What to Do After You’ve Been in an Accident That’s Not Your Fault
By: John Foy
Tags: Lawyers, Attorney, Car Accident Lawyer

When you become involved in an accident that you did not cause, you will either need to go to court over the matter or you will need to go through the at-fault individual’s insurance company. When you aren’t at fault, you’ll need to provide paperwork and proof that the other individual caused the accident, so their policy will pay for your medical costs, time away from work, and repairs or replacement of your damaged vehicle.

It can be tough to know what to do in the moment of a car accident. Your body likely goes into shock which makes it tough to keep things straight. For that reason, most insurance companies and most personal injury attorneys recommend that you keep a checklist in your vehicle that you can quickly see or access so you can remember what steps to take. This helps make sure you don’t miss anything, and you provide the best possible information to your car accident attorney in Augusta.

1. After a car accident that you did not cause, your first task is to remain calm. You need to think as clearly as possible. Pull out this checklist if you can. If you feel significant pain, you should not attempt to move.

2. Call 911. If your vehicle has onboard navigation and an emergency system like On-Star, the service will likely monitor the crash impact and contact you using the in-auto system. While it may seem strange to hear this seemingly disembodied voice in your vehicle, if you can respond to them, they can help you document what happened and provide a recording of the call. They can also provide the crash impact data. If you cannot move to use your cell to phone help, they can phone you. Even in cases where you could call, they typically do so for you. If you cannot respond because you were knocked out, the service phones help you automatically. If you do not have this type of service, phone 911 using your cellphone.

3. Check on your passengers if you have any in the vehicle with you. Once you know that everyone is okay, you can proceed with other steps in documenting the accident. If anyone gets knocked unconscious or says their neck or back hurts, advise them not to move at all. Convey this information to the 911 operator. Also, note if any other individuals involved in the accident seem injured. Let 911 know of this as well.

4. Wait for the authorities and remain at the accident scene until the police tell you that you can leave. Even if you have not been injured and simply traded information with the other driver, you should wait for the police. The responding officer will provide you with permission to leave the scene. They will tell you if you’ll need a tow truck for your vehicle or if it would be legal for you to drive the damaged vehicle home.

5. Document your recollection of the events as they occurred. You can record this using the audio recorder on your cellphone or, if you have On-Star or a similar service, you can tell the operator who contacts you what occurred. Provide succinct details.

6. Turn on your hazard lights. If you can get out of the vehicle without harming yourself, you can do so to assess your vehicle’s damage. Using your cellphone, take pictures of the vehicle damage. Write down or note using speech to text any vehicle damage. Also, take pictures of the accident from various angles. If you can safely cross the street to take photos from that view, do so.

7. Get back into your vehicle. Move your vehicle off of the road if you can drive it. Drive it onto the furthest shoulder of the road. This moves it away from oncoming traffic while keeping it right next to the scene of the accident.

8. When the police and other emergency workers arrive, meet with them as needed. The police will measure the skid marks, photograph the scene, interview witnesses, and talk to any people directly involved in the accident that remain conscious. They will document all aspects of the accident and may contact various nearby businesses for security camera video to determine the at-fault party. If a traffic camera recorded the accident, they will note the camera and later access the information. You should obtain a copy of the police report after it is complete. This can provide vital evidence in the insurance company’s determination of liability. You can also use it to negotiate with the insurance company.

9. Provide the responding police officer with your name, street address, phone number, and insurance information. They gather this information as a part of their standard procedure.

10. You also need to obtain the name and contact information of each individual involved in the accident, but especially the person you believe to be at fault for the accident. You will also need their insurance information. Make the exchange of contact information your only contact with the other involved party.

11. Never mention the fault of the accident at the scene. Do not accept or assign blame.

12. Document what any witnesses present saw. You need to obtain their names, phone numbers, and addresses, too. This lets your insurance agency or attorney easily contact them for more information. Also, use the audio recorder on your cellphone to have each witness individually describe what they saw. Make sure you have each person self-identify on the recording. Make notes, too, if possible. Your attorney can use this information to improve the settlement you receive so long as everything points to the fault genuinely belonging to the other driver.

13. Each month nearly 3,500 people are critically injured in speed-related crashes in Georgia. Contact a personal injury attorney in Augusta who specializes in car accidents. Retaining an attorney should not cost you any money upfront. Most personal injury attorneys work on a contingency basis. They will pull their service fees from your settlement. This lets you obtain good quality legal counsel to get the best possible settlement from the accident.

14. Confer with your attorney before accepting any settlement offer from the at-fault driver’s insurance company. The first offer typically comes a few days after the accident. Confer with your attorney before accepting this. You may want to direct the other driver’s insurance company to send all contact through the attorney to avoid these issues. Your attorney will tell you when the insurance company has made a good offer and when you should counter-offer.

Whenever you become involved in a car accident, phone a lawyer who specializes in car accidents and personal injury in Augusta. This can provide you with the best results possible.