Do I Call My Insurance if It’s Not My Fault?

Written By: Darl Champion

Date Posted: 05.01.24

Category: Car Accident

Car accidents happen daily, but unless you are involved in one, you likely don’t think twice about them. If you find yourself in this situation and the accident was not your fault, one of the first questions that may cross your mind is whether or not you should call your insurance company. The answer to this question is a resounding yes. In fact, calling your insurance company after an accident that was not your fault can protect your rights and ensure you receive the compensation you deserve.

An experienced car accident lawyer understands relevant issues of car accident cases and the importance of taking the proper steps. If you’ve been involved in a car accident, whether it’s your fault or not, consult with a car accident lawyer in Smyrna to guide you through the process.

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Reasons to Call Your Insurance Company After an Accident

Calling your insurance company after a car accident that was not your fault is a vital step in protecting your interests. Here are a few reasons why you should make that call:

  • Coverage for Your Accident: Your insurance policy may cover you and help you get compensation from the other driver’s insurance company. By contacting your insurer, you can understand what benefits or coverage may apply to your situation and how they can assist you in recovering your losses.
  • Avoid Paying for Your Own Defense: In some cases, even when the accident was not your fault, the other driver may still make a claim against you. By promptly informing your insurance company about the accident, you can avoid paying for your legal defense if this situation arises. Your own auto insurance company is contractually obligated to provide this for you.
  • Expedite Repairs and Reimbursement: Most insurance providers require you to report any vehicle damage or injuries resulting from an accident. By contacting your insurance company, you can expedite the process of getting your car repaired and receiving reimbursement for accident-related expenses.

Types of Applicable Auto Insurance Coverage You Might Have

Auto Insurance Coverage

When it comes to car accidents, always understand the types of auto insurance coverage you might have that you can rely on if necessary. Even if the accident was not your fault, your insurance could still play a vital role in protecting and helping you through the aftermath. Here are some common types of auto insurance coverage that may be applicable in these situations:

Liability Coverage

Liability coverage is the most basic type of auto insurance coverage that drivers are required to have in most states. It typically covers damages or injuries caused to others if you’re at fault in an accident. However, it may also provide coverage in some cases if the other driver is at fault but doesn’t have insurance or enough insurance to cover the damages. This coverage can help you with the costs of property damage and medical expenses resulting from the accident.

Uninsured/Underinsured Motorist Coverage

Unfortunately, not all drivers on the road carry adequate insurance coverage. If you are involved in an accident with an uninsured or underinsured driver and the accident was not your fault, uninsured/underinsured motorist coverage can come to your rescue. This coverage helps protect you financially by providing coverage for bodily injury and property damage caused by an uninsured driver or a driver with insufficient coverage. It can help compensate for medical expenses, lost income, and other damages from the accident.

Collision Coverage

Collision coverage may not be required by law, but it can be a valuable addition to your auto insurance policy. If you’re involved in a car accident and it was not your fault, collision coverage can help pay for the repairs to your vehicle. If the at-fault driver’s insurance company is not cooperative or denies your claim, having collision coverage can give you peace of mind, knowing you’re protected.

Medical Payment Coverage

Medical payment coverage, also known as MedPay, is additional coverage that can help pay for your medical expenses resulting from a car accident, regardless of who is at fault. If you have MedPay insurance, it can cover medical bills, hospital stays, surgeries, and even funeral expenses in the event of a fatal accident. This coverage can be especially useful if you don’t have health insurance or have high deductibles.

A comprehensive auto insurance policy can provide the necessary coverage even if the accident was not your fault. Review your policy and understand the types of coverage you have to ensure you have adequate protection. If you are in an accident, contacting an experienced attorney can take over the complex insurance claims process, ensuring you receive the compensation you deserve.

Other Important Steps to Take After a Car Accident

While calling your insurance company is crucial, there are several other steps to take after a car accident, regardless of fault. Here are some key actions to consider:

Seek Medical Care

Regardless of how minor the accident may seem, seeking medical care after a car accident is essential. Some injuries may not be immediately apparent, and seeking medical attention can help ensure that any potential injuries are correctly diagnosed and treated. Getting medical care right away can also help link your injuries to the accident. Waiting too long can cause the insurance company to suggest your injuries are from something other than a car accident.

Hire an Attorney

After a car accident, it’s in your best interest to consult with a car accident attorney as soon as possible, especially if the accident was not your fault. An attorney experienced in handling car accident cases can guide you through the legal process, protect your rights, and help you recover the compensation you deserve.

Don’t Post on Social Media

In today’s digital age, sharing every aspect of our lives on social media is tempting. However, always refrain from posting about the accident or your injuries on social media platforms. Insurance companies and opposing parties may use your posts against you to minimize or deny your claim. Even if you don’t post anything regarding the accident, they can take anything you say or post and use it against you.

Don’t Talk About the Accident with Others

Similarly, never discuss the accident or your injuries with anyone other than your attorney or insurance company. Anything you say can be used against you, so always limit your discussions to professionals legally bound to protect your interests.

Why You Shouldn’t Talk to the Other Party’s Insurance Company Without Legal Representation

Car AccidentInsurance adjusters from the other party’s insurance company may contact you after a car accident. While they may seem friendly and compassionate, their primary goal is to protect their company’s bottom line. Avoid speaking with them without the guidance of an experienced car accident lawyer. Here’s why:

  • Protect Your Rights: Insurance adjusters may try to manipulate your statements or trick you into accepting a lower settlement than you deserve. A car accident lawyer can protect your rights by advising you on what to say and handling all communication with the insurance company on your behalf.
  • Maximize Your Compensation: Insurance adjusters are trained negotiators who aim to settle claims for the lowest possible amount. By having a car accident lawyer on your side, you can ensure that you receive fair compensation for your injuries, medical expenses, property damage, and other losses.
  • Focus on Your Recovery: Dealing with insurance companies can be time-consuming and stressful. By entrusting your case to a car accident lawyer, you can focus on your physical and emotional recovery while they handle the legal aspects of your claim.

What Causes Car Accidents

Car accidents can occur for various reasons, and determining the cause is essential in establishing liability. Here are some common causes of car accidents:

  • Distracted Driving: One of the leading causes of car accidents is distracted driving, which includes activities such as texting, talking on the phone, eating, dealing with children or pets, talking to other passengers, or any other activity that diverts attention from the road.
  • Speeding: Driving above the speed limit reduces the driver’s ability to react to road conditions and significantly increases the severity of the outcome in the event of an accident.
  • Reckless Driving: Actions such as aggressive driving, tailgating, or changing lanes without signaling can contribute to car accidents.
  • Impaired Driving: Driving under the influence of alcohol or drugs is a significant cause of car accidents, impairing judgment, concentration, and reaction times.
  • Weather Conditions: Inclement weather, such as rain, snow, or fog, can make driving more challenging and increase the risk of accidents. Even though these conditions may not be the other driver’s fault, they are still obligated to adjust their driving skills and speed accordingly.

Who is to Blame for Your Car Accident

Determining fault in a car accident is crucial in seeking compensation for injuries and damages. The responsibility for the accident is typically assigned to the party whose negligence or wrongful actions directly caused the collision. Factors such as traffic laws, eyewitness accounts, police reports, and evidence from the accident scene are considered when determining fault.

Potential Negligent Parties in a Car Accident

When you’re involved in a car accident that wasn’t your fault, always understand who may be considered a negligent party. Identifying the responsible party can be crucial when seeking compensation for damages, injuries, and other losses. Here are some potential negligent parties in a car accident scenario:

The Other Driver

The first and most obvious party that may be considered negligent is the other driver involved in the accident. They can be at fault due to distracted driving, speeding, running a red light, or other negligent behavior. Your car accident attorney can use evidence at the scene, such as photographs, witness statements, and police reports, to establish the other driver’s liability.

Vehicle or Parts Manufacturers

In some cases, not just the other driver may be held responsible. A car or parts manufacturer can be considered negligent if a vehicle or its parts defect caused the accident or exacerbated the injuries. For example, if faulty brakes caused the accident, the manufacturer could be held liable for negligence in producing a defective product.

Government Entities

Insurance Claim FormAnother potential negligent party to consider is the entity responsible for maintaining the roads. If the accident occurred due to a hazardous road condition, such as a pothole, lack of signage, or poor maintenance, the responsible government agency or contractor may be at fault for negligence.

Be sure to consult with an experienced car accident attorney  to determine the potential negligent parties in your case. They can investigate the accident’s circumstances, gather crucial evidence, and guide you through the legal process to help you secure the best possible outcome.

Remember, when it comes to car accidents, you have legal rights. Seeking the assistance of a knowledgeable car accident attorney can be the key to ensuring justice and fair compensation for your losses. Don’t hesitate to take action and protect your rights.

How a Car Accident Lawyer Can Protect Your Best Interests

Navigating the legal process after a car accident can be complex and overwhelming. That’s where a car accident lawyer can help. Here’s how hiring a car accident lawyer can protect your best interests:

  • Legal Experience: Car accident lawyers have experience handling these cases. They have in-depth knowledge and experience in dealing with insurance companies, negotiating settlements, and litigating cases if necessary.
  • Investigation and Evidence Gathering: A car accident lawyer will conduct a thorough investigation to gather evidence such as accident reports, witness statements, medical records, and expert opinions. This evidence is necessary in establishing liability and strengthening your case.
  • Negotiation and Settlement: Car accident lawyers are skilled negotiators who can advocate for your best interests during settlement negotiations with insurance companies. They will work to ensure that you receive fair compensation that covers your medical expenses, lost income, pain, and suffering, as well as other damages.
  • Litigation Representation: A car accident lawyer will be prepared to take your case to court if a fair settlement cannot be reached. They will represent your best interests, present your case before a judge and jury, and fight to secure the compensation you deserve.

Injured in a Crash? Contact a Skilled Car Accident Attorney Today

If you’ve been involved in a car accident that was not your fault, having a trusted car accident attorney by your side is essential. They can advocate for you and help you navigate the complex legal process so you can focus on your recovery.

Remember, calling your insurance company after a car accident is crucial, but having legal representation is equally important in protecting your best interests and maximizing your compensation. Don’t hesitate to contact an attorney for experienced and compassionate legal guidance. Schedule your free consultation today.

About the Author

Darl Champion is an award-winning personal injury lawyer serving the greater Metro Atlanta area. He is passionate about ensuring his clients are fully compensated when they are harmed by someone’s negligence. Learn more about Darl here.