What to Do After a Car Accident That’s Not Your Fault
If you are ever in a collision in Rose Park, Utah, an experienced car accident lawyer would advise you to notify the police, seek medical attention and contact your insurance provider. They’ll cover the damages up to $3,000 or your personal injury protection (PIP) limit, but be forewarned — that’s rarely enough to fully compensate an accident victim.
In that event, how could you recover compensation? Utah has a no-fault insurance system for collisions, so what should you do after a car accident that’s not your fault?
Although Utah may be a no-fault auto insurance state, that doesn’t mean fault is unimportant in a collision. Once your PIP benefits are exhausted, state law allows you to file a claim for damages sustained in a car accident – and the issue of fault has a direct impact on the amount of compensation you recoup.
Establishing that another motorist is to blame for a collision is the key to successfully recovering damages. Here, a leading car accident lawyer in Rose Park, Utah, explains what you can do to help prove you are not at fault in a car crash.
Prepare to Defend Yourself
It’s unfortunate, but insurance companies do their utmost to avoid paying accident victims the amount they deserve. So, while the details of a collision may be crystal clear in your eyes, you can expect your version of events to be challenged. Treat the situation as if it could lead to a court battle, as there’s a chance that could occur.
Two actions make a major difference in the outcome of a claim for damages – collecting evidence and consulting with a car accident lawyer. To be fairly compensated for your losses, you’ll need to prove that:
- You sustained injuries and your vehicle was damaged.
- The car crash was the direct cause of your injuries and vehicle damage.
- Another motorist’s negligent or careless conduct caused the accident.
Experienced car accident lawyers know what it takes to prove fault in a car crash, and with a lawyer in your corner, you’ll have the help you need to get the compensation you deserve. That said, doing the following can help set the foundation of your defense.
Documenting the Crash Site
Seasoned car accident lawyers know that pictures and videos taken at the scene of the accident can be instrumental in proving fault. If you’re too injured to perform this task, ask a passenger or witness to the collision to get images showing:
- The damage done to your car and the others involved
- Each car’s license plate and manufacturer’s emblem
- The exact position of each vehicle after the crash
- The weather conditions at the time of the car accident
- Any broken glass, debris and skid marks on the road
- Any pertinent stoplights, traffic signs and road markings
- Any nearby potholes or hazardous roadway obstructions
- Any cuts, bruises, open wounds or other visible injuries
Car accident lawyers recommend snapping close and wide-angle shots from several positions, including the perspective of the other motorists involved. When photographing the crash site, aim to get more images than what seems necessary. With everything that needs to be documented, it wouldn’t be uncommon to have over 100 pictures and videos.
Getting a Police Report
Law enforcement should be called to the scene of any car accident in Rose Park, Utah. The responding officers will make a report that contains details about the collision, including:
- The date, time and location of the incident
- Names and contact information of all involved parties
- Information about the vehicles in the crash
- A description of the lighting and road conditions
- Notes on any vehicle and property damage
- A detailed diagram of the accident scene
In addition, the police report may include the officers’ opinions about what happened – and unlike the involved motorists, they are able to objectively document the incident. Any traffic violations or tickets issued will also be noted, and if the report indicates that another person is at fault, this may be powerful evidence for your claim.
Following Medical Advice
Any experienced car accident lawyer would tell you to seek medical attention after a collision. This is an obvious step to take if you’re injured, but seeing your doctor or going to the emergency room is essential even if you feel fine – with your adrenaline pumping, you might not notice you’re hurt.
Getting assessed by a physician also matters if you plan to file a claim for damages. Without proof of the injuries you sustained and the medical care you receive, the insurance company may:
- Make a case that you weren’t hurt in the car accident
- Allege that you were already dealing with the injuries in the claim
- Agree that you were injured, but not as severely as you describe
Following all medical advice is just as important as getting a physician’s assessment of your injuries. Missing appointments or skipping treatments can lead to lower settlement offers, as the insurance company will see that as evidence that you need no medical care. The reason doesn’t matter – failure to follow the advice of your doctors has the potential to damage your case.
As we mentioned above, the assistance of a skilled car accident lawyer can be crucial when you’re trying to prove that you aren’t at fault for a collision. In Rose Park, Utah, Chris Cockayne at Cockayne Law is ready to help – for a free consultation with a leading local car accident lawyer, contact our office anytime.
