Car accidents are stressful and can disorient you, perhaps even more so when you are not at fault and did not see the crash coming. Knowing what to do after a car accident that is not your fault can help ensure your safety, protect your rights, and secure the compensation you deserve.
The Ferrell Law Firm, PLLC, specializes in handling car accident cases and is dedicated to guiding clients through the complexities of the legal system. With our experienced car accident lawyers in Boulder, you can be confident that your case will be handled with the utmost care and professionalism.
If you’re unsure what to do after a car accident that’s not your fault, this guide will provide you with the steps to take immediately following after a the crash.
Immediate Safety Concerns
The moments following a car accident are critical for ensuring the safety of everyone involved. Taking the proper steps can prevent further harm and set the foundation for a smooth recovery process. Here’s what you need to do immediately after the collision.
Ensure Your Safety and the Safety of Others
The main priority after any car accident is to ensure the safety of everyone involved. If the vehicles are still operable and it is safe to do so, move the cars to the side of the road to avoid obstructing traffic. An important safety measure to take while attempting to move the cars is to turn on your hazard lights to alert other drivers of the crash. If moving the vehicles isn’t possible, stay near the vehicle but out of harm’s way.
Check for Injuries
Check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately and provide first aid if you are trained. Even if there are no visible injuries, medical evaluation is essential as some injuries may not be immediately apparent.
Seek Medical Attention
Even if you feel fine after the accident, seeking medical attention is crucial. Some injuries may not be apparent immediately because some symptoms take time to manifest. A professional evaluation can ensure you receive the necessary treatment. Keep records of all medical visits, treatments, and expenses, as these will be important for your insurance claim and any potential legal action.
Other Actions to Take
Once you’ve addressed immediate safety concerns, you should take steps to protect your rights and begin recovering compensation. These actions will help you document the accident and build a strong case for your claim.
Call the Police
In Colorado, you must report any car accident that results in injury, death, or significant property damage. Call 911 and ask for the police to respond to the scene. They will document the accident and create a police report, which will be very important when it comes time to collect compensation for your losses. Obtain the responding officer’s name and badge number, and be sure to ask them how you can obtain a copy of the police report later.
Exchange Information
You must exchange contact and insurance information with the other drivers involved in the collision. This information includes names, addresses, phone numbers, driver’s license numbers, license plate numbers, and insurance policy details. It’s also helpful to note the vehicles’ make, model, and color.
Notify Your Insurance Company
Contact your insurance company as soon as possible to report the accident. Provide them with all necessary information, including the time, date, place, and general facts. Be honest and detailed in your account of the accident.
However, don’t make incriminating statements or offer any information about fault. Insurance companies are notorious for getting injured persons to agree to something that later harms the ability to file a claim for compensation.
Therefore, it is always wise to speak with an attorney before calling the insurance company. This is especially important in a car accident that is not your fault, as an attorney can help prevent the insurance company from unfairly shifting blame or minimizing your damages.
Understand Colorado’s Insurance Coverage Requirements
Colorado requires all drivers to have liability insurance. This insurance helps cover costs if you cause an accident that injures someone or damages their property. However, not all drivers follow the law; some carry less insurance than required or none at all.
Here’s what you need to know about Colorado’s minimum insurance requirements:
- Bodily injury—$25,000 for one person injured in an accident, $50,000 total for all people injured.
- Property damage—$15,000 for damage to another person’s vehicle or property.
If you’re in an accident caused by a driver with insufficient or no insurance, your uninsured/underinsured motorist coverage can help. An attorney can help you understand how this coverage applies to your case and advise you on the best way to proceed.
Gather Evidence
Collecting evidence helps support your compensation claim. Detailed documentation can make a significant difference in proving fault and securing compensation.
Be sure to document the accident scene, if you can, by taking comprehensive photos and videos of the accident scene from multiple angles. Capture the positions of the vehicles, any damage, road conditions, traffic signs, and any other relevant details. This visual evidence can be crucial when proving fault and supporting your insurance claim.
If there are any witnesses, approach them and ask for their contact information. Witness statements can provide valuable third-party perspectives on the accident. Ask them to describe what they saw, and if possible, record their statements.
Consulting with a Lawyer
Navigating the legal and insurance complexities after a car accident can be challenging. Consulting with a specialized lawyer can help with all aspects of your case and ultimately help you get compensated for all your losses.
Should You Get Lawyer for a Car Accident That Is Not Your Fault?
Navigating the aftermath of a car accident can be complex, especially when dealing with insurance companies and legal matters. A car accident lawyer can help you understand your rights, gather evidence, and deal with insurance companies on your behalf. A lawyer can also help determine the full extent of your losses, including things you might not have considered, like future medical expenses or lost wages.
Filing a Claim
To file a claim with the at-fault driver’s insurance company, you must provide comprehensive documentation, including the police report, medical records, and evidence from the accident scene. Be prepared to give a detailed account of the accident and its impact on your life. Some injuries, like whiplash or back injuries, can have delayed symptoms. Medical costs may continue for months or even years after the accident. Ensure you account for potential future medical needs when negotiating a settlement or filing a claim.
How a Lawyer Can Support Your Case
A lawyer can be your strongest advocate when you’ve been injured in a car accident that is not your fault. They can help you seek compensation and hold the responsible driver accountable by proving their negligence.
To do this, your lawyer will focus on establishing the following key elements:
- Duty of care. All drivers have a responsibility to drive safely and follow traffic laws.
- Breach of duty. Your lawyer will show how the other driver failed to meet this responsibility, such as speeding or driving distractedly.
- Causation. They will demonstrate how the other driver’s actions directly caused the accident and your injuries.
- Damages. Your lawyer will document all your losses, including medical bills, lost income, and pain and suffering.
By proving these elements, your lawyer creates a solid foundation for your case, helping you seek the compensation you need to recover and move forward.
How to Choose the Right Lawyer in Colorado?
When choosing a lawyer, look for someone who specializes in car accidents and has extensive experience with Colorado law. Check their track record, read client reviews, and consider their willingness to offer a free initial consultation. A local lawyer will be familiar with the specific laws and procedures which can benefit your case.
Contact The Ferrell Law Firm, PLLC
Being involved in a car accident can be a traumatic experience, but knowing the steps to take can help you navigate the aftermath more effectively. Ensure your safety and the safety of others, document the accident thoroughly, seek medical attention, and understand your legal responsibilities and rights.
Consulting with a specialized car accident lawyer can provide the support needed to secure the compensation you deserve. Taking prompt and appropriate actions following an accident protects your health, rights, and financial well-being.
For more detailed information and legal assistance, please contact our seasoned car accident attorneys for a free consultation.
FAQs
What Happens If the Other Driver Doesn’t Have Insurance or Flees the Scene?
Many people worry about this, especially in hit-and-run situations. Don’t panic. Your uninsured motorist coverage can help in this situation. Collecting details about the other vehicle, even a partial license plate number, is also very important. This information can assist the police in locating the driver.
Do I Need to Talk to the Other Driver’s Insurance Company?
It’s a good idea to talk to an attorney before you speak to the other driver’s insurance company. They may try to get you to accept a low settlement that doesn’t cover all your expenses. An attorney can protect your rights and handle all communication for you.
What If the Police Report Says I’m at Fault, But I’m Not?
Sometimes, police reports can be inaccurate. If the police report blames you for the accident, but you believe you weren’t at fault, don’t give up! An attorney can help you gather evidence, challenge the police report’s findings, and work to prove you weren’t responsible.
What Is the Time Limit for Filing a Claim in Colorado After a Car Accident?
In Colorado, you generally have three years from the date of the accident to file a personal injury claim. It’s best to contact an attorney as soon as possible because there may be exceptions to this timeframe.
Can I Still Receive Compensation If I Was Partly Responsible for the Accident?
In many cases, yes. Colorado uses a modified comparative negligence rule, meaning you can receive compensation even if you were partly at fault as long as you are less than 50% responsible.
Michael, founder of The Ferrell Law Firm, PLLC, specializes in criminal defense and personal injury law. With a background in substance abuse treatment, he brings empathy and understanding to his legal practice. A former Deputy District Attorney in Arapahoe County, Michael has extensive experience prosecuting a wide range of criminal cases, including DUIs and domestic violence. His law degree from the University of Denver Sturm College of Law, combined with his hands-on experience in criminal law, positions him as a knowledgeable and effective advocate for his clients’ rights.
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