What to do after a car accident in America | The Nunez Law Firm

What to do after a car accident in America

Got in an accident in America

Every year the number of cars on the road increases. Car manufacturers promise improved car performance and the greatest possible protection at the time of an accident. However, one way or another, people continue to get into car accidents and get injured afterwards. This raises the question of how to keep yourself safe after a collision occurs and how to avoid possible additional hardships. Below we provide a short list of basic rules of conduct after you are involved in a car accident in America.

So, you have been in an accident – what should you do?

First, you should calm down and stop your car completely. Do not run away from the scene of the accident. Remember that in the U.S., fleeing the scene of an accident may subject you to additional penalties.

Park your car in a safe place and turn on your emergency lights.

Examine yourself, your passengers, and those in the other car for injuries. Provide “reasonable assistance” to the injured if necessary.

Call the emergency services and tell them you have been in a car accident. Explain to the dispatcher how bad your accident is, where you are, and if you have any injuries. After listening to you, the emergency worker will send police and medical assistance, if necessary, to the scene of the accident.

While waiting for the police officers to arrive, start gathering information about the conditions of the collision and the other driver.

You will need to gather the following information:

  • The other driver’s contact information (his name, address, phone number and his insurance company information);
  • Information about the weather and road conditions at the time of the accident;
  • Information about the cars involved in the accident (make and model of the cars, their license plates and years of manufacture);
  • contacts of witnesses of the accident.

Try to take as many photos as possible of the accident scene and, if possible, record video.

You may also need written statements from witnesses to the accident. Ask them to describe everything they saw on a piece of paper, be sure to sign and date it.

If the arriving officers ask you about how the accident occurred, try to tell them exactly your version of what happened. At the same time, do not make any statements about the perpetrator of the accident. In the future, your words may work against you.

Make sure that the police officer writes up a report and lists the names of all the passengers in your car at the time of the accident.

Seek medical attention within 14 days of the accident. You should do this even if you initially feel fine. Some injuries are not immediately visible, but you will be able to document them when you have a medical exam.

Also, you should notify your insurance company about the accident.  An insurance company employee will review your case and offer you a settlement agreement. Do not sign it without discussing the matter with an attorney beforehand. Insurance agents, for the most part, draft such documents in favor of their company, but not in favor of the injured driver.

Seek the help of an experienced lawyer, and he will be able to guide you through all possible difficulties arising after an accident in America.

What immigrants do after a car accident

People from other countries often come to America. Some people come only temporarily, and some stay permanently. However, some immigrants stay in the United States illegally. One way or another, some of them drive cars, and so the question arises as to what to do after an accident in America.

Often, because of ignorance of their rights and fear of disclosure of their immigration status, people lose the opportunity to receive compensation after an accident. However, the U.S. Constitution guarantees equal rights for all people involved in an accident. And immigration status, more often than not, is not even considered in compensation matters.

The only issue your immigration status can affect is the payment of lost wages. And whether you get it or not depends on which state in America you had the accident.

To know exactly what you can expect after an accident, seek legal help. Our lawyer will be able to advise you and help you deal with problems that have arisen after a car accident in the United States.

Consequences of an accident without insurance

Driving a car in the U.S. is allowed if you must have automobile insurance. However, in some states of America, an insurance policy can be replaced by a minimum financial responsibility. If you are involved in a car accident without insurance (for example, you were not insured) and you have no other minimum financial responsibility, you will face penalties appropriate to the offense.

In general, each state in America has its own penalty for driving without insurance. However, there are general requirements for the types of penalties for drivers who are involved in an accident and do not have insurance. These are:

  • Liability for bodily injury;
  • Liability for property damage.

Liability for bodily injury depends on how severe the injuries were to those involved in the accident who were in the other car. The more severe the injuries, the higher the medical bills will be. Generally, coverage for these costs is $10,000 to $50,000 per person and $20,000 to $100,000 for an accident (the amount depends on the state where the accident occurred).

Liability for property damage includes coverage for those costs that would be needed to repair damage to the other driver’s personal property (his or her car, personal belongings inside the car, or external items damaged in the accident). The amount of this liability can range from $10,000 to $25,000.

You may also have to pay a fine for being stopped or having an accident without insurance, the amount of which depends on the state where the accident occurred. However, the amount of the fine for such a violation will depend on the number of times it was committed (the more you are stopped without insurance, the higher the fine will be).

In addition to the fine, your driver’s license may be suspended. The length of the suspension also depends on how many times you are charged with driving without insurance.

Moreover, in some states, you can be arrested for driving without insurance for a period of time. And, as with the situations described above, the length of your arrest will depend on the number of violations committed.

An accident in which you did not have insurance will also mean higher insurance costs for you later on. This is because such an accident will automatically put you in the risk group. That is, in the group of those drivers who can turn into a big financial loss for the insurance company.

An accident that occurs through your fault can especially affect your financial situation. Especially if you are the one who caused the accident. After all, in such a scenario, you will be required to cover both your own injuries and property damage as well as the injuries and property damage of the other driver. And, the situation can be especially complicated in states where the injured driver’s insurance companies collect damages from the at-fault party.

If the other driver was at fault in the accident, then, depending on the state, you may be able to recover some of your losses. In this case, the accident may be partially covered by the other driver’s insurance company or at his own expense.

It’s worth understanding that there are two types of auto insurance in the states of America – at-fault insurance and no-fault insurance. And who and what kind of compensation will be paid after the accident (including an accident in which one of the drivers had no insurance), depends on the type of insurance in force in the state.

Secure yourself ahead of time and consult with an experienced attorney about what type of insurance system your state has in place. And, if you are involved in an accident in which you or another driver does not have insurance, seek legal help immediately. Our attorney will do everything possible to help you deal with all the consequences and compensation issues after an accident.

Сhecked by The Nunez Law FirmPosted on July 26, 2021