Car accidents occur when one or more motor vehicles cause harm, either to the other vehicle, to another's property, or to the life or person of a driver or onlooker. If you're sure the accident wasn't your fault, take a look at the following checklist to determine your next steps.
Assess the damage: Not just damage to the car but your own condition. Victims are often running on adrenaline and try to shake off a pain in their neck or ringing in their ears. Delaying examination by a doctor is a bad idea. But if there will certainly be no medical bills from the incident, then you have been involved in what is legally deemed a "trivial," accident i.e. one in which there are only property damages to the cars involved. If this is the case, work through the insurance company and forgo calling a lawyer unless their company gives you trouble.
Assess all vehicles for mechanical issues. A mechanical issue could be a deflated tire, a bent rim, a loose joint or fitting, or even a cracked windshield. Look at the other person's car too. Then survey your surroundings and determine if there were problems on the road that led to the crash, such as a pothole, debris, or an animal. If this was the case, you cannot file a claim against the other driver. You will instead be dealing with a defunct product case against their mechanic, or worse yet, against the city. If you do notice possibility of a defunct product or condition that caused the crash, do not rule out the other party's culpability just yet. Maybe a combination of the product deficiency plus their own negligence is what caused the collision.
Determine the type of culpability. When assessing the culpability of the other party, keep careful notes so you can report it to the police or your attorney. Their culpability will usually fall into any combination of the following categories: Distraction: This is a very broad term that includes texting while driving, talking on their cellphone, changing the stereo, operating the on-board navigation system, or even looking at another passenger. Intoxication: This one should be easy to assess. Don't just look for signs of drunkenness, examine the other party for signs of stimulant use (sweating, easily distracted, darting vision, and/or red eyes), and use of depressants (drowsiness and/or difficulty communicating). Traffic law violation: Your chances of compensation will be improved if you can demonstrate a traffic law violation. This can include failing to use turn signals, tailgating, failing to heed road signs, and other violations based on local law.
Think about getting a lawyer. It is imperative to receive a medical examination immediately following your accident even if you feel okay and/or are uninsured. The health care costs will be part of your claim. If the doctor gives you a clean bill of health, do not seek legal assistance but work through the other party's insurance company. If their company won't pay the full cost of damages, whether these be medical, property, lost wages, rental car costs or others, then seek legal help. If they delay payment for whatever reason, seek help. Lastly, if the other party is uninsured, do not allow them to leave the scene, call the police and obtain legal advice immediately.
Assess the damage: Not just damage to the car but your own condition. Victims are often running on adrenaline and try to shake off a pain in their neck or ringing in their ears. Delaying examination by a doctor is a bad idea. But if there will certainly be no medical bills from the incident, then you have been involved in what is legally deemed a "trivial," accident i.e. one in which there are only property damages to the cars involved. If this is the case, work through the insurance company and forgo calling a lawyer unless their company gives you trouble.
Assess all vehicles for mechanical issues. A mechanical issue could be a deflated tire, a bent rim, a loose joint or fitting, or even a cracked windshield. Look at the other person's car too. Then survey your surroundings and determine if there were problems on the road that led to the crash, such as a pothole, debris, or an animal. If this was the case, you cannot file a claim against the other driver. You will instead be dealing with a defunct product case against their mechanic, or worse yet, against the city. If you do notice possibility of a defunct product or condition that caused the crash, do not rule out the other party's culpability just yet. Maybe a combination of the product deficiency plus their own negligence is what caused the collision.
Determine the type of culpability. When assessing the culpability of the other party, keep careful notes so you can report it to the police or your attorney. Their culpability will usually fall into any combination of the following categories: Distraction: This is a very broad term that includes texting while driving, talking on their cellphone, changing the stereo, operating the on-board navigation system, or even looking at another passenger. Intoxication: This one should be easy to assess. Don't just look for signs of drunkenness, examine the other party for signs of stimulant use (sweating, easily distracted, darting vision, and/or red eyes), and use of depressants (drowsiness and/or difficulty communicating). Traffic law violation: Your chances of compensation will be improved if you can demonstrate a traffic law violation. This can include failing to use turn signals, tailgating, failing to heed road signs, and other violations based on local law.
Think about getting a lawyer. It is imperative to receive a medical examination immediately following your accident even if you feel okay and/or are uninsured. The health care costs will be part of your claim. If the doctor gives you a clean bill of health, do not seek legal assistance but work through the other party's insurance company. If their company won't pay the full cost of damages, whether these be medical, property, lost wages, rental car costs or others, then seek legal help. If they delay payment for whatever reason, seek help. Lastly, if the other party is uninsured, do not allow them to leave the scene, call the police and obtain legal advice immediately.
