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What to Do After a Car Accident That’s Not My Fault

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April 16, 2019Michelle Lysengen
First-time accident victim processing the situation

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    Every 4 minutes.

    On average, every 4 minutes someone picks up the phone and calls us for help. That kind of trust says everything.

    Unfortunately, being involved in a car accident is not always avoidable, and many times, it happens when you’re not at fault. You might be driving home from work in Anaheim, and suddenly, the driver behind you rear-ends you on the 91 freeway (maybe the other driver was distracted and texting).

    Even though the car crash might not be your fault, your immediate question is going to be, what should I do? Car accidents always cause people headaches, financial stress, and sometimes even worse injuries. Whether you’re in need of a car accident lawyer in Riverside, Fresno, or in California, get in touch with our law office for a free consultation to discuss your legal options.

    After the Accident, Call the Police

    Every car accident is different, but you need to call the police, especially if you are not at fault. Having the police document the accident and file a police report will come in handy later for your lawyer to help with your accident injury claim.

    Get Photos and Talk to Witnesses

    Unless you are severely injured, you will want to talk to witnesses and gather evidence. Ideally, you can get the contact information from any witnesses and take photos of the accident (just on your cell phone). If the other driver is at fault for the accident (and you were injured), you definitely need to get complete information at the scene. Gather:

    • Other driver’s name and address
    • Other driver’s insurance information

    Sadly, some drivers who caused the accident will later change their story or become very difficult to contact.

    Get Medical Treatment

    If you were in a car accident, you should seek medical attention immediately. Many times, people involved in a car accident don’t realize they are injured, so they don’t seek medical attention. This is a mistake for many reasons. Sometimes, your body is in shock, and you might not feel any pain right after the accident.

    You think you are ok, but a day or two later, you start feeling back pain, neck pain, etc. It’s also very important to get medical treatment for any injuries because later, when you want to get compensated for your damages, you will need proof of medical treatment to help your injury claim.

    Contact Your Insurance Company After the Accident

    Even if the accident is not your fault, you still want to report the accident (if there are damages or injuries) to your insurance company. There are several coverages on your insurance policy that you might want to use, and for that to happen, you need to notify your insurance agent. 

    Whenever you get into a car accident (or motorcycle accident), and you review your insurance policy, it becomes confusing very quickly. There are numerous different coverages, including collision, towing, uninsured motorist, full coverage, and deductibles, among others.

    Injured In A Car Accident That’s Not Your Fault?

    If you were injured in a car accident that was not your fault, you definitely need to call our law firm today. It is very important to contact a lawyer immediately after an accident (especially when it’s not your fault). When another driver is at fault for the accident and they caused your damages (physical injuries, property damage) you are entitled to compensation.

    It doesn’t matter if you have whiplash, spine injuries, broken bones or fractures, head injuries, or just soreness; you need a good car accident lawyer to represent you. Don’t try to fight the insurance companies alone; remember that insurance companies are often reluctant to pay out any money.

    How Much Money Will I Get From a Car Accident That Is Not My Fault?

    This is a question we hear every week from new clients who contact us after being injured in a car crash. There is no set amount of money to ask for, but you can rest assured that we will strive to obtain the maximum compensation available. If you suffered injuries from a car accident that wasn’t your fault, then you are eligible to receive a settlement for your injuries.

    After a car accident happens and you are injured, there are so many things that you’ll have to deal with. Medical bills, potentially missing work (and a paycheck), rental car, getting to and from the doctors, dealing with your insurance company, etc.

    What If Your Car Was Totaled?

    This situation is a nightmare for anybody who has ever been involved in a bad car accident and whose car was totaled. You follow all the rules of the road, you don’t speed, you stop at stop signs, you use your blinkers, etc. But even when you follow all the rules, there is still a chance in your life that you’ll be injured in a car crash, due to no fault of your own. When the accident was not your fault, but your car is totaled, it just makes everything 10 times worse to deal with. 

    When a car has been totaled, the insurer is supposed to compensate you for the determined value (of that vehicle) before the accident took place. Typically, you won’t be able to keep the totaled car for parts or to sell, so you need to be careful with the process. Just remember that insurance companies don’t like to pay out money, and many times they will give you an estimate (on your totaled car) that is a low offer. The bottom line is you don’t want to fight the legal battle with the insurance companies alone.

    How Long Do You Have to File An Injury Claim After an Accident?

    In California, you have 2 years to file a claim, but you don’t want to wait even a week. If you were injured in a car accident that is not your fault, you want to get help immediately and protect your legal rights. The longer you wait to get medical treatment and hire an attorney, the more time the insurance company could use against you later if they try to deny your claim or minimize your injuries.

    Contact DK Law

    Our team has helped thousands of car accident victims get maximum compensation for their injuries. We know how to handle insurance companies, and we’ll fight for you. We can help Uber drivers, Postmates drivers, motorcyclists, and even taxi cab drivers. Contact our car accident attorney today for a free consultation.

    About the Author

    Michelle Lysengen

    Michelle is a content specialist at DK Law and creates content that highlights company events and breaks down complex legal topics into digestible, engaging content. She earned her B.A. in Marketing from California State University, Fullerton.

    Reviewed By

    Matt Taylor, Esq.

    Senior Partner & Director of Litigation

    Matt Taylor is a seasoned trial attorney at DK Law with 10+ years experience handling complex personal injury and premises liability cases.


    Last reviewed on November 10, 2025

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