What Should I Do If I’m Injured in a Car Accident That’s Not My Fault?

A car accident can be a life-altering event, especially if you suffer injuries due to another driver’s negligence. Beyond the immediate pain and emotional distress, accident victims often face mounting medical bills, lost wages, and difficult negotiations with insurance companies. In some cases, insurers may attempt to reduce or deny claims, leaving victims struggling to recover financially.

If you or a loved one has been injured in a car accident that wasn’t your fault, it’s essential to understand your rights, the claims process, and how to fight for the compensation you deserve. This guide will cover everything you need to know, including proving liability, dealing with insurance adjusters, understanding compensation, and knowing when to hire a personal injury lawyer.

Immediate Steps to Take After a Car Accident

Your actions following a car accident can significantly impact your injury claim. By taking the right steps at the scene, you can help strengthen your case and ensure that you receive fair compensation for your losses.

1. Prioritize Safety and Call 911
   Immediately after the accident, check for injuries. If you or anyone else is hurt, call 911 for medical assistance. Even if injuries don’t seem serious at first, some conditions, such as internal bleeding or whiplash, can take hours or even days to manifest.

Even if no one is injured, you should always call the police. A police report will serve as official documentation of the accident and can be valuable evidence when filing an insurance claim.

2. Gather Evidence at the Scene
   If you are physically able, collect as much information as possible to support your injury claim.

• • Take photos and videos of the accident scene, vehicle damage, injuries, traffic signals, and skid marks.
  • Get contact information from witnesses who saw the crash.
  • Write down important details such as the time, location, road conditions, and weather.

3. Seek Medical Treatment Immediately
   Some accident victims make the mistake of delaying medical treatment because they don’t feel injured immediately. However, seeking prompt medical attention is critical for two reasons:

• • Your health is the top priority – Injuries like concussions, internal bleeding, and soft tissue damage may not show symptoms right away.
  • Medical records serve as key evidence – Insurance companies may argue that your injuries are not severe or were not caused by the accident if you wait too long to see a doctor.

Always keep all medical bills, prescriptions, doctor’s notes, and treatment records to support your claim.

4. Notify Your Insurance Company
   Most auto insurance policies require you to report an accident within a specific timeframe. However, when speaking with an insurance adjuster, stick to the facts and avoid making statements that could be misinterpreted as admitting fault.

If the other driver’s insurance company contacts you, be especially cautious. Their goal is to limit their liability and pay out as little as possible. Avoid providing recorded statements or accepting an early settlement offer without consulting a lawyer.

Understanding Liability in Car Accidents

Establishing fault is a critical step in any car accident injury claim. If you were not responsible for the accident, you must provide evidence that another party caused the crash.

How Is Fault Determined in a Car Accident?

Insurance companies, law enforcement, and courts consider several factors when determining liability:

1. Traffic laws and violations – If the other driver ran a red light, was speeding, or engaged in reckless driving, they may be found at fault.
2. Police reports – The official accident report may include citations, witness statements, and preliminary fault determination.
3. Physical evidence – Skid marks, vehicle damage, and surveillance footage can help reconstruct the accident.
4. Eyewitness testimony – Statements from neutral third-party witnesses can provide an objective perspective on what happened.

What Happens If the At-Fault Driver Is Uninsured?

If the at-fault driver is uninsured or underinsured, you may still have options to recover compensation:

• Uninsured Motorist (UM) Coverage – If you have UM coverage, your own insurance policy can help cover medical expenses and lost wages.
• Personal Injury Lawsuit – If the at-fault driver lacks insurance and assets, you may need to file a lawsuit to seek compensation.

Comparative Negligence and Partial Fault

Some states follow comparative negligence laws, meaning if you are found partially at fault, your compensation may be reduced.

For example, if you were 20% at fault in an accident, your total compensation may be reduced by 20%. In other states, if you are found to be more than 50% at fault, you may be barred from receiving compensation altogether.

 

Filing a Personal Injury Claim After a Car Accident

A personal injury claim allows accident victims to seek compensation for damages. However, filing a successful claim requires gathering the right documentation and navigating the legal process effectively.

Key Documents for Your Injury Claim

To support your case, you should collect the following:

• Police report – A crucial document that outlines details of the accident.
• Medical records and bills – Proof of injury and treatment costs.
• Photographs and videos – Visual evidence of damage and injuries.
• Proof of lost wages – If you missed work due to the accident.
• Insurance policy information – Details of coverage from both drivers.

How Long Do You Have to File a Claim?

Every state has a statute of limitations that sets a deadline for filing a personal injury lawsuit. In most states, you have one to three years from the date of the accident to file a claim.

Failing to file within this time frame may result in losing your right to compensation.

 

Types of Compensation You May Be Entitled To

If your claim is successful, you may recover various types of compensation:

Medical Expenses
This includes emergency care, surgeries, physical therapy, prescriptions, and future medical costs related to your injury.

Lost Wages and Loss of Future Earnings
If you are unable to work due to your injuries, you may be compensated for lost wages. If your injuries impact your ability to earn a living long-term, you may also receive damages for loss of future earning capacity.

Pain and Suffering
This covers emotional distress, chronic pain, PTSD, and loss of enjoyment of life due to the accident.

Property Damage
You may be reimbursed for vehicle repairs, rental car expenses, and personal property damaged in the accident.

 

When to Hire a Car Accident Lawyer

Not all car accident claims require legal representation, but hiring a lawyer can make a significant difference in certain situations.

Signs You Need an Attorney

1. The insurance company denies your claim or offers a low settlement.
2. You suffered serious or long-term injuries requiring extensive medical treatment.
3. The at-fault driver is uninsured or underinsured.
4. You are being blamed for the accident despite evidence showing otherwise.

How a Lawyer Can Help Maximize Your Claim
An experienced personal injury attorney can:

• Negotiate a higher settlement with insurance companies.
• Gather evidence and expert testimony to strengthen your case.
• Represent you in court if the insurance company refuses to pay.

Frequently Asked Questions About Car Accident Injury Claims

What should I do if I’m injured in a car accident that wasn’t my fault?
If you are injured in a car accident where you were not at fault, you should immediately seek medical attention, document the accident scene, report the incident to the police, and notify your insurance company. It is important to gather as much evidence as possible, including photos, witness statements, and medical records, to support your injury claim. Consulting a personal injury lawyer can help you understand your rights and maximize your compensation.

How do I get my medical bills covered after a car accident?
Your medical bills may be covered by various sources, including the at-fault driver’s insurance, your personal health insurance, or your own auto insurance policy if you have medical payments (MedPay) or personal injury protection (PIP) coverage. If the insurance settlement does not fully cover your expenses, you may need to file a personal injury lawsuit to recover additional compensation.

Should I talk to the other driver’s insurance company?
It is generally not advisable to speak directly with the other driver’s insurance company without consulting a lawyer. Insurance adjusters may try to get you to admit fault or accept a low settlement offer. If you must speak with them, stick to the facts and avoid giving recorded statements or signing anything without legal advice.

How long does it take to receive a settlement for a car accident injury claim?
The time frame for settling a car accident injury claim varies depending on the complexity of the case, the severity of the injuries, and whether the insurance company cooperates in negotiations. Some claims are settled in a few months, while others can take a year or more if a lawsuit is required. Cases involving serious injuries or disputed liability often take longer to resolve.

Do I need a lawyer for a minor car accident injury?
If your injuries are minor and the insurance company offers a fair settlement, you may not need a lawyer. However, if you experience ongoing pain, face medical expenses beyond what the insurance company is willing to cover, or believe your claim is being undervalued, consulting a personal injury attorney can be beneficial. A lawyer can ensure you receive the compensation you deserve and help you avoid being taken advantage of by insurance companies.

 

Contact Matzus Law, LLC Today

If you’ve been injured in a car accident, you shouldn’t have to navigate the legal process alone. Insurance companies often try to minimize payouts, leaving victims without the financial support they need.

Taking prompt action to document the accident, seek medical treatment, and file a claim can significantly impact the success of your case.

If you’re struggling to get fair compensation, contact Matzus Law, LLC today to schedule your free consultation.