What To Do If I Am Not At Fault In An Accident; Now What?
When you are involved in an accident, the immediate thoughts go to who is at fault? Car accidents are inconvenient and stressful. At its worst, they can lead to damages or losses. The fault is considered a major reason behind every accident. What is next in the scenario: if I am not at fault in an accident?
So, the fault is not on your side. How to proceed? In the best-case scenario, if you find no fault on your side, it is good to hire an uninsured car accident attorney.
Let us explore the possibilities for accident not my fault claim in this blog.
Steps to prove that you are not at fault and make your side strong:
You are involved in an accident. Irrespective of the fault, there are certain steps to be taken care of after an accident. If you get into an accident, understand that handling the situation and legal rights and claims can differ based on the state where the accident has happened. Depending on the State law in California, the legal proceedings may affect handling the insurance claim for no fault collision claim.
Let us see some essential steps that will make your stand stronger:
1. Call the police to report the accident
The initial, as well as an important step after facing an accident, is to call law enforcement. You have to call the police from the accident scene. After the police have arrived, they will look into the situation, enquire and write a report. Getting a copy of this report is essential to strengthen your claim.
2. Gather evidence
Documenting is very crucial after an accident. Especially, in cases where you if your not at fault in an accident. Immediately after the accident, you should collect evidence.
- Take photos of the scene of the accident, vehicle damage and roadway marks, if any.
- Gather the names and contact numbers of witnesses
- Record the accident scene for weather conditions or any hazards on the road
- Preserve the evidence
3. Get medical assistance
Among the other things to do after an accident, seeking medical attention holds importance. Even minor accidents require medical care. With medical documents and reports on your side, you can prove that the accident is not your fault. Moreover, it helps in getting the right claim for the losses.
4. Inform your insurance company
You can inform your insurance provider about the accident. This will help in making an initial report of the accident and claim.
5. Seek legal support
To prove that you are involved in a not a fault car accident, you need legal assistance. A skilled uninsured accident attorney will help in collecting the crucial pieces of evidence to prove your part and claim the fault of the other side.
If the other side denies your claim or tries to make the fault on your side, a lawyer can represent your rights and help in getting the compensation that you owe.
Is California a No-Fault State?
So, what is a No-Fault State? Typically, auto insurances aim to compensate for the losses and damage encountered in an accident. However, the way the claims and faults are handled differs from state to state in California.
Let us understand the term – No-fault:
This term is mostly used when it involves discussion about accidents. No fault states are where the insurance company of every driver is accountable for the damage and losses of their own policyholder, irrespective of what fault lies on which side.
Coming to the question – Is California a No-Fault State?
Even if you are in a no fault collision, still it is good to know about California law.
California is not a No-Fault State and it follows an at-fault insurance system. This means that the driver who caused the accident is liable for the medical expenses, losses, vehicle damage and other expenses involved in the accident.
Being an at-fault state, in California, every insurance company is responsible for paying for the damages based on the level of fault of the parties involved. As in your case: if I am not at fault in an accident, the other motorist who has caused the accident has to pay for the losses. His/her insurance provider should pay for the injured victim. However, if the other driver denies or disagrees to give compensation, the victim can file a lawsuit or seek an accident lawyer and claim the rights.
How Fault Is Determined in Car Accidents in California?
In the aftermath of a car accident, the crucial part lies in determining who has caused the accident. Navigating the consequences after an auto accident such as finding the fault side, dealing with claims and more involves certain legal difficulties.
Establishing Liability and Fault in car accidents in California
As said earlier, California is an at-fault state. So, the driver responsible for the accident is accountable for paying for the claim. As your case is a no fault car accident, you have the right to recover your compensation and claim compensation for medical expenses, damage to vehicle or property and lost income.
Who is liable for the accident? How is it determined?
Understanding fault in an auto accident becomes very essential as it helps in determining liability and solves legal and insurance complications. Typically, an at-fault person is the one who is responsible for the car accident. This is determined by evaluating factors such as violation of traffic laws, negligence of the driver and more.
Role of insurance providers in finding the fault
Insurance companies have a huge role in finding who has caused the accident. In general, they will review the accident reports, look at the physical evidence and hear from statements of the driver to find out the liability of the case.
They will oversee the investigation and police reports and determine which driver was at fault.
Typical procedures include:
- Investigating the accident
- Analysing witness statement
- Assessing medical reports
- Examining the damage to the vehicle
Police reports:
After the police have arrived at the accident scene, they will enquire the involved parties and witnesses to draft a police report. A typical police report will contain the circumstances of the accident, who has violated the law and even it will assign the fault of the driver.
Evidence involved in finding the fault
Some of the vital resources that help in determining the fault after a car accident are police reports, evidence, and witness statements. If you have been involved in a no fault auto accident, then you should respond immediately to gather information. As soon as you gather information and collect evidence, the better scope is to prove that you are not at fault for the accident.
If you are going to file a lawsuit or an insurance claim after a car accident, collecting evidence supports determining the cause of the accident. Gathering as much documentation will support your claim.
Role of Courts in Determining the at-Fault in a Car Accident
In certain cases, victims can file a lawsuit to claim for losses and injuries. As you file a lawsuit, the court will determine who is at fault for the accident. The court will consider the arguments of both parties and look into the evidence and legal proceedings of lawyers of both sides. It will also take into consideration the statements of witnesses, negligence of drivers, police reports and opinions of experts like doctors.
A jury or judge will find who is responsible for the accident based on the evidence, which other driver was negligent and depending on that ensures the fault person compensates for the injuries and other losses of the victim.
How to prove if I am not at fault in an accident?
The best way here is to prove your part is through evidence. Evidence and other documentation serve as a valuable source to determine the fault and prove your rights.
How to protect your rights after a non fault accident car?
1. Report the accident immediately, tell your insurance company about the accident and ensure providing all relevant and important details.
2. Collect as much as possible evidence and preserve the documents.
3. Submit a claim with the insurer of the at-fault driver and include your injuries and losses.
4. The insurance company will investigate your claim and evidence and assess the liability and fault.
5. Insurance providers will often negotiate while offering a settlement.
6. Seek legal guidance from a leading car accident attorney if your claim is denied or you are not satisfied with the compensation.
What Happens If I Am Not At Fault In An Accident?
California is an at-fault state and hence the driver who caused the accident is financially responsible for you for the damages and losses caused by his/her negligence. If you have suffered in the accident, but it is not your fault, you can file an insurance claim against the other person responsible for the accident.
Your compensation can cover medical bills, lost wages, vehicle damage, pain and suffering, and emotional distress. If the at-fault driver doesn’t have insurance or his insurance doesn’t cover the cost of your losses. You can proceed with the case with an uninsured accident attorney.