After the Accident
Call 911 if anyone is injured, seek medical attention, and report the accident to the police and your insurance company. It is also important to contact a qualified attorney as soon as possible. Avoid giving detailed statements to insurance companies until you have received legal advice.
If you have the opportunity, take photographs of the accident scene and your injuries, and collect the contact information of any witnesses. Evidence gathered from the start is key to supporting a claim.
Yes, you should seek medical attention after an accident, even if you feel fine. It is essential both to protect your health and your legal rights.
Some injuries can take days, weeks, or even months to appear, but a doctor can detect them early. If you do not receive proper medical care and your injuries worsen, the other party could argue that you bear some responsibility for their severity. This could negatively affect a future legal claim.
Fault is determined by analyzing the available evidence, such as police reports, witness statements, medical records, photos, and expert opinions when necessary. Insurers evaluate the gathered evidence according to varying state negligence laws.
Depending on the jurisdiction, comparative negligence (pure or modified), contributory negligence, or a no-fault system with mandatory personal injury coverage may apply. If the insurance companies disagree, internal arbitration may occur before the case goes to court. Ultimately, a court ruling will establish who is entitled to compensation and to what extent.
Not always. Several states prohibit insurers from raising your rates if you were not at fault in a collision, while others allow a small increase or the removal of good driver discounts, depending on the plan each insurer has filed with the state.
Whether your premium increases will depend on the specific laws of your state and the rules your insurer has on file with the state insurance department. Even in states where such an increase is permitted, it is usually smaller than when you are at fault, and in many cases it can be reversed if you later demonstrate that you were not responsible.
Legal Process
Generally, you have two years from the date of the accident to file a lawsuit, although this deadline varies by state and certain exceptions may apply.
This filing period is known as the statute of limitations. If you do not file your lawsuit within the established deadline, you could lose your ability to seek compensation for your injuries. It is therefore crucial to act quickly and consult with a qualified attorney to begin the legal process in a timely manner.
Video recordings — especially those from dashcams or nearby surveillance cameras — are typically the most effective evidence for determining who caused an accident. Photos of the scene and impartial witness statements are also very useful as a complement.
Videos allow a direct and unambiguous view of how the accident occurred, showing the exact actions, positions, and movements of the vehicles involved. Photographs clearly capture the damage and the specific road or environmental conditions at the scene. Witness statements can complement this visual evidence, provided they are independent and consistent.
Compensation
Yes, in most states you can claim compensation for pain and suffering in addition to medical expenses and lost wages. Whether you are eligible will depend on the specific circumstances of the accident and the applicable state laws.
Pain and suffering compensation is generally classified as non-economic damages and includes both the physical pain and emotional distress caused by the injuries. An experienced car accident attorney can evaluate the details of your case to determine whether you qualify for this type of compensation.
Medical Bills
Your medical expenses may first be covered through Personal Injury Protection (PIP) coverage or Medical Payments (MedPay) coverage included in your auto policy. If you do not have these coverages, your health insurance may cover the costs; and if you have no health insurance, some providers may agree to defer payment through a lien or a “letter of protection.”
The at-fault driver’s insurer only reimburses these costs once their liability has been formally established, either through a settlement or a court verdict. In no-fault states, PIP coverage is mandatory and must be exhausted before your health insurance kicks in. In other states, MedPay is optional coverage. Review your policies carefully and consult with a specialized attorney to avoid unexpected medical debt.