It is crucial to take the appropriate steps and avoid common mistakes if you have been involved in a car accident that was not your fault. Any driver in the Tampa area can fall victim to a car accident, regardless of how careful they are on the road. Unfortunately, the fault of others on the roads around Tampa, Palm Harbor, and the Pinellas Peninsula can sometimes result in even the most cautious drivers getting into an accident.
If you find yourself in a car accident that was not your fault, it’s crucial to take the proper steps to protect your legal rights. As an innocent driver, it’s essential to understand what actions you should take in the aftermath of the accident. Below are the steps you should follow if you’ve been involved in a car accident that was caused by a negligent driver.
Make Sure You Are Safe
In the event of a car accident that's not your fault, your first priority should always be your safety and the safety of your passengers. To ensure this, take the following steps:
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Move your vehicle to a safe area away from the flow of traffic.
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Turn on your car's hazard lights to alert other drivers.
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Check yourself and your passengers for injuries.
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Move your vehicle out of traffic, but remain at the scene of the accident. If the other driver leaves, stay at the scene and follow the remaining steps.
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Once you're in a safe location, stay in your car and activate your hazard lights.
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Call 911 immediately if you, your passengers, or another driver is injured.
Contact The Police
If there are no injuries that require emergency medical care, it's important to call the police in the event of a car accident, regardless of the extent of the damage to your vehicle. As the driver is not at fault, there are several benefits to having the police come to the scene. The police report that they file will become a part of your insurance claim, including key information such as when and where the accident occurred, the drivers involved, and each driver's account of the crash. Additionally, some insurance companies may require a police report to process your claim. Having a police report that establishes you were not at fault can be helpful in bolstering your insurance claim.
Collect Evidence & Information
Before leaving the accident scene, you should exchange information with the other drivers involved in the collision. Even if the other driver is at fault, it is important to obtain their insurance information to recover medical expenses and car repairs. Make sure to gather the following information from the at-fault driver:
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Name, address, and phone number
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Insurance company contact information
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Insurance policy number
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Driver’s license number
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Car’s license plate number
It is also helpful to document the scene by taking pictures of the vehicle damage and the surrounding area. If possible, ask eyewitnesses for their names, contact information, and their immediate recollection of the events. Remember, the at-fault driver is responsible for reporting the accident to their insurance company, but it is important not to assume that they will do so.
Pay Attention To What You Say
It’s important to be mindful of what you say to other drivers after an accident. It’s best to avoid talking to them, but if you need to assess if anyone requires emergency medical care, be cautious not to admit responsibility. Avoid making statements that could be interpreted as admitting fault, such as:
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I’m sorry
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I didn’t see you
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I am perfectly fine
These statements could be used against you by the other driver’s insurance company, which may dispute their insured’s fault and potentially delay or reduce your compensation claim. Furthermore, refrain from offering to pay for property damage or injuries and do not discuss fault.
Contact Your Car Insurance Company
It is wise to notify your insurance company even if you were not at fault for the accident. Typically, the insurance company of the at-fault driver will cover your damages and injuries. However, in some cases, your own insurance company may become involved. For instance, the other driver’s insurance company may allege that you were responsible for the accident. Your insurance company will require your description of the event and supporting evidence to challenge the other insurer’s refusal to accept liability.
Seek Medical Assistance
It is highly recommended that you seek medical attention after a car accident, even if you believe you are not injured. Injuries may not become apparent until several hours after the accident. If you experience symptoms such as confusion, tingling in your arms or legs, or loss of consciousness, call 911 immediately as your injuries may be severe.
If you experience stiffness, muscle soreness, neck pain, or back pain one to several days after the accident, it is important to consult a doctor. You may have sustained whiplash or spinal injuries that require medical attention.
Make sure to document your symptoms in a record or journal, and provide your healthcare provider with an honest description of your experience. Insurance companies may accuse you of exaggerating or lying about your injuries, which can delay your compensation and create issues in resolving your claim. If you encounter difficulties with the insurance company, having medical records will support your injury claim.
Have A Florida Car Accident Attorney Review Your Case
To ensure you receive a fair settlement after a car accident that was not your fault, it is crucial to consult a personal injury attorney as soon as possible. Abrahamson & Uiterwyk Car Accident & injury lawyers in Tampa are available to guide you through the next steps.
Before speaking with an insurance adjuster, it is advisable to contact a car accident attorney. Although adjusters may appear friendly, it's important to remember that they work for the insurance company and not for you. Insurance companies aim to avoid paying out claims, and adjusters may record your statements and request you sign medical releases or liability waivers that could lower your settlement.
By consulting with a Florida car accident lawyer before engaging with an adjuster, you can protect your chances of receiving a fair settlement without reducing or destroying your chances of compensation.
