You’re driving, minding your own business and paying attention to the traffic in front of you. All of a sudden, someone turns left into you, rear-ends you or sideswipes you. Car accidents are unpredictable, and even if you follow every traffic law, someone else’s negligence can result in an accident.
It’s up to you to protect your rights and fight to be made whole again.
Insurance companies may try to pass the blame to you for the accident. Insurers often offer a lowball settlement offer in hopes that you’ll say, “yes,” and they have to pay out less than you deserve.
The steps after a car accident must be intentional with the aim of protecting you. You should call a personal injury lawyer as soon as possible and follow these key steps to safeguard your rights.
What to Do After A Car Accident That Is Not My Fault?
Car accidents cause immediate anxiety and stress, leading many to waste valuable time while trying to calm their emotions. Your first course of action is to:
1. Call 911
Report your accident to the police and wait for them to arrive at the scene. You should request an ambulance be sent to the scene, even if you don’t “think” that you have any injuries. Following this step helps you:
- Establish that there was an accident and have a police report to back up your claims.
- Verify that you have or do not have injuries that require immediate attention.
Avoid being too emotional with the officer who arrives at the scene or with the opposing driver. You may not be at fault for the accident, but this is something that we’ll work to prove on your behalf.
2. Document the Scene
If you have injuries, remain in your vehicle until help arrives. Otherwise, spend this time taking photos and videos of the accident scene, as long as it is safe to do so. You must document:
- Vehicle positioning
- Damage
- Injuries
Immediate evidence of the accident scene will prove invaluable when trying to prove your claim. In the event that your vehicle is not in a safe location and you cannot exit the vehicle safely, skip this step.
3. Contact Your Insurance Company
Your insurer wants to know that you’ve been in an accident. Notifying your insurer ASAP is the right step to take, but there are a few key things we want you to remember:
Avoid telling your insurer anything that may be used against you. Tell the truth, but do not provide all of the small details that could possibly be used to point the blame on you.
- Provide as much evidence as you can to the insurer.
The other driver’s insurance company may call you, but you do not have to talk to them just yet. You’ll want to cooperate with the insurer if you file a claim with them against the other driver, but be very careful of everything you say. A lawyer can speak to the insurer on your behalf, which is always in your best interest.
If you follow these steps after a car accident, your next step is to contact a lawyer.
Should You Hire A Lawyer After A Car Accident?
If you were involved in an accident you didn’t cause, having legal representation can give you an advantage.
A personal injury lawyer can:
- Alleviate the stress of dealing with the insurance company. They will handle all communication on your behalf, so you can focus on your recovery.
- Negotiate to help you secure fair compensation for your injuries. Experienced attorneys know the tactics that insurance companies use to avoid paying fair settlements. Your attorney will build a compelling case and fight back against the insurance company’s tactics to achieve the best possible outcome.
- Take your case to trial if necessary. Most cases settle out of the courtroom, but if the insurance company refuses to come to a fair settlement and going to trial may produce a positive outcome, having an attorney will be essential.
A lawyer may also be able to assist you with things like renting a car after an accident to help you get back to your normal routine.
How Long After A Car Accident Can You File A Claim?
If you’re involved in an accident that wasn’t your fault, you have a limited window of time to file a claim. The statute of limitations on filing a personal injury claim varies from state to state.
- Tennessee: 1 year from the accident date
- Florida: 2 years from the accident date
- Georgia: Generally, 2 years from the date of the accident
- Arizona: 2 years from the date of the accident (some exceptions apply)
- Mississippi: 3 years from the date of the accident
Tennessee has a very brief statute of limitations, so it’s important to act quickly if you wish to file a personal injury claim.
In any case, it’s always best to file a claim as soon as possible. Waiting to take action can put you at a disadvantage.
- Important evidence may only be available for a limited time, such as CCTV footage and physical evidence. Witness memories may also fade over time, making it more difficult to corroborate your story.
- Your injuries may worsen. What may seem like a minor injury today may turn out to be something more serious. That mild headache you had after the accident may turn out to be a concussion. Brain injuries are notorious for going unnoticed at first. Delaying medical treatment and filing a claim may make it more difficult to prove that the accident was the root cause of your injury.
- Seeking damages takes time. To ensure you’re properly compensated, your attorney must consider how the accident and injury will impact your life now and in the future. Additionally, the process of seeking and receiving compensation takes time. The longer you delay filing your claim, the longer you will have to wait to receive your compensation.
To achieve the best possible outcome in your case, start the process of filing a claim as soon as possible after the accident.
If you were injured in an accident caused by someone else’s negligence, the experienced attorneys at Keller Swan can help you navigate every step of the claims process. We know that car accidents can upend your life. We’ll help you seek maximum compensation for your injuries.