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

A car accident can be a scary and traumatic experience, especially when it’s caused by another person’s negligent actions. If you have been in a car accident in Gulfport that was not your fault and are unsure of what you’re supposed to do after, the immediate aftermath can be confusing. However, you need to take proactive steps to safeguard your ability to file a claim for compensation. In this article, we explain in 10 steps what you can do to protect your health and your right to fair compensation.

1. Prioritize Safety and Seek Medical Attention

Before anything else, check yourself and anyone else for injuries and, if possible, move to the side of the road. Contact the emergency authorities and receive paramedic attention when they arrive. Adrenaline and shock can mask injuries, so you should have a medic look you over at the scene, even if you feel OK in the moment.

If you do not require further immediate emergency attention, you should schedule an appointment with your doctor ASAP. You’ll need a diagnosis and copies of medical documentation and bills to file a claim.

2. Call the Police and Get an Official Report

In Mississippi, you are required to contact the police after a car accident resulting in death, injury, or at least $500 in estimated property damage. Once the police arrive, they’ll fill out an accident report. Ask the responding officer for a copy of this report, or ask where to obtain a copy later after it’s processed. This report can serve as an unbiased account of the accident events and will be a key piece of evidence in your claim.

3. Exchange Information

Do not leave the scene without exchanging information with the other driver(s). Get their name, phone number, and their insurance policy information (insurer name, policy number, and phone number). You should also note the make, model, and license plate number of the other vehicle. You should also get the contact information of eyewitnesses if any were present. Eyewitness statements can corroborate your version of events and place fault on the other driver.

4. Watch What You Say

During the claims process, you need to be careful when discussing your accident or injuries. Don’t talk to insurance company representatives without legal assistance, and avoid casually discussing your pending legal claim. Casual statements can be used against you if you are not careful, including things you say in social media posts. Ideally, you shouldn’t discuss your car accident claim process with anyone except legal counsel.

 

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5. Document the Scene

Strong documentation is the key to a successful injury claim. Take pictures of the accident scene, including your injuries and vehicle damage. Make notes of any contributing factors, like the weather, road conditions, or the presence of obstructions. You want enough evidence that your attorney can reconstruct the sequence of events and identify the causally responsible party or parties.

6. Consult a Gulfport Car Accident Lawyer

Before contacting any insurance company, be sure to speak with an experienced Gulfport car accident lawyer who can support your right to fair compensation. They can investigate the accident to determine liability, calculate the fair cost of your claim, and represent you in settlement negotiations with the at-fault driver’s insurance provider.

7. Notify Your Insurance Company

Once you’ve engaged legal counsel, it’s time to report the accident to your insurance provider. Your policy requires you to report accidents, even if you are not at fault. If the at-fault driver doesn’t have insurance or lacks sufficient coverage, you can use your auto policy’s uninsured/underinsured motorist coverage, provided you have this optional coverage. You should also notify your insurer in case the other driver tries to file a lawsuit against you.

8. Understand State Laws and Insurance Coverage

Before filing a claim, you need to understand the laws and regulations concerning car insurance in Mississippi. All Mississippi drivers must carry minimum liability coverage that will pay for other people’s injuries and property damage when they cause an accident. Coverage is subject to policy limits that establish the maximum amount a given policy will pay. Auto policies in Mississippi follow the vehicle, not the driver, so as long as the driver has permission from the car owner, the owner’s policy will apply.

9. Establish Fault

Establishing that another person is at fault for the accident is the most important part of your claim. In most cases, car accident fault determination stems from negligence, a legal term for a failure to act with appropriate care under the circumstances. Common examples of negligent driving include the following:

  • Speeding
  • Texting and driving
  • Ignoring stop signs
  • Not using turn signals
  • Following too closely
  • Failing to yield
  • Driving while intoxicated
  • Fatigued driving

If the other driver’s negligent behavior caused the accident, they are legally liable for the consequences.

Other potential causes of car accidents can include defective auto parts, like brakes, or poorly maintained roads. In each case, an attorney will investigate to figure out which individuals or groups bear responsibility and hold them accountable for your injury-related losses.

10. File Your Claim

Once you’ve completed the preceding steps, you can file your insurance claim. During the car accident claims process, the insurance company will investigate the collision and the harm you suffered, then potentially offer you a settlement based on its determinations. Your attorney can push back if the insurer disputes your claim or tries to lowball your settlement. If necessary, they can also file a lawsuit and take your matter to court.

 

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Talk to Our Gulfport Auto Accident Attorneys Today

After a car accident, you need a Gulfport car accident attorney who can assess your options and protect your right to financial compensation. Haug, Farrar, Franco & Ruiz, PLLC, can investigate your claim and provide the critical legal support you need to recover your losses. Our record of verdicts and settlements for car accident victims speaks to our commitment and dedication, as does our track record of satisfied clients. Here is what one had to say:

“Highly satisfied and would most definitely recommend Jonathan Franco and his office. He is understanding, caring and easy to relate to. Appreciate all your help this past year.” Nicky O.

Call (228) 872-8752 or use our contact form to speak to a car accident injury attorney in Gulfport. Consultations are free and without obligation, and you pay nothing unless you recover compensation on your accident claim, so you have nothing to lose by scheduling a case review.