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What Should I Do if Someone Hit My Car?

When another motorist drives their vehicle into your car, the outcome may range from nuisance to catastrophe. Under all circumstances, the incident will put you under stress. Knowing ahead of time what to do when another driver’s vehicle hits your car can lessen the aggravation, smooth your path to compensation and keep you on the right side of the law.

Empty Car Collisions

If another driver hits your parked car and remains on the scene, ask this person for their contact information and insurance proof. If the offending driver exited the scene but left a note, phone or email the individual for any missing information. Alternatively, if another driver drove their vehicle into yours and did not leave contact information, this individual violated the law. If your car is leaking gasoline, phone 911 and keep your distance. Otherwise, phone the non-emergency line for local law enforcement and report the collision as a hit-and-run incident.

If other persons witnessed the collision, ask for their contact information. Take note of any security cameras that may have recorded the incident. If you pursue legal action, your attorney can obtain these recordings as evidence.

Before driving your car or calling a tow truck, document the damage with your smartphone camera. Next, contact your insurance carrier. This step is essential, even when you are certain another driver is totally at fault. Nearly all insurers require prompt notification to keep your policy in force, even if the other driver’s insurer ends up compensating you. Many insurers now offer smartphone apps with report forms that upload your photos and streamline your notification. if your insurer offers roadside assistance, you can use this opportunity to arrange a tow or alternate transportation.

Collisions When Persons Occupy Your Car

While damage to your empty car is exasperating, the stakes move higher if another driver strikes your car with you seated behind the wheel.

Accident Scene Steps

Your paramount concern in an automobile collision is your health and the well-being of all other persons involved in the incident. If you or any other person suffer injury in a collision, phone 911 immediately. Be aware that the dispatcher may want you to remain on the call until first responders arrive. If you can drive and the condition of your vehicle permits, turn on your emergency flashers and move your car to allow the safe flow of traffic.

When a vehicle collision causes injuries, it is against the law to leave the accident scene before a law enforcement officer grants permission. Leaving the scene of an injury-causing accident opens you to a stiff fine and — in many jurisdictions — jail time. If you can find a safe vantage point, use your smartphone camera to document the accident scene. When law enforcement arrives, provide an accurate account, but do not admit fault. After answering questions, ask the officer for the accident’s police report number. As with a parked car accident, promptly notify your insurance carrier.

Post-Accident Steps

Even if your injuries from the collision do not require a hospital visit, you should proactively schedule an appointment with your physician. Symptoms from soft tissue injuries may not appear for days or even weeks after the collision. Your physician may refer you to a neurologist or other specialist who can help you head off long-term disability.

After any physician visit, you will likely receive a thick sheaf of records. Keep these treatment documents in a file folder. In the aftermath of an accident, you can assist your treatment team by keeping a daily symptom diary. If your physician recommends therapy sessions, diligently keep these appointments and retain the records of your visits. These documents are your foundation for achieving fair injury compensation and lost income damages.

Documentation Tasks

As soon as possible after the accident, you should write down your recollection of the collision. If your car was moving, include the speed at the moment of impact. Snap a time-stamped photograph of your account with a smartphone and then place the document in your accident records folder. If you were able to take accident scene photos, include these records as well. Where appropriate, you may draw a diagram of the collision and add this document to your folder.

Avoid making any social media posts on the collision. If you elect to take legal action in the accident’s aftermath, these posts may undermine your case. Deleting an intemperate post will not solve the problem; opposing legal counsel may have the resources to archive the item before you remove it.

Compensation Methods

If you suffer injury in a collision, your state’s laws will govern your efforts to obtain fair compensation. Some states, including Utah, mandate a no-fault system for persons injured in vehicle accidents. In a no-fault system, your injury compensation payments come from your insurer, no matter your degree of fault. Only in a few circumstances can you move outside of this arrangement and pursue additional personal injury damages with a lawsuit.

The majority of states use the at-fault system to govern injury compensation. If the other driver is solely at fault for the collision, you may file a claim with the insurer of the motorist who drove their vehicle into your car. If the other driver — or their insurer — disputes the issue of fault, you may need to begin by working with your insurer.

Settlement Issues

Whether you deal with your insurer or a company covering the other driver, you must exercise care in the settlement process. In the wake of a collision, you may find yourself confronting six-digit expenses with little or no income. Under this pressure, a quick settlement offer from an insurer may seem welcome. Nevertheless, whether you reside in an at-fault or no-fault state, you do not need to automatically accept an unfairly low offer.

To head off this situation, you may wish to consult a personal injury attorney before speaking to an insurance company claims adjuster. Initial consultation appointments are free, making this step a risk-free move. Bring your accident record file to the consultation. An experienced attorney can map out all of your compensation options and give you a realistic view of the settlement prospects. If you have a case, your attorney can negotiate with the insurance company on your behalf, freeing you to focus on recovery.

While the overwhelming majority of cases settle out of court, a handful of lawsuits move to trial. Before selecting an attorney, pay close attention to the firm’s track record in court cases. Finally, understand the law firm’s fee structure before engaging counsel.

The Fielding Law Difference: Personal Service

Fielding Law focuses exclusively on car accident and personal injury cases. With every case, we combine big firm resources with the personal attention of a small law office. We maintain a low caseload for each attorney, and you will talk directly with your lawyer, not a paralegal. While not every situation needs legal representation, an initial consultation is always free. If we move forward with your case, you will not owe us a fee unless we recover money for you. If you or a loved one has suffered an injury due to another party’s negligence, call Fielding Law today or reach us at fieldinglaw.com.

Source:

https://insurance.utah.gov/consumer/auto-home/auto-insurance/10-things-auto-insurance