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There’s no question that being involved in any car accident is stressful, especially when there’s significant damage to your vehicle or you’ve sustained an injury. What’s even more frustrating is when the accident was caused by someone else.
The actions you take immediately after a car accident can influence fault determination and affect how much you can recover from the other party. Here’s a step-by-step guide on what to do after a San Diego car accident that is not your fault.
1. Report the Accident
Any time there is a car accident with property damage or bodily injury, the incident must be reported to the authorities. This means calling 911 and remaining at the scene until the police arrive. An exception to this is if you require immediate medical attention.
2. Gather Evidence
Evidence gathering is key to allowing insurance companies to determine fault and giving your attorney ample tools to argue your case. This is one of the most critical steps to take after a San Diego car accident that is not your fault.
It’s recommended to collect the following types of evidence:
- Photos and videos of vehicle damage, injuries, skid marks, and other items in your surroundings related to the accident
- Contact information of the other parties, including names, addresses, phone numbers, email addresses, and the vehicle license plate number
- Notes about the date, time, weather conditions, and road hazards that contributed to the crash
3. Get Witness Statements
If anyone observes the circumstances of the accident, their account of what happened can be essential. The police will likely take down these statements in their police report, but if you can get their contact information and document their account of events, it could be helpful.
4. Seek Medical Attention
Even if you don’t notice an obvious injury, it’s imperative that you seek medical attention as soon as humanly possible. This helps to protect your health, and it can also preserve an insurance claim or settlement if you later find out that you were seriously hurt.
For example, if you delay going to the doctor and later try to say that you're injured, the insurance company is likely to question the validity of your statement.
5. Consult With a Car Accident Attorney
Insurance companies are not your friends, and the at-fault driver’s insurance company will do anything possible to minimize the amount of compensation they offer. They could even reverse the tables and say the accident was your fault!
By working with a car accident attorney, you’ll have an advocate on your side who can negotiate with insurance companies on your behalf, gather evidence to build your case, and file a personal injury lawsuit if necessary.
6. Avoid Common Mistakes
There are a lot of not-so-obvious pitfalls that can derail your case, and being aware of what not to do is just as important as knowing what to do after a San Diego car accident that is not your fault.
Specifically, you should never admit fault. Delaying medical treatment is also a mistake, as is posting on social media while your case is pending. The reason for that is that anything you post can be used against you and could hurt your case.
Contact a San Diego Car Accident Attorney
Knowing what to do after a San Diego car accident that is not your fault is integral to protecting your rights and securing compensation. By compiling ample evidence, seeking medical attention, and consulting an attorney, you can put yourself on a path to navigating the process with minimal stress and friction.
To learn more about how The Law Office of Elliott Kanter can help, call us at (619) 231-1883 or contact us online.
