What To Do After a Car Accident in Brownsville, TX That’s Not Your Fault

What to do after a car accident (even if it wasn’t your fault)

  1. Stay calm and ensure everyone’s safety
  2. Seek immediate medical attention, even if you don’t feel any pain right away
  3. Exchange contact and insurance information with the other driver
  4. Do not admit fault or apologize, as it can impact your ability to receive compensation
  5. Report the accident to the Brownsville police and your insurance company as soon as possible
  6. Gather evidence such as photos, videos, and witness statements to support your claim

Being involved in a car accident can be a traumatic experience, especially when it’s not your fault. In the aftermath of such an incident, it’s important to know what steps to take to protect yourself and ensure that you receive the compensation you deserve. This article will guide you through the immediate actions to take after a car accident, how to report it to your insurance company, and gather evidence for your claim. It will also explore the option of hiring an Brownsville car accident lawyer and what not to do after a car accident that’s not your fault.

Immediate actions to take after a car accident

When you find yourself in a car accident that’s not your fault, it’s crucial to take immediate action to protect yourself and ensure your safety. The following steps should be followed in the aftermath of a car crash:

1. Assess the safety and injuries of everyone involved

The first priority after an auto accident is to ensure the safety of everyone involved. Check yourself and any passengers for injuries and if necessary, seek immediate medical attention. Some injuries may not be immediately apparent, so get a thorough medical examination as soon as possible. This is especially helpful if the accident wasn’t your fault. You’ll want to have a record of all injuries and medical bills for when you file a claim.

2. Call for medical assistance if needed

In the event of serious injuries, call for medical assistance right away. Dial emergency services or ask someone at the scene to make the call for you. Severe injuries may require immediate attention at the emergency room, so don’t delay medical treatment. Your health and wellbeing should be the top priority in the aftermath of a car accident.

3. Exchange information with the other driver

After a car wreck, exchange contact and insurance information with the other driver involved. This information will be necessary when filing an insurance claim and seeking compensation for your damages. When exchanging information, make sure to obtain:

  1. Full name and contact information of the other driver
  2. Insurance company name and policy number
  3. Vehicle make, model, and license plate number

If the other driver resists, remind them that Texas law requires each driver to provide their information to the other driver. This applies to Brownsville, Texas as well.

Sec. 550.023. DUTY TO GIVE INFORMATION AND RENDER AID. The operator of a vehicle involved in a collision resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall:

  1. give the operator’s name and address, the registration number of the vehicle the operator was driving, and the name of the operator’s motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision;
  2. if requested and available, show the operator’s driver’s license to a person described by Subdivision (1); and
  3. provide any person injured in the collision reasonable assistance, including transporting or making arrangements for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.
TRANSPORTATION CODE; TITLE 7. VEHICLES AND TRAFFIC; SUBTITLE C. RULES OF THE ROAD; CHAPTER 550. COLLISIONS AND COLLISION REPORTS; SUBCHAPTER B. DUTIES FOLLOWING COLLISION

It’s also a good idea to jot down a brief description of the accident, noting the time, date, and location. This information will be helpful when you file a report to the police and your insurance company.

4. Avoid admitting fault

DO NOT admit fault or even apologize, even if you believe you may have contributed to the accident. Admitting fault can have significant consequences and may impact your ability to receive compensation for your damages. It’s best to let legal professionals determine liability based on evidence and facts.

If you have any concerns about liability, consult with an Brownsville car accident lawyer for advice specific to your situation.

You can be kind and considerate, but don’t say anything that the other driver could use to try to shift the blame to you.

5. Call local law enforcement and report the wreck

Another important step after a car wreck is to call Brownsville law enforcement and report the accident. In Brownsville, Texas, it is a legal requirement to report wrecks that result in injury or significant vehicle damage.

Sec. 550.026. IMMEDIATE REPORT OF COLLISION. (a) The operator of a vehicle involved in a collision resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the collision to the:

  1. local police department if the collision occurred in a municipality;
  2. local police department or the sheriff’s office if the collision occurred not more than 100 feet outside the limits of a municipality; or
  3. sheriff’s office or the nearest office of the department if the collision is not required to be reported under Subdivision (1) or (2).
TRANSPORTATION CODE; TITLE 7. VEHICLES AND TRAFFIC; SUBTITLE C. RULES OF THE ROAD; CHAPTER 550. COLLISIONS AND COLLISION REPORTS; SUBCHAPTER B. DUTIES FOLLOWING COLLISION

The police officer will file a report that documents important details about the accident, including the date, time, location, and parties involved. This report can be crucial when settling your case with insurance companies and establishing liability. Be sure to request a copy of the police report for your records.

6. Take photos and videos of the accident scene and damage

Document the crash by taking photos and videos of the accident scene and the damage to your vehicle. These visual records can provide valuable evidence to support your claim. When taking photos and videos, be sure to:

  1. Capture multiple angles of the scene, including skid marks, road conditions, and any traffic signs or signals
  2. Document the damage to all vehicles involved, both close-up and from a distance
  3. Take photos of any visible injuries sustained by you or your passengers

7. Get contact information and statements from witnesses

If there were any witnesses to the event, gather their contact information and obtain their statements. Witnesses can provide valuable testimony about how the accident occurred and who was at fault.

Ask for their names, phone numbers, and email addresses. If possible, record their statements on your phone or write them down immediately after the accident. Witness statements can be crucial when establishing liability and supporting your claim.

8. Report the accident to your insurance company

Report the accident to your own insurance company as soon as possible. Even if the other driver is at fault, your insurance company needs to be aware of the crash and may need to provide coverage for certain expenses.

When you report the incident, provide accurate and detailed information about the incident, including the other driver’s information, the police report if available, and any injuries or damages sustained.

Your insurance company will guide you through the claims process and help you navigate any legal requirements or procedures that may arise.

What to do in the days following the accident

Keep records of injuries and treatment

Some injuries may not be immediately apparent and may worsen over time if left untreated. Seeking prompt medical attention not only ensures your wellbeing but also provides documentation of your injuries.

Keep a record of all medical treatment received, including doctor’s visits, hospital stays, medications, and any related expenses. These medical records will play a significant role in supporting your personal injury claim and seeking compensation for your damages.

Obtain a copy of the police report

Obtaining a copy of the police report is essential for your insurance claim and any legal proceedings that may arise. The police report contains important details about the wreck, including the officer’s observations, statements from involved parties and witnesses, and any citations or charges.

Contact the Brownsville law enforcement agency that responded to the scene and request a copy of the report. You can also do this online from the Texas Department of Transportation’s website. Keep this document in a safe place, as it will be an essential piece of evidence throughout the claims process.

File a claim with the other driver’s insurance company

If the other driver is determined to be at fault, you have the option to file a claim with their insurance company. Contact the other driver’s insurance company and provide them with the necessary information to initiate the claims process.

Be prepared to provide details about the accident, including the police report, photos, and any witness statements.

The insurance company will investigate the claim and determine liability based on the available evidence.

WARNING: The other driver’s insurance company may try to minimize your claim or offer a settlement that is less than you deserve. If you encounter any difficulties or believe you are not being fairly compensated, consult with a car accident attorney to protect your rights and ensure you receive appropriate compensation.

Issues that can happen when filing a claim

Filing a car insurance claim after a car wreck that’s not your fault can sometimes be a complex process. It’s important to be aware of potential issues that may arise during the claims process. Some common issues include:

IssueDescription
Delays in claims processingInsurance companies may take longer than expected to process claims, causing delays in receiving compensation
Disputes over liabilityThe other driver’s insurance company may dispute liability, leading to a prolonged negotiation process
Low settlement offersThe insurance company may offer a settlement that is significantly lower than what you believe you deserve
Denial of the claimIn some cases, the insurance company may deny your claim altogether, citing various reasons

If you encounter any of these issues or believe you are not being treated fairly, it’s advisable to consult with a car accident lawyer. A lawyer can help navigate the claims process, negotiate with the insurance company on your behalf, and ensure you receive the compensation you deserve.

Consider hiring a car accident lawyer

When dealing with a car accident that’s not your fault, it’s essential to consider hiring a car accident lawyer. An experienced car accident lawyer can provide valuable legal advice, guide you through the claims process, and ensure your rights are protected. Here are some reasons why you should consider hiring a car accident lawyer:

  1. Legal knowledge: A car accident lawyer specializes in personal injury law and understands the complexities of car accident claims in Brownsville. They can provide expert legal advice tailored to your specific situation.
  2. Negotiation skills: Insurance companies often try to minimize settlements or deny claims. A car accident lawyer knows how to negotiate with insurance companies to maximize your compensation.
  3. Investigation and evidence collection: A lawyer can conduct a thorough investigation of the wreck, gather evidence, and interview witnesses to build a strong case on your behalf.
  4. Legal representation: If your case goes to court, a car accident lawyer will provide skilled representation and fight for your rights in front of a judge and jury.
personal injury client with money from car wreck case

What NOT to do after a car accident that’s not your fault

When involved in a car accident that’s not your fault, it’s important to avoid certain actions and behaviors that could jeopardize your claim and legal rights. Here are some crucial things NOT to do after a car crash:

Don’t admit guilt or apologize

Avoid admitting guilt or apologizing at the scene of the accident, even if you believe you may have contributed to the crash. Admissions of fault can be used against you during insurance claims or personal injury lawsuits. It’s best to let legal professionals determine liability based on evidence and facts.

Don’t interact with the other driver except to gather basic information

While it’s essential to exchange contact and insurance information with the other driver, avoid engaging in unnecessary conversations or arguments. Limit your interactions to gathering necessary information to avoid any potential conflicts or misunderstandings.

Don’t discuss the accident with friends or family

Avoid discussing the event with friends or family, especially on social media. Insurance companies and defense attorneys may use your posts or conversations as evidence against your claim. It’s best to keep the details of the accident and your case private until it is resolved.

Don’t sign ANYTHING without consulting a lawyer

Avoid signing any documents or settlements without consulting a car accident lawyer. The insurance company may try to settle your claim quickly and for a lower amount than you deserve. A lawyer will review any offers or documents to ensure they are fair and in your best interest.

Don’t accept a settlement offer without reviewing it

Before accepting any settlement offer, consult with a car accident lawyer to review the terms and ensure you are receiving fair compensation for your damages. Once you accept a settlement offer, you may be giving up your rights to pursue further compensation.

Don’t make any statements to the other driver’s insurance company

Avoid giving any statements or recorded interviews to the other driver’s insurance company without consulting a car accident lawyer. Insurance adjusters may try to twist your words or use them against you to minimize your claim or deny it altogether. It’s best to let your lawyer handle all communications with the insurance company.

Don’t talk to the insurance company alone! Get a free consultation with a car accident lawyer.

    Free Case Consultation

    Frequently Asked Questions

    How does insurance work when its not your fault?

    Your insurance coverage will still apply even if the crash is not your fault. In no-fault states, your own insurance company will cover your medical expenses up to the policy limits, regardless of fault. However, the at-fault driver’s insurance may be responsible for property damage and additional compensation.

    What to do after a car accident in Tyler that’s not your fault?

    After a car accident that’s not your fault, stay calm, check for injuries, call the police, and gather evidence. Seek medical attention, report the wreck to your insurance company, and consider consulting a car accident lawyer for guidance.

    How can a lawyer help your case when the car accident was not your fault?

    A car accident lawyer can provide legal advice, guide you through the claims process, and ensure your rights are protected. They can investigate the accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

    Is it necessary to file a police report for a not-at-fault accident?

    Even if the wreck is not your fault, it is generally recommended to file a police report. Many states require the filing of a report for accidents involving injuries or significant property damage. The police report can serve as crucial evidence when filing an insurance claim or pursuing legal action.

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