What To Do After a Car Accident Not Your Fault

What To Do After a Car Accident Not Your Fault

Let’s face it: car accidents are scary, regardless of how minor they are. A million things run through your head upon impact, such as: am I hurt? Is the other driver hurt? How am I going to afford this? Most importantly, though, you’re probably wondering what to do after a car accident that is not your fault. In this blog, the legal team at Bailey, Johnson & Peck walks you through the exact steps you need to take following a car crash. 

Each Albany personal injury lawyer at our law firm is well-versed in personal injury law. So if you or someone you love suffers life-threatening injuries from a crash and you’re not sure if your car insurance company will cover it, we’ll step in. We provide the strongest legal representation in New York for personal injury victims. Call us today at 518-465-0082 for a free case evaluation.

What To Do After a Car Accident That Is Not Your Fault

If you’ve been in a car crash before, you know how scary it is, even if you weren’t injured. The adrenaline coursing through your body after an accident makes it difficult to think clearly. You feel so shaken up that you have no idea what to do next. If you ever find yourself in a car accident that wasn’t your fault, it’s important to protect yourself first.

Call 911

Call 911 immediately, even if the crash is a minor fender bender and you think that you’re not injured. Sometimes, crash victims don’t know that they’ve suffered severe injuries until the effects of adrenaline have worn off. The fight or flight response in the body is designed to save your life, and in doing so, it can hide your pain and injuries until you calm down.

When you call 911, both paramedics and the police will arrive on the scene. When the police arrive, they will determine who the negligent driver is and include it in their official police report. This accident report will serve as a crucial piece of information for your insurance claim and, if necessary, your lawsuit against the other driver.

Stay at the Accident Scene and Collect Evidence

Next, don’t leave the accident scene, or you could be charged with a hit-and-run. Instead, stay on the scene and collect evidence. Ask the at-fault driver for their:

  • Name
  • Phone number
  • Address
  • Insurance company and insurance policy number

If there are witnesses on the scene, ask for their names and contact information too. Lastly, take pictures of the accident scene. Make sure to get plenty of pictures of your car damage, your injuries (if any), the street where the crash happened, and any other relevant information. When you get into a car accident that’s not your fault, it’s crucial to arm yourself with as much evidence as possible.

Document the Crash in Writing 

If you’ve only sustained minor injuries or no injuries at all from the accident, you can go home that same day. When you get home, make sure to write down exactly how the accident happened. Our memory is incredibly unreliable and can change over time. It’s important to document the experience for the sake of evidence while the details are still fresh in your mind.

Call Your Insurance Company

The next thing you should do is contact your own insurance company and let them know that you got into a car accident that wasn’t your fault. In most cases, you don’t need to call the other driver’s insurance company unless it’s clear that they lied about being at fault. 

Report Your Crash to the DMV

In New York, accident victims must report their crash to the DMV within ten days, especially if the crash racked up more than $1,000 in property damage. If you don’t do this, your driver’s license could get suspended.

Contact a Personal Injury Attorney at Bailey, Johnson & Peck

If it’s clear that the other driver is lying to their insurance company about what really happened or they’re refusing to talk to their insurance company about the accident altogether, you need to hire a New York car accident attorney at Bailey, Johnson & Peck. They will do all the talking for you so that you can receive the settlement offer you deserve.

Additionally, if you’ve suffered major car accident injuries due to the at-fault party’s deviation from the reasonable person standard, it’s important to file a personal injury claim. That’s because your own insurance policy, or the at-fault driver’s insurer, may not be able to cover thousands of dollars in medical expenses, lost wages, property damage, etc. Sometimes, filing a claim is the only way to recover appropriate compensation.

what to do after a car accident that is not your fault

Is New York a No-Fault State?

Is NY a no fault state?

Yes, New York is a no-fault state. This means you must file an insurance claim with your personal injury protection. In most cases, you will collect appropriate compensation for your medical bills and other damages resulting from the accident, regardless of if you were at fault. According to New York’s DMV, every driver must have the minimum insurance coverage listed below.

  • $10,000 for property damage
  • $25,000 for the bodily injury of 1 person
  • $50,000 for the death of 1 person
  • $50,000 for the bodily injury of 2 people
  • $100,000 for the death of 2 people

Can I File a Personal Injury Lawsuit if I Live in a No-Fault State?

In no-fault states, you can only file a lawsuit against the negligent driver if you’ve suffered serious injuries that a no-fault claim can’t cover. The serious injuries threshold in New York is $50,000. In other words, if the cost of your bodily injuries exceeds $50,000, you should contact an Albany catastrophic injury lawyer and file a lawsuit.

Additionally, New York Insurance Laws Section 5102(D) defines a serious injury as one that results in:

  • Amputation(s)
  • Loss of a fetus
  • Paralysis
  • Permanent loss of function of a bodily organ or system
  • Permanent disfigurement or scarring
  • Any non-permanent injury that prevents a person from accomplishing their normal, day-to-day tasks for 90 to 180 days
  • Wrongful death

In severe car crashes like this, a personal injury lawyer can help you recover non-economic damages like emotional distress and pain and suffering. For wrongful death claims, our Albany wrongful death lawyers can help.

Pure Comparative Fault Rule in New York

New York also follows the pure comparative fault rule when it comes to car accident compensation. This rule mostly comes into play when both drivers share a percentage of fault in the crash. So let’s say that the jury thinks $100,000 is an appropriate amount of money to cover your damages. If the jury also finds that you share 10% of the blame in the accident while the other driver shares 90% of the blame, you would receive $90,000 in damages.

New York Statute of Limitations for Car Accidents

In New York, injury victims have three years from the date of their accident to file a personal injury lawsuit if they want to. If you wait longer than three years to file your lawsuit, the court will likely dismiss your case.

what to do after a car accident that is not your fault

Call a Personal Injury Attorney at Bailey, Johnson & Peck Today

If you’ve suffered injuries that are too severe for an auto insurance company to cover, you need to call a legal professional at Bailey, Johnson & Peck. Not only do we have extensive experience in making sure that car insurance companies offer victims a fair settlement, but we also have extensive experience in defending car accident victims in court. When you hire us, we’ll make sure to walk with you through every step of the legal process. Call our Albany law firm at 518-456-0082 to get started on your attorney-client relationship today.


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Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.

We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.