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

May 28, 2024 | By DJC Law Attorneys
Do I Call My Insurance If It’s Not My Fault?

No one ever expects to be in a car accident. But when it happens, it can be a stressful and overwhelming experience, especially if the accident wasn't your fault.

One of the first questions many people ask themselves in this situation is, "Do I need to call my insurance company if the accident wasn't my fault?" The answer may surprise you.

if you or a loved one has been involved in an auto accident, reach out to a car accident attorney near you.

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Should You Report an Accident to Your Insurance Company?

The short answer is yes, you should report any car accident to your insurance company, even if the accident wasn't your fault.

There are a few reasons why:

  • Your policy requires it: Most car insurance policies require you to report any accidents, regardless of who was at fault. Failing to report an accident can be considered a breach of your policy and potentially lead to your coverage being denied or canceled.
  • It protects you if the other driver changes their story: Even if the other driver admits fault at the accident scene, they may later change their story or try to blame you for the accident. By reporting the accident to your insurance company immediately, you record what happened and protect yourself in case the other driver tries to deny responsibility later on.
  • It helps you repair your car: If it sustained damage in the accident, you must file a claim with either your insurance company or the other driver's insurance company for repairs. By reporting the accident to your insurance company, you can start the process and potentially get your car fixed faster.
  • It provides coverage in case the other driver is uninsured or underinsured. If the other driver doesn't have insurance or doesn't have enough insurance to cover the damage they caused, your insurance policy may provide coverage. This is known as uninsured/underinsured motorist coverage, and it can help pay for your medical bills, lost income, and other expenses related to the accident.

Keep in mind that just because notifying your insurance company is important does not mean you should handle this task yourself. Instead, consult a car accident attorney who can take care of this for you. This alleviates stress from you and protects your interests.

When Should You Report an Accident to Your Insurance Company?

Calling Insurance Company Ater A Car Accident

Ideally, you should report an accident to your insurance company immediately after it happens. Most insurance policies require you to report accidents within a certain timeframe, usually within 24 to 48 hours.

If possible, try to gather as much information as you can at the scene of the accident before reporting it to your insurance company.

This may include:

  • The other driver's name, contact information, and insurance information
  • Photos of the damage to both vehicles and any visible injuries
  • Names and contact information for any witnesses
  • A copy of the police report, if one exists

When you report the accident to your insurance company, this information can speed up the claims process and ensure proper claim handling.

What Happens After You Report an Accident to Your Insurance Company?

After you report an accident to your insurance company, they will assign a claims adjuster to your case. The adjuster's job is to investigate the accident, determine who was at fault, and assess the damage to your vehicle and any injuries you may have sustained.

As part of their investigation, the adjuster may:

  • Contact you to get a statement about what happened in the accident
  • Contact the other driver and any witnesses to get their statements
  • Review any photos, police reports, or other evidence related to the accident
  • Inspect the damage to your vehicle and estimate the cost of repairs
  • Review your medical records and bills if you suffered an injury in the accident

Based on their investigation, the adjuster will determine who was at fault for the accident and how much your claim is worth. If the other driver was at fault, your insurance company may seek reimbursement from their insurance company for the cost of your repairs and any other expenses related to the accident.

If your insurance company determines that you were partially or fully at fault for the accident, they may deny your claim or seek reimbursement for any damages they paid to the other driver.

Why You Need a Car Accident Lawyer

While reporting an accident to your insurance company is important, it's not the only step you should take after an accident. If you suffered an injury in the accident or the damage to your vehicle is significant, consulting an experienced car accident attorney is also a good idea.

A car accident lawyer can assist in many ways after an accident, including:

  • Communicating with insurance companies: Dealing with insurance companies after an accident can be stressful and confusing. A car accident lawyer can handle all communication with the insurance companies on your behalf, ensuring your rights are protected and you're not taken advantage of.
  • Investigating the accident: An experienced car accident lawyer will conduct their investigation into the accident, gathering evidence to support your claim and build a strong case on your behalf.
  • Negotiating with insurance companies: Insurance companies are making money, not paying out claims. A car accident attorney can negotiate with the insurance companies to ensure you receive a fair settlement covering all your damages, including medical bills, lost income, and pain and suffering.
  • Representing you in court: If the insurance company refuses to offer a fair settlement or the other driver denies responsibility for the accident, a car accident lawyer can represent you and fight for your rights.
  • Advising you on your legal options: A car accident lawyer can provide the information you need to make informed decisions about your case, such as whether to accept a settlement offer or take it to trial.

When to Hire a Car Accident Attorney

While every car accident is different, there are some general guidelines for when it's a good idea to hire a car accident lawyer:

If You Suffered Serious Injuries in the Accident

If you suffered serious injuries in a car accident that wasn't your fault, it's wise to consult an experienced lawyer as soon as possible. Serious injuries can have a significant impact on your life, both physically and financially. Having someone on your side who can fight for the compensation you deserve is important.

Examples of serious injuries that may require the help of a car accident lawyer include:

These injuries often require extensive medical treatment, including hospitalization, surgery, rehabilitation, and ongoing care. The medical bills associated with serious injuries can quickly add up. You may face lost income and other financial hardships if you cannot work due to your injuries.

A car accident attorney can secure compensation for all your accident-related expenses, including medical bills, lost income, and pain and suffering.

If the Other Driver Was Uninsured or Underinsured

Uninsured Motorist Coverage

If you were involved in a car accident caused by a driver who doesn't have insurance or doesn't have enough insurance to cover your damages, you may be facing a difficult situation. While most states require drivers to carry minimum liability insurance, not everyone follows the law, and even those who do may not have enough coverage to fully compensate you for your losses.

You may need to contact your insurance company for help in these cases. Many car insurance policies include uninsured/underinsured motorist coverage (UM/UIM), which can provide compensation for your damages if you're involved in an accident with an uninsured or underinsured driver.

However, getting the compensation you deserve can be challenging even if you have UM/UIM coverage. Insurance companies are in the business of making money, and they may try to minimize your claim or deny it altogether. This is where a car accident lawyer can come in handy.

An attorney can file a claim with your insurance company and negotiate to ensure you receive fair compensation for your damages. They can also explore other options for recovering compensation, such as filing a personal injury lawsuit against the at-fault driver. Additionally, your lawyer can handle all legal communications, represent you in court if needed, and guide you through the complex legal and insurance processes, ensuring your rights are protected.

If the Other Driver Is Denying Responsibility

The other driver may try to deny responsibility for the accident or even blame you for what happened. This can be frustrating and stressful, especially if you know the accident wasn't your fault.

Unfortunately, some drivers will go to great lengths to avoid taking responsibility for their actions, including lying about what happened or fleeing the accident scene. Having an experienced car accident attorney who can investigate the accident, gather evidence, and build a strong case on your behalf is helpful.

Your lawyer can interview witnesses, review police reports and medical records, and even hire expert witnesses, such as accident reconstructionists, to help prove that the other driver was at fault. They can also handle all communication with the other driver's insurance company and their legal team, ensuring your rights are protected and you're not taken advantage of.

Without the help of a car accident lawyer, you may face an uphill battle when it comes to proving that the other driver was at fault and recovering the compensation you deserve. An experienced lawyer can level the playing field and give you the best chance of success.

If the Insurance Company Is Offering a Low Settlement

After a car accident, the other driver's insurance company may contact you and offer you a settlement for your damages. While accepting the first offer and moving on with your life may be tempting, it's important to remember that insurance companies are making money, not giving it away.

An insurance company's initial settlement offer will often be significantly lower than your case is worth. They may try to downplay the severity of your injuries, minimize your damages, or even attempt to shift blame for the accident onto you. Understanding these tactics as they strategize to reduce their payouts, emphasizing the importance of having a skilled advocate who can counter these efforts and fight for fair and just compensation is crucial.

If you accept a low settlement offer, unexpected expenses like ongoing medical bills or lost income from missed work may leave you financially strained. You may also be giving up your right to seek additional compensation in the future, even if your injuries turn out to be more serious than you initially thought.

Always consult a car accident lawyer before accepting any settlement offer from an insurance company. An experienced lawyer can review the offer and advise you on whether it's fair and reasonable based on the specific circumstances of your case. They can also aid your understanding of the long-term impact of the settlement on your financial and personal well-being, negotiate better terms if necessary, and ensure that all your damages, including future medical costs and lost earning capacity, are adequately covered.

Contact a Car Accident Attorney Now

Being involved in a car accident can be a stressful and overwhelming experience, especially if the accident wasn't your fault. While it's important to report the accident to your insurance company, having an experienced car accident lawyer is also important to protect your rights and ensure you receive the compensation you deserve.

A lawyer can handle all communication with the insurance companies, investigate the accident, negotiate with the insurance companies to secure a fair settlement, and represent you in court if necessary. They can also advise you on your legal options and guide you in making informed decisions about your case.

If you've been involved in a car accident and are considering hiring a lawyer, it's important to find the right one for your case. Look for a lawyer with significant experience handling car accident cases, a good reputation in the legal community, and a track record of success in securing fair settlements and verdicts for their clients.

Contact an experienced personal injury lawyer today to understand your legal options and receive the comprehensive guidance you need to navigate the challenges ahead, protect your rights, and confidently move forward. This support can be crucial in helping you secure the compensation you deserve while you focus on recovery.