What To Do After A Car Accident Not Your Fault

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Wise Law Personal Injury & Accident Lawyers
Published date: August 7, 2025
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What To Do After A Car Accident Not Your Fault

Getting hit in a car accident when you didn’t do anything wrong can be scary and confusing. You might not know who to talk to, what steps to take, or how to deal with all the paperwork. But don’t worry, there are clear steps you can follow to protect yourself.

Wise Law helps you take the right actions after a crash, especially when you are not the at-fault driver. We want to make sure you don’t end up paying for someone else’s mistake. If you stay calm, gather the right details, and get proper legal help, you’ll be in a better position to recover. Whether you're facing medical bills, vehicle damage, or calls from the at-fault driver's insurance, it’s important to act quickly.

The Legal and Financial Implications of an Accident Not Your Fault

When the accident wasn’t your fault, you should not have to pay for the damage. But the law still requires you to prove it. You may need to file a claim, deal with the at-fault driver’s insurer, and speak with insurance adjusters.

The costs can add up; repair costs, medical expenses, and lost wages can become a burden. Even in no-fault states, there are limits to what your own insurance company may cover. That’s why understanding your rights and getting help from a car accident attorney is important.

Step 1: Ensure Safety and Assess Injuries

Step 1_ Ensure Safety and Assess Injuries

After a crash, your safety is the top priority. If your vehicle is in the way of traffic and it's safe to do so, move it to the side of the road. Turn on your hazard lights to warn other drivers. If you or anyone else is injured, call 911 right away. Even small injuries can become serious later, so do not ignore them.

Knowing what to do after a car accident not your fault starts with staying calm and checking for injuries. If you're able, check on the other passengers and the other driver, too. Do not leave the scene until help arrives or until it's safe to do so. This step helps protect everyone involved and gives emergency teams a clear picture of what happened.

If the crash was not your fault, this moment is also when you begin gathering facts to protect your rights later. Safety first, then everything else follows.

Step 2: Contact the Authorities and File a Police Report

After making sure everyone is safe, the next thing to do is call the police. The police will come to the scene, talk to everyone involved, and write an official accident report that can help support your insurance claim later.

Why You Should Always Call the Police, Even in Minor Accidents

Even if the accident seems small, you should still call the police. Some damage or injuries may not be obvious right away. Having a police officer at the scene helps create an accurate record. This protects you if the other driver changes their story or if the at-fault driver’s insurance questions what happened.

The Importance of a Police Report in Proving Fault

The police report is one of the most important documents when proving fault. It shows how the accident occurred, includes names, vehicle details, driver’s license numbers, and statements from both drivers. Insurance companies and lawyers often rely on this report when you file a claim or seek payment from the at-fault driver's insurer.

Step 3: Exchange Information with the Other Driver

Step 3_ Exchange Information with the Other Driver

Once the police are on the way and everyone is safe, it's time to gather the right details. This part of what to do after a car accident, not your fault, is very important. You will need this information when you file a claim with the at-fault driver's insurance or talk to your own insurance company later.

What to Exchange (Name, Address, Insurance, License Plate Number)

  • Full name of the other driver
  • Home address
  • Phone number
  • Driver’s license number
  • The license plate number of the vehicle
  • Insurance provider name
  • Insurance policy number

Make sure all the details are written clearly or saved on your phone. Double-check the spelling and numbers to avoid delays in your insurance claim.

Avoid Admitting Fault or Apologizing

After the accident, it’s normal to feel shaken, but be careful with your words. Do not say “I’m sorry” or admit blame, even if you feel bad. These statements can be misunderstood as accepting fault.

Let the police and the insurance companies handle determining fault. Just focus on exchanging contact and insurance information calmly and clearly.

Collect Contact Information from Witnesses

If anyone saw the crash, ask for their name and phone number. Witnesses can help confirm what really happened. Their statements can support your car accident claim, especially if the at-fault driver denies causing the accident.

The clearer and neutral facts you have, the stronger your case will be when speaking to the insurance company or your car accident attorney.

Step 4: Document the Accident Scene

Step 4_ Document the Accident Scene

Taking photos and notes right after the accident gives you strong proof to support your claim. This is one of the most important things to do after a car accident, not your fault. Use your phone to record the details listed below:

  • Photos of all vehicles involved: Capture damage from different angles to show the full impact.
  • Close-up shots of vehicle damage: Focus on dents, broken parts, and any physical damage caused by the crash.
  • Images of road conditions and traffic signs: Show if the road was wet, if signs were blocked, or if lights were not working.
  • Photos of injuries: Take pictures of any cuts, bruises, or visible harm.
  • Location and time: Note exactly where and when the accident occurred for your accident report.
  • Witness contact details: Write down the names and phone numbers of anyone who saw what happened.

Step 5: Seek Medical Attention Immediately

Even if you feel okay, see a doctor as soon as possible. Some injuries show up hours or days later. Getting medical care right away creates a clear link between the crash and your injuries, which helps when you file a claim.

Save all receipts, medical bills, and doctor’s notes. These prove that the at-fault driver should cover your medical expenses.

Step 6: Contact Your Insurance Company

Step 6_ Contact Your Insurance Company

Call your own insurance company as soon as you can. Even when the accident is not your fault, most auto insurance policies require you to report the crash. Give them all the details, including the accident report number, the at-fault driver’s information, and any photos or witness contacts you have.

When you file a claim with your own insurance company, they may help you get your vehicle fixed quickly while waiting for the at-fault driver's insurance to pay. Be honest, stick to the facts, and avoid guessing what happened. If the other driver’s insurer contacts you, it’s best to let your car accident attorney handle those calls. This helps avoid mistakes that could affect your claim.

Step 7: Consult with a Car Accident Lawyer

If the accident wasn’t your fault, talking to a car accident attorney can make a big difference. Insurance companies often try to pay as little as possible. An experienced lawyer can help you understand your rights, file a claim, and deal with the at-fault driver's insurer to recover full compensation for your losses.

Why You Need Legal Help After an Accident Not Your Fault

When you’re not the at-fault driver, you still need to prove it. A car accident attorney knows how to gather the right evidence and deal with the insurance company. They also help when the at-fault driver's insurance delays, denies, or offers too little for your damages.

How a Lawyer Can Protect Your Rights and Help You Seek Compensation

An attorney will review your case, talk to insurance adjusters, and fight to get payment for medical expenses, repair costs, lost wages, and more. They can also explain your state’s laws and how they affect your claim.

What to Expect During Your Initial Consultation

In your first meeting, your lawyer will ask how the accident occurred, check your accident report, review your insurance policy, and explain your next steps. They may also contact the other driver's insurer and help file a claim for full compensation. Most consultations are free and come with no pressure to commit.

Step 8: Keep Track of Your Expenses and Losses

Step 8_ Keep Track of Your Expenses and Losses

After the accident, write down everything you spend or lose because of it. This includes medical bills, repair costs, rental car fees, and missed work. If the at-fault driver caused the crash, you may be able to recover these costs through a claim. Save receipts, pay stubs, and any notes from your doctor.

These records help prove how the accident affected your life. They show real numbers to the insurance company and your car accident attorney. The more detailed your list, the easier it will be to ask for full payment from the at-fault driver's insurance. Keeping good records also helps if your case goes to court. Don’t rely on memory. Keep everything organized and easy to access.

Step 9: Understand the Insurance Claim Process

Filing an insurance claim after a car crash can be confusing, especially when it wasn’t your fault. You may need to deal with both your own insurance company and the at-fault driver's insurer. Knowing how fault is decided and how to talk to insurance adjusters helps you protect your rights and recover fair compensation.

How Fault Is Determined in an Accident Not Your Fault

Insurance companies look at the accident report, photos, and witness statements to decide who caused the crash. Some states follow rules where both drivers can share fault, while others are no-fault states. Understanding your state’s laws and working with a car accident attorney can help prove you were not the at-fault driver.

Dealing with the Other Driver’s Insurance Company

The at-fault driver's insurance may contact you after the crash. Be careful with what you say, and don’t agree to anything right away. Their goal is to pay as little as possible. You can ask your lawyer to speak to the other driver's insurer on your behalf to avoid mistakes that could hurt your claim.

Negotiating a Fair Settlement for Your Damages

Insurance companies may offer less than what you really need. This includes lower amounts for repair costs, medical bills, and lost wages. An experienced lawyer can look at the full damage and push for a fair settlement that stays within the policy limits of the at-fault driver’s insurance. You don’t have to accept the first offer.

Step 10: Prepare for Possible Legal Action

Step 10_ Prepare for Possible Legal Action

If the at-fault driver's insurance refuses to pay fairly, you may need to take legal action. This can happen when your damages are high or the insurer won’t accept fault. A car accident attorney can guide you through this process and help you recover compensation for all your losses through court or settlement talks.

What to Do if You Can’t Reach a Settlement with Insurance

If the insurance company won’t settle, talk to your lawyer right away. They will review the claim, gather more evidence, and explain your legal options. You may have to file a lawsuit to get full payment for medical expenses, property damage, and lost income.

Filing a Lawsuit for Additional Compensation

When a claim doesn’t cover all your costs, a lawsuit lets you ask for more. You can seek payment for things like pain, emotional stress, and long-term medical care. Your lawyer will help you file the case and represent you in court if needed.

The Role of a Lawyer in Litigation and Settlement Negotiations

Your lawyer handles the hard parts: talking to the driver’s insurer, gathering documents, and representing you during legal meetings or court. They aim to reach a fair deal before trial, but if that doesn’t happen, they’ll fight for your rights in court to get the compensation you deserve.

FAQs

1. What should I do while waiting for the police to arrive?

Remain calm when the police arrive, stay at the scene, and check for injuries. Do not move your vehicle unless it’s unsafe.

2. Am I legally required to report the accident?

Yes, in most states, you are legally required to report the accident, especially if there are injuries or property damage.

3. Can I file a claim with your insurance even if I’m not at fault?

Yes, you can file a claim with your insurance to cover costs upfront, especially if the at-fault party’s insurer delays payment.

4. What if the other party blames me for the collision?

Do not argue or start accepting blame. Let the police and insurance companies decide who was at fault.

5. Will a finance company cover repairs if my car is financed?

Your finance company may require full coverage. They will expect you to fix the car if damage occurs after the accident.

Contact a Los Angeles Car Accident Lawyer to Ensure Fair Compensation

Contact a Los Angeles Car Accident Lawyer to Ensure Fair Compensation

If you’ve been involved in an auto accident and it wasn’t your fault, you deserve fair compensation for all the harm caused. Medical bills, vehicle repairs, and time away from work can quickly add up. You shouldn’t have to face this alone.

Wise Law provides strong legal representation to help protect your rights and hold the at-fault driver accountable. We work directly with the insurance companies, gather all the evidence, and fight to make sure you get the payment you’re owed. Our goal is to make the legal process easy and stress-free for you.

Don’t wait until problems grow. Contact us today to schedule your free consultation with a Los Angeles car accident lawyer. We’re ready to help you move forward after an accident and focus on your recovery while we handle the rest.

Published by
josh kohanim
About The Author
Josh Kohanim, Esq., is the founder and managing attorney of Wise Law. He has dedicated his career to advocating for individuals who have suffered catastrophic personal injuries. With over a decade of extensive experience in personal injury law, including six years at a prestigious California injury law firm, Josh was mentored by some of the state’s leading trial lawyers. He has successfully represented clients in a wide array of cases, ranging from catastrophic motor vehicle accidents to intricate injuries resulting from toxic chemical exposure.

Wise Law Personal Injury & Accident Lawyers. (2025, May 15). What to Do After a Car Accident in Los Angeles: A Quick Legal Guide. Retrieved May 15, 2025, from https://www.wiseinjuryfirm.com/what-to-do-after-a-car-accident-los-angeles.

This guide provides essential steps for car accident victims in Los Angeles, including immediate actions to take, how to document the scene, and when to seek legal help.Los Angeles Police Department. (2024, December 10). LAPD Traffic Collision Reports and Safety Statistics. Retrieved May 15, 2025, from https://www.lapdonline.org/traffic/accident-statistics.

This official LAPD resource offers detailed statistics on traffic collisions in Los Angeles and outlines citywide safety initiatives and reporting procedures.California Office of Traffic Safety. (2024, October 18). City of Los Angeles Traffic Safety Rankings and Reports. Retrieved May 15, 2025, from https://www.ots.ca.gov/rankings/los-angeles-2024
This page outlines how Los Angeles ranks among other California cities in terms of crashes, injuries, DUI incidents, and pedestrian safety.
California Department of Motor Vehicles. (2023, November 5). Accident Reporting Requirements in California. Retrieved May 15, 2025, from https://www.dmv.ca.gov/portal/vehicle-registration/reporting-a-traffic-accident.

This DMV resource explains when and how to report a car accident in California, including legal requirements for filing SR-1 forms and working with insurance providers.
National Highway Traffic Safety Administration. (2023, July 20). Driving Safely in Urban Areas: Los Angeles Focus. Retrieved May 15, 2025, from https://www.nhtsa.gov/los-angeles-driving-safety
The NHTSA offers urban driving safety tips and accident prevention strategies tailored to high-traffic cities like Los Angeles.

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18653 Ventura Blvd. Suite 361 Tarzana, CA 91356
(424) 235-7879

This page was written, edited, and reviewed & approved by Josh Kohanim. Josh is has been recognized as a “Super Lawyer” in Personal Injury representation for several consecutive years. Additionally, Josh has been named one of the Top 100 Trial Lawyers by the National Trial Lawyers Association for his exceptional track record in personal injury law. If you’ve been injured or harmed, Josh has the experience and dedication to help you secure the compensation you deserve. Our last modified date shows when this page was last reviewed.
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