Protect your legal and financial interests after a car accident, even if you didn’t cause it. Your health and well-being are your top priority, so seek medical attention immediately. Once help is on the way, however, there are several key steps you need to take.
This guide from Milavetz Injury Law, P.A., explains what to do after a car accident that is not your fault. We’ll cover what steps to take at the scene and in the days following the crash to protect your rights and pursue compensation for your injuries.
Steps To Take at the Scene of the Accident
Being involved in a car accident caused by another person can leave you frustrated and confused about how to proceed. Minnesota is a no-fault state for car accidents, and you can turn to your own insurance policy to recover some of your losses, but the damages will likely exceed that coverage. However, you might be entitled to pursue a claim against the at-fault driver.
Taking the right steps at the scene not only ensures your safety but also protects your legal rights if you must pursue a claim against the at-fault party to recover all your losses.
The key is to evaluate the situation and gather evidence before anyone leaves the scene. If you fail to do so, it can be much more challenging to prove your case and secure fair compensation later.
Get to Safety and Assess the Accident
Prioritizing safety is always the first step after an accident. It protects the well-being of everyone involved and can support your legal case. Before you do anything else, move all vehicles to a safe location if feasible. Turn on each car’s hazard lights to avoid further accidents.
Check yourself and others for injuries once everyone is out of immediate danger. Then call 911 to report the accident and request that police report to the scene. Ask for an ambulance if there is any chance of serious injuries. It’s better to be safe than sorry.
Gather Evidence
Document everything as soon as possible. If it is safe to do so and you are medically stable, take photographs of the scene. Get photos of vehicle damage, road conditions, traffic signs, the area around the crash, and any visible injuries. Check that your photos have labels showing the date, time, and location.
In addition, take copious notes documenting all the circumstances. Record the specific locale, including cross streets or nearby building numbers. Collect contact information from any witnesses.
Communicate With the Other Driver
Be aware that any conversation among the involved parties will likely become evidence. Politely and respectfully ask the other driver for their contact information and insurance details. Do not use any emotionally charged language. Avoid saying anything that someone might construe as admitting fault. Insurers are notorious for misusing even simple statements, such as “I’m sorry this happened.”
Stick to the facts and note what the other driver says and does. If they seem aggressive or impaired in any way, document that behavior as soon as it’s safe to do so. These records can support your version of events and credibility down the line.
What To Do in the Days Following the Accident
All car crashes are initially no-fault motor vehicle accidents in Minnesota. However, you may need to prove fault and establish your damages if you eventually pursue a claim against the at-fault driver. Take the following steps to build your claim and preserve your rights. Skipping any of them can delay your claim or reduce your recovery.
Seek Medical Evaluation
Even if your injuries seem minor, get prompt medical attention. Some injuries are not immediately apparent and might surface days or weeks later. Undergoing a medical evaluation as soon as possible after the accident can protect your health and well-being.
In addition, a health care provider can document your condition and link it to the crash, improving your chances of securing compensation.
Be sure to attend all follow-up visits and listen to your provider’s recommendations for care. Following your doctor’s orders supports your recovery and can help to support your claim if the insurer questions the severity or cause of your injuries.
Keep all paperwork, including prescriptions and diagnostic reports. It will be valuable evidence as you pursue compensation.
Notify Your Insurance Company
Minnesota is a no-fault state for car accidents, meaning your insurance coverage will be your first source of compensation after a crash, regardless of whether you were at fault.
The state requires all drivers to carry at least $40,000 in personal injury protection, or PIP. Minnesota PIP insurance covers medical bills and lost wages for drivers and their passengers.
Notifying the insurance company of your accident is the first step in activating PIP coverage. You’ll also need to provide the insurer with documentation of the accident, including any photos and medical records you have.
Keep Records of Everything
When someone else causes a car crash, collect as much evidence as possible to support your claim, document your injuries, and establish your losses. You must prove the other party’s fault and the full extent of the impacts on your life to recover all the compensation you deserve.
Request a copy of the police report from the department that responded to the scene. Retain all medical bills, payment receipts, repair estimates, and insurance communications. Consider keeping a journal of your medical treatment and the effects of your injuries on your life.
Store all the documentation in one easily accessible location, such as a clearly labeled file or a folder on your computer.
Consult a Minnesota Car Accident Attorney
It’s important to consult an attorney after any accident to protect your rights and preserve your options. A car accident lawyer can help you document your injuries and related costs and pursue full compensation from the insurance company. If your injury costs exceed the limits of your PIP coverage, an attorney can help you file a claim against the at-fault party for additional damages.Â
Attorneys know how to avoid the common mistakes that insurers exploit. They will work to build a strong case and manage any issues that arise, from allegations of shared fault to unfairly low settlement offers.
What If I Was Partly at Fault for the Accident?
Because Minnesota is a no-fault state, accident victims can pursue a claim under their PIP coverage regardless of fault. However, if your losses exceed PIP limits and you must pursue a claim or lawsuit against the other party, shared fault may limit what you can claim.
Minnesota has a modified comparative negligence system for personal injury claims. Drivers who share partial fault can pursue damages if they are less than 51 percent to blame for the accident. However, the compensation is reduced in proportion to their share of the fault.
For example, suppose you stop short and another driver rear-ends you in heavy traffic, causing you to suffer severe neck and back injuries. You are found to share 20 percent of the blame for the accident. If you sustained $100,000 in damages, you can recover $80,000.
An experienced and skilled car accident attorney can build a case to support your claim that the other driver caused the accident and fight back against attempts by the insurance company to shift blame to you.
Attorneys know how to avoid the common mistakes that insurers exploit. They will work to build a strong case and manage any issues that arise, from allegations of shared fault to unfairly low settlement offers.
How Can Milavetz Injury Law Help?
The moments following an accident are often confusing and unsettling. It’s normal not to know what to do or where to turn, but you’re not alone. We’re here to help.
Our client-centered team puts you first and is committed to protecting your right to compensation. Our attorneys have the knowledge and resources to thoroughly investigate the accident, gather evidence, interview witnesses, and consult experts to determine who is at fault and build a strong case on your behalf. We handle all the legal details so that you can focus on recovery.
We’ll help you file all documents on time and negotiate with insurance companies to pursue the full compensation you deserve. If we can’t reach a settlement, we’ll litigate your case and fight for you in court.
Call 763-560-000 or contact us online to schedule your free consultation today.
