Who is Responsible for What After a Car Accident?

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A car accident often turns life upside down in a matter of seconds. It can bring physical pain, emotional distress, and a wave of uncertainty about what to do next. If you're dealing with an accident's aftermath, one of the first questions you may ask is, "Who is responsible for what happened after a car accident?" Understanding each party's responsibilities is critical for navigating the claims process, determining liability, and working toward compensation for accident-related expenses.

Let’s take a closer look at the roles of the parties involved, the insurance claims process, and the steps to ensure you protect your rights after a car crash.

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Table of contents

Immediate Steps After a Car Accident

When the dust settles after a car crash, the first minutes can set the tone for everything that follows. Your safety and well-being should always come first. Every situation is unique, and there is no one-size-fits-all answer for how to handle the immediate aftermath of a car crash. Nevertheless, here are some things to consider: 

1. Ensure Safety and Call Emergency Personnel

Check for injuries. If anyone is hurt, call 911 immediately to get emergency personnel to the scene. Never delay seeking medical attention for yourself or anyone else. Even if injuries seem “minor” at first, serious symptoms like physical pain or emotional distress can emerge days later.

2. Avoid Admitting Fault

When speaking with the other driver, police officers, or any insurance agent, avoid saying anything that could be interpreted as admitting fault. Whether or not you think you were responsible, it’s often difficult, if not impossible, to fully consider all of the causative factors which may have led to the crash. Determining liability is a complex process and should not be decided on the spot. 

3. Exchange Information and Document the Scene

Exchange insurance information with the other driver, including their insurance carrier and policy details. Take note of their license plate number and vehicle make and model. Additionally, gather accident details by photographing the vehicles involved, property damage, skid marks, and the surrounding area, including traffic signs or speed limits.

4. File an Accident Report

When police arrive, they will generate an official accident report. Be honest and provide factual information. This police report can play a key role when insurance companies determine fault and when you seek compensation for your injuries and vehicle damage.

Determining Who is Responsible for the Accident

Determining liability—or who is the at-fault party—is a crucial step after a car accident. It influences the claims process, insurance coverage, and how much compensation you may receive. Liability varies greatly depending on the circumstances of the accident and the state where it occurred.

How Insurance Companies Determine Fault

Insurance companies review the accident details to assess liability. They analyze various types of evidence, including the:

  • Police Report – Insurance adjusters rely on accident reports to determine fault. Police officers document statements and conditions at the scene and even issue citations if traffic laws are violated. Much of the information contained on police reports is not admissible in a court of law, but insurance adjusters nevertheless place considerable emphasis on what is contained in police reports. 
  • Witness Testimonies – Passersby or passengers may offer unbiased perspectives about the car crash.
  • Damage Patterns – The location and extent of vehicle damage often help insurance companies determine how the collision occurred.

Modified Comparative Negligence vs. Pure Negligence

Many states operate under comparative negligence laws, where fault can be shared by multiple parties. For instance, in modified comparative negligence systems, you may recover compensation only if you're less than 50% at fault. On the other hand, pure negligence states, like New York, allow compensation even if you hold partial responsibility, although your recovery amount may be reduced by your percentage of fault. New York is thus a “pure” comparative fault state. 

If fault is disputed or involves multiple parties, you may need to seek legal advice to protect your rights.

Sorting Out Insurance Coverage

After determining liability, the role of insurance coverage comes into play. Most drivers carry some form of car insurance, but understanding how policy limits and coverage types come into effect is crucial.

Liability Insurance and At-Fault Drivers

Liability insurance covers damages caused by the at-fault driver's negligence. This includes property damage, medical expenses, and potentially other losses suffered by the injured person. If you're the at-fault party, your liability insurance will handle these claims within your policy limits.

No-Fault States and Personal Injury Protection

If you live in one of the no-fault states, like New York, personal injury protection (PIP) coverage will cover your medical bills and lost wages, regardless of who caused the accident. However, no-fault insurance often limits your ability to seek additional compensation unless certain conditions—like severe injuries—are met.

The Role of the Insurance Adjuster

Once you file a claim, an insurance adjuster will review the accident details to verify claims, assess damage, and recommend how much compensation to offer. It's important to know that adjusters work for the insurance company and may aim to minimize payouts. Be cautious about settling too quickly, especially before understanding the full extent of your injuries and repair costs.

A car accident can leave you with a variety of financial burdens. Fortunately, several accident-related expenses may be recoverable, depending on your insurance coverage and the details of your case:

  • Medical Expenses – Doctor visits, hospital stays, physical therapy, and medication costs can quickly add up. PIP coverage or liability insurance often covers these. Any costs in excess of “basic economic loss” can be recovered from the at-fault motorist’s insurance company as part of a third-party claim. 
  • Vehicle Damage – Repair costs or the replacement value of your car should be covered under liability insurance or collision coverage, depending on fault. 
  • Lost Wages – If you miss work due to injuries, you may seek compensation for lost wages.
  • Pain and Suffering – Compensation for non-economic damages like physical pain or emotional distress may be available in certain cases. The attorneys at William Mattar, P.C. focus on helping injured people recover damages for pain and suffering after New York car crashes. 
  • Additional Compensation – If the at-fault party acted recklessly, you might be entitled to seek additional compensation for punitive damages.

Tips for Protecting Yourself After a Car Accident

Navigating the aftermath of a car crash can be overwhelming, but taking proactive steps can protect your rights and your claim:

  1. Purchase Car Insurance Wisely: Evaluate your auto insurance policy to ensure it offers adequate coverage, including liability limits and protection against uninsured drivers. Supplementary uninsured motorist (“SUM”) coverage is critically important, and often overlooked by insurance consumers. Understanding your policy helps you prepare for worst-case scenarios.
  2. Seek Legal Advice: If fault is disputed or your insurance company isn’t cooperating, a car accident attorney can be an invaluable ally. Attorneys have experience determining liability, gathering evidence, and negotiating with insurance companies to pursue compensation on your behalf.
  3. Understand the Claims Process: From reporting the accident to negotiating settlements, following the proper procedures ensures your claim is processed efficiently and accurately.
  4. Document Everything: Keep records of medical treatments, repair estimates, and correspondence with all parties involved. These documents can help you recoup expenses later.
  5. Be Aware of State Laws: Laws like New York’s pure comparative fault doctrine can significantly impact how much compensation you’re eligible to receive. Staying informed helps avoid surprises.

If you're unsure about how liability will be determined, if you've encountered high medical bills or repair costs, or if you're overwhelmed by insurance company negotiations, you don’t have to face this alone. A car accident attorney can help you understand your rights, handle the complexities of determining liability, and fight for the compensation you deserve.

At William Mattar Law Offices, we focus on motor vehicle injury claims. With years of experience helping clients like you, we're here to provide legal assistance and guidance through the process. Contact us today at (716) 444-4444 or through our online form to discuss your case, determine liability, and pursue the compensation you deserve. You’ve been through enough—now, let us help you move forward.

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