What To Do After a Car Accident That’s Not Your Fault in Arizona

Being involved in a car accident can be a life-altering experience, especially when the accident is not your fault. The aftermath of such an incident can be confusing, stressful, and overwhelming. At Plattner Verderame, we understand these challenges and are here to guide you through the essential steps to take after an accident that wasn’t your fault. Our goal is to ensure your rights are protected and that you have the best chance of receiving fair compensation for your injuries and damages.

Prioritize Your Safety and Health

The first and most crucial step after any car accident is to prioritize your safety and health. If you are physically able, move your vehicle to a safe location away from traffic. Turn on your hazard lights to alert other drivers of the accident scene.

Next, check yourself and any passengers for injuries. Even if you feel fine, it is essential to seek medical attention as soon as possible. Some injuries, such as whiplash or internal bleeding, may not present symptoms immediately. Prompt medical evaluation can help identify any hidden injuries and ensure that you receive the necessary treatment.

Call the Police

In Arizona, you are legally required to report any car accident involving injury, death, or significant property damage. Even if the accident seems minor, calling the police and filing a report is advisable. The police report will serve as an official record of the accident and can be a valuable piece of evidence if you decide to pursue a personal injury claim.

When the police arrive at the scene, provide a clear and accurate account of the accident. Avoid making statements that could be interpreted as admitting fault; stick to the facts and let the police determine the cause.

Gather Evidence at the Scene

If you are physically able, gather as much evidence as possible at the accident scene. This evidence can be crucial in supporting your claim and proving that the accident was not your fault.

Here’s what you should do:

• Take Photos and Videos: Use your smartphone to take photos and videos of the accident scene, including the positions of the vehicles, any visible damage, skid marks, road conditions, traffic signs, and any other relevant details.
• Exchange Information: Exchange contact and insurance information with the other driver(s) involved in the accident. Be sure to get their full name, address, phone number, driver’s license number, and insurance policy number.
• Speak to Witnesses: If there are any witnesses to the accident, ask for their contact information and if they are willing to provide a statement about what they saw. Witness statements can be powerful evidence in proving fault.
• Note the Surroundings: Write down the time, date, location, and weather conditions at the time of the accident. Also, note any factors that may have contributed to the accident, such as road construction or poor visibility.

Seek Medical Attention

Even if you do not believe you are seriously injured, it’s vital to seek medical care immediately after the accident.  Some injuries may not become apparent until later, and delaying treatment can negatively impact your injury claim.

When you visit a doctor or go to the emergency room, be sure to inform the medical staff that you were involved in a car accident. Keep detailed records of all medical treatments, including doctor visits, prescriptions, therapy sessions, and any other related expenses. These records will be essential in calculating the full extent of your damages.

Notify Your Insurance Company

After the accident, you must notify your insurance company of the incident as soon as possible. Most insurance policies have a time limit for reporting accidents, so it is crucial not to delay this step. However, when speaking with your insurance company, be careful not to admit fault or provide too much information without first consulting with an attorney.

Your insurance company may ask for a recorded statement or request that you sign a medical release form. It is advisable to consult with a car accident injury attorney before providing any recorded statements or signing any documents. An attorney can help you understand your rights and ensure that you do not inadvertently harm your claim.

Consult with a Car Accident Injury Attorney

One of the most important steps you can take after a car accident that wasn’t your fault is to consult with an experienced car accident injury attorney. The attorneys at Plattner Verderame can help protect your rights, navigate the complex legal process, and negotiate with insurance companies on your behalf.

An attorney can also help you:

• Determine Liability: Establishing liability is critical in a car accident claim. Your attorney will investigate the accident, gather evidence, and work with experts, such as accident reconstruction specialists, to prove that the other driver was at fault.
• Calculate Damages: Your attorney will help you determine the full extent of your damages, including medical expenses, lost wages, property damage, pain and suffering, and any other losses resulting from the accident.
• Negotiate with Insurance Companies: Insurance companies often try to settle claims quickly and for as little money as possible. Your attorney will handle all communications with the insurance company and negotiate a fair settlement on your behalf.
• File a Lawsuit if Necessary: If the insurance company refuses to offer a fair settlement, your attorney can file a personal injury lawsuit and take your case to court. Having an experienced attorney on your side increases your chances of achieving a favorable outcome.

Understand Arizona’s Comparative Fault Laws

Arizona follows a comparative fault system, which means that even if you are partially at fault for the accident, you may still be able to recover compensation. However, your compensation will be reduced by your percentage of fault.

For example, if you are found to be 20% at fault for the accident, your total compensation will be reduced by 20%. This is why it is essential to have a Phoenix car accident attorney who can build a strong case and minimize your potential liability.

Document Your Damages

To maximize your compensation, it is essential to document all of your damages related to the accident. This includes:

• Medical Expenses: Keep all receipts and records of medical treatments, medications, and any other related expenses.
• Lost Wages: If your injuries have caused you to miss work, document your lost wages, including any potential future earnings if your ability to work has been impacted.
• Property Damage: Obtain repair estimates or receipts for the cost of repairing or replacing your vehicle and any other damaged property.
• Pain and Suffering: Keep a journal detailing how the accident and your injuries have impacted your daily life, including any physical pain, emotional distress, and loss of enjoyment of life.

Be Cautious with Social Media

Be mindful of your social media activity after the accident. Insurance companies and defense attorneys often monitor social media for posts or photos that could be used against you. Avoid posting anything related to the accident, your injuries, or recovery.

Stay Informed and Be Patient

The legal process following a car accident can be lengthy and complicated. It is essential to stay informed about the status of your case and be patient as your attorney works to achieve the best possible outcome.

Avoid accepting any settlement offers from the insurance company without first consulting with your attorney. Many initial settlement offers are far below what you may be entitled to, and once you accept a settlement, you cannot pursue additional compensation.

Your attorney will keep you updated on the progress of your case and advise you on the best course of action at each stage of the process.

By following these steps and working with an experienced car accident injury attorney, you can protect your rights and maximize your chances of receiving fair compensation for your injuries and damages. Remember, the aftermath of a car accident can be overwhelming, but you don’t have to go through it alone. An attorney can provide the support and guidance you need to navigate the legal process and move forward with your life.

Don’t wait to get the help you need after a car accident that wasn’t your fault. The sooner you consult with the skilled car accident injury attorneys at Plattner Verderame PC, the better your chances of securing the compensation you deserve. Contact us today to discuss your case and take the first step toward protecting your rights and recovering your losses. Schedule a free case review by calling our office or submitting our contact form. We have offices in Phoenix and Tempe for your convenience.