, push back against unfair settlement offers, and improve your chances of a successful outcome.

Mike

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