What Happens After a Car Accident That Is Your Fault?

With nearly 36,000 car accidents taking place every day in the U.S., there’s a good chance that you’ll be, or have been, in a car accident at some point in your life. Even a less serious accident can be traumatizing, leaving you a bit dazed and wondering how it could have happened.

These moments of danger and stress often lead to a fight or flight response, triggering physiological changes in your body. When you’re in this survival mode, your heart rate and breathing rapidly increase and you get hyperfocused on perceived dangers around you, at the expense of everything else. This response can affect your memory of the events leading up to and following a car accident, including your recollection of what caused the accident and who was at fault.

This is important to keep in mind as you learn more about what happens after a car accident that is your fault. Here’s an overview of what you can expect as you recover from an at-fault accident.

[Read: Common Car Accident Injuries: Overview]

Reasons Not to Assume Fault

The first thing to appreciate about fault is that it’s a specific legal term that carries significant weight in a car accident claim or lawsuit. Fault refers to a process and a determination that’s often made by police, insurers or courts after an investigation and a review of available evidence. In other words, whether a motorist was in an at-fault collision can’t really be determined in the stressful moments after an accident. Because of this, if you were in a car accident, admitting fault–or assuming it–isn’t really helpful or appropriate. Here are a few more reasons why this is the case.

You May Not Be Aware of All the Evidence

As investigators look into the causes of a car accident, they’ll consider a number of different factors, such as:

— Location of vehicles at the scene

— Conditions of the drivers

— Conditions of the road

— Violations of any traffic laws

— Witness observations

In the process, investigators may spot evidence that you weren’t aware of when assessing damages and injuries. They will also look for evidence that you may not be privy to, like whether other drivers in a crash were on their phone or otherwise distracted before the accident.

The Fault of Others May Reduce or Remove Your Liability

When fault determinations are made, legal and financial liability often attach–but not always. If multiple drivers are determined to be at fault, then the liability breakdown will depend on your state’s comparative fault laws, namely whether it uses the comparative or contributory negligence model of liability.

Most states use the comparative negligence approach, dividing and apportioning liability based on the percentage of each driver’s fault as determined by post-accident investigations. However, in the few states that have contributory negligence laws, a car accident victim is prevented from pursuing a claim or lawsuit if they shared any degree of fault in the accident, however minor.

What happens after a car accident that is your fault in a contributory negligence state? Even if you are at fault in a car accident, any showing of fault by the motorist bringing the claim could prevent them from any recovery, which could leave you and your insurer off the hook for those claims. If you were wondering how to win an at-fault accident, this is one way, but it only applies in certain states.

What to Do After an Accident That Is Your Fault

If you think you played some role in causing an accident and want to know what happens after a car accident that is your fault, there are some important steps you can take at the scene to mitigate the effects of the crash–and your potential liability, such as:

Remaining calm and avoiding emotional outbursts. While you may be dealing with irate drivers, you can set the tone for the interaction by being respectful and understanding. Find opportunities to be helpful, if appropriate.

Assisting in efforts to get needed medical care. In addition to ensuring that you get any medical attention you may need, be mindful of others who may also require it. The safety of everyone involved should be a paramount concern. In addition, prompt medical care will generate important documentation and statements by injured drivers close in time to an accident, which could prove helpful if they contradict themselves later in the process.

Providing required documentation in a prompt manner. Delays in providing your contact and insurance information can frustrate other drivers and cause mistrust and suspicion.

Avoiding discussions as to the causes of the crash. In addition to not assuming fault, you should also avoid discussions with other drivers about the causes of the accident. That said, pay attention to what other drivers may be saying, as they may make certain admissions that could help prove their fault and liability.

Consulting with an experienced car accident attorney. If you’ve been asking, “Should I get a lawyer for a car accident that was my fault?,” you would be well-served to at least consult with one early in the process, depending on the severity of the crash and the nature of the claimed injuries. Doing so can help you to understand your likely degree of liability and ways to mitigate it–and ultimately remove it through a settlement and release of claims.

[Read: How to Settle a Car Accident Claim Without a Lawyer]

If a Car Accident Is Your Fault, What Happens Next?

If you were involved in an accident and think you may have been at fault, there are some important things to be aware of as you go through the next steps in the claims process.

Soon after the accident, you’ll be involved in the claims process and communicating with insurance adjusters. They’ll want to inspect and photograph any damaged vehicles and obtain repair estimates. They’ll also collect statements regarding the accident and possible injuries. Depending on the nature of the accident and the damages, you may want to work with an attorney at this point to better understand your rights and to handle communications with the insurance company on your behalf.

What happens after a car accident that is your fault will largely be shaped by whether you’re in a fault or no-fault state, and what type of coverage you have.

Fault vs. No-Fault States

In a fault state, a car accident victim would make a claim for both property and injury damages with your insurer. In a no-fault state, the car accident victim would only make a claim for property damages with your insurer, but would pursue any injury claims through their own insurer. Regardless of what state you’re in, your insurer, at a minimum, will be working to resolve property claims; whether they handle any injury claims will be based on your state’s laws regarding fault.

Since fault may not always be clear right after an accident, there may be some delay between the insurers as to who will cover what. Often this gets resolved once a fault determination is made in a police report.

Type of Insurance Coverage

Your type of car insurance coverage will also impact the claims process. If you were at fault, your liability coverage will apply to the property and injury damages of other drivers up to your policy limit. If this is the only coverage you have, then you’ll be out of luck when it comes to repairing your own vehicle.

Can you get compensation if the accident was your fault? Yes, depending on what other coverage you have. With collision coverage, which may be required if you’re financing your car, you would be covered for your vehicle’s repairs up to your policy limit, subject to any deductibles. Depending on how much your repairs would cost, your car could be considered totaled, meaning that you would be compensated for its actual cash value and then go through the salvage title process.

Another important type of car insurance coverage is personal injury protection (PIP). This is required in no-fault states, but optional in others. It would cover medical costs for your car accident injuries up to your policy limit and subject to any deductibles, even if you were at fault.

These are the primary sources of coverage that you can expect after an at-fault accident, although others exist, like uninsured/underinsured motorist coverage, MedPay coverage and collision coverage, which could impact the claims process.

Once all the dust is settled, there is one important thing to know about what happens after a car accident that is your fault–expect an increase in your insurance premiums. This could depend on the amount of damages involved in your accident, but these increased rates are likely to last for several years.

[Read: What Happens if You Hit an Uninsured Driver?]

Need Help With a Car Accident That Might Be Your Fault?

If you have concerns about what happens after a car accident that is your fault, you should consider speaking with a car accident attorney in your area. A legal professional can help you understand the laws in your state, the likely course of any claims against you and ways that you can protect yourself in the aftermath.

[How Do Lawyers Bill Their Time?]

More from U.S. News

What Is a Totaled Car? Overview and FAQ

How Does a Salvage Title Work? Overview and FAQ

What Happens if You Hit an Uninsured Driver?

What Happens After a Car Accident That Is Your Fault? originally appeared on usnews.com

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