If you’ve been in a car accident, you may have a lot of questions about what comes next. Here are some of the most common questions clients ask about car accident claims.
- What is the first thing to do after an accident?
- Does the other driver have to exchange insurance information?
- What happens when an uninsured driver hits you?
- Will your car insurance rates go up after a minor accident?
- How much does an insurance company pay for my accident?
- What is “subrogation,” and why does my insurance keep asking me about it?
- What if I wasn’t responsible but am covered by an uninsured/underinsured motorist policy?
Keep in mind that every case is unique, so these answers should not be taken as legal advice. If you’re looking for specific legal advice, it’s best to speak with an attorney.
1. What Is the First Thing To Do After an Accident?
The first thing to do after an accident is call the police. Every state has different laws on when it’s mandatory to involve the police. Still, it’s always a good idea to play things safe and call 911 or your local non-emergency number so that law enforcement can document the scene of your accident.
In some cases, a police report can help you make a case for additional compensation for things like medical bills and vehicle damage. Contact a local Johns Creek car accident lawyer to go over other essential documentation for a winning claim.
2. Does the Other Driver Have To Exchange Insurance Information?
If you’re in an accident that wasn’t your fault, then yes—the other driver has to exchange insurance information with you. After an accident has occurred, you must get all the necessary information about the incident.
A good idea is to take pictures of everything with your phone before the scene gets too crowded. Generally, this includes:
- Damage done to your vehicle
- Other property damage
- Your injuries
- Anyone involved in the accident
- The other driver’s car and license plate number
3. What Happens When an Uninsured Driver Hits You?
Yes—you still have to file a claim. Suppose an uninsured driver hits you. In that case, your insurance company will pay your damages up to the coverage limit of your policy, and the uninsured motorist’s insurance should cover anything above that.
4. Will Your Car Insurance Rates Go Up After a Minor Accident?
It depends on your state and your insurance company, but you’ll likely get a rate increase if you file an accident claim after a minor fender bender. In some states, you’ll get a modest rate increase if your car is only slightly damaged.
Aftermarket parts used to repair your vehicle can cause a rate hike in other states, even if the actual damage wasn’t that severe. This is especially true for older cars that may need new suspension components or bumper covers.
5. How Much Does an Insurance Company Pay for My Accident?
If a drunk driver hits you, your insurance company will pay for everything up to your policy’s coverage limit.
They won’t be able to get that money back from any damages paid out to third parties—so if you have $10,000 in available coverage and the other party is liable for $15,000 worth of damage, you’re going to have to pay the extra $5,000 out of pocket.
It’s a good idea to buy uninsured motorist coverage if you can afford it because that will help cover any damages paid by the other driver’s insurance company.
6. What Is “Subrogation,” and Why Does My Insurance Keep Asking Me About It?
Subrogation is the process by which your insurer gets reimbursed for money paid out to you. For example, if you were in a car accident where the other driver was at fault and you were injured, their insurance company pays for your medical bills—and your insurer may ask for a reimbursement.
This can cause tension between insurers and insured parties, but your insurer must get reimbursed for any damages paid out to you.
7. What if I Wasn’t Responsible but Am Covered by an Uninsured/Underinsured Motorist Policy?
If you’re injured by another driver but aren’t responsible for the accident, then your uninsured motorist coverage will cover your injuries. If you’re injured on your bicycle, and the driver flees, for example, then your uninsured motorist coverage will kick in and pay damages to you (up to your policy’s limits).
Underinsured motorist coverage may also apply if another driver causes an accident and has liability insurance that isn’t enough to cover the total amount of damages.
Final Thoughts
If you were the victim of a car crash, you may have many other questions to ask. Turn to a qualified legal expert for more information. Remember that each case is unique, so the answers to certain questions can differ based on the specifics of a case.
Author: With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.
