What to Do After a Car Accident That Is Not Your Fault

by Gina Corena & Associates

posted in Las Vegas Personal Injury Attorneys on October 08, 2019

What to Do After a Car Accident That Is Not Your Fault

It can be exhausting when one has to deal with their insurance provider after a car crash. It’s even more of a nightmare dealing with the insurance provider of the other party to the crash. 

Some people might panic or lose their cool and wonder what steps to take. Accidents are prone to happen, and most of the time, it’s probably not your fault. 

Laws are there to protect everyone, including third parties. When caught up in such a situation, it’s advisable to contact a Vegas car accident lawyer for further guidance. 

First things first and here is what to do after a car accident that’s not your fault.

Be knowledgeable

Some people are usually ignorant when an accident occurs, especially if it’s the other party’s fault. When an accident happens, a driver who causes a crash is required by law to report the collision to their insurance provider. 

The aggrieved party shouldn’t assume anything, but should also report to their insurance company to mitigate future risks in case there’ll be a need to lodge a claim.

One should gather every minor detail of the accident and the other party. They need to take the registration number of the vehicle and obtain the name of the driver and their physical address. 

You should also have a quick glance at the insurance sticker and note down the name of the insurer, including the policy. If possible, speak to a few witnesses to get more information about the accident scene. It’s also crucial to take details of the witnesses and their telephone numbers.

If you have a smartphone, make sure to take photos as evidence and later have them printed. All this information is necessary when laying a claim or if a lawsuit follows thereafter.

You can often lodge a claim with your insurer through their digital app or the use of mobile phone apps.

Talking to the right people

After gathering the facts about the accident, you need to inform the other party’s insurance company about the details of the crash. The police will raise a ticket and investigate who caused the accident. 

The insurer investigates the nature of the accident and the person at fault. However, they may come up with findings matching or not matching the police’s findings.

Before repairing the car, one must make sure the insurance company accepts responsibility and liability. This authorization must be in writing to make it more credible. One may also request the insurer to send an email.

Understand the law

One needs to know the application of the law in their respective states. Different states may have varying laws in regards to lodging a claim and compensation. 

Others define the amount of time one should take when an accident happens, and if at all, they need to make a claim. Some states may demand prompt settlements for damages. Others may require a few days, and they may calculate the interest payable.

Be Wise

Most states require the insurance company to investigate the accident before denying claims or responsibility. Sometimes the driver at fault may want to protect their insurer and request the aggrieved driver to seek compensation from their insurer. This situation might complicate the whole issue since one’s insurer might pick a fight with the other insurer. 

However, if you choose not to involve their insurer, you’ll need to pick an attorney more so in cases of injury to present them when lodging a claim.  A lawyer understands everything to do with claims and will present a strong case in court.

Understand the nature of the coverage

One must understand the extent of their claim in case of an injury. Most people submit claims to the fault party’s insurance. However, if the person at fault is not insured, then they can lodge with their health insurance in case of injuries.

Some states require you to pay for PIP or “Personal Injury Protection,” and there are different recovery rules. 

The advantage of the PIP is that it will pay for the cost of medical care and lost income for failure to go to work. To receive the PIP awards, you must lodge a claim with your insurance. There may be a deductible expense when using the PIP.

Different states have different applications of the PIP while others may allow one to recover expenses not covered by the PIP from the other party’s insurance. Check with your insurance providers on the issue of third party claims.

Lodge a claim with your insurer

If you have irrefutable facts, you can request your insurer to claim on your behalf for damages or injuries. In cases of collision insurance, you can lodge a claim with the carrier who will pay for repairs or the vehicle’s loss.

However, note you’ll have to pay for collision deductible to repair their vehicle. This money is recoverable if your insurance company claims from the other insurer.

Things can get complicated if the other party is uninsured, or doesn’t have UMPD (Uninsured motorist property damage). Either way, you shouldn’t panic since you can still lodge a claim for compensation for their car’s damages. 

Also, you won’t have to pay for deductibles. Even if one claims using their policy, the rates do not change or increase. Some states prohibit insurance companies from surcharging their clients or even raise rates in case of accidents caused by other people. 

Nonetheless, some insurers may be unwilling to continue with the policy at renewal should they feel the claims are too frequent. 

It’s essential to keep a record of emails with the insurance companies capturing the dates and details of the insurance agents, including their names.

Lastly, don’t admit a fault since this may work against you despite trying to do a good deed. If you’re caught up in an accident where you’re not at fault, it’s vital to contact our office today and discuss the options available.

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