Being involved in a car accident can be a stressful experience, especially when you are not-at-fault. In the confusion and anxiety that follows, it’s easy to make mistakes that could complicate the claims process or impact your rights. Understanding the most common mistakes people make after a not-at-fault accident can help you avoid them and protect yourself. Here are some key pitfalls to watch out for and tips on how to handle the situation effectively.
Failing to Call the Police in Certain Situations
One of the most common mistakes drivers make after an accident is failing to contact the police in certain situations. Failing to contact the police and reporting your accident in these situations can result in serious penalties. Traffic crashes should be reported to the Police when they meet certain conditions including:
- The situation is an emergency or life threatening
- drivers/riders appeared to be under the influence of drugs or alcohol
- People involved were seriously injured or worse
- The drivers/riders/owners involved failed to share their details
- At least one vehicle involved in the crash had to be towed
- Road blockages
You will require a NSW Police Event number for insurance purposes.
Not Gathering Enough Evidence
Many drivers underestimate the importance of collecting evidence at the scene of the accident. If you are not-at-fault, it is essential to gather as much information as possible to support your claim. Examples of evidence to collect at the scene of an accident include:
Your notes about the accident. It is best to write down what happened in the accident while it’s still fresh in your mind. In your notes include information like:
- The date and time of when the accident occurred
- location of the accident
- The model and colour of the vehicles involved
- The registration of the vehicles involved
- Description of how the accident happened
- Traffic conditions
- Speed limit on the road and the speed you were travelling
- Weather condition
- Conversations you’ve had with the other driver and witnesses
- Witness details
- A description of the damage of your car or other cars involved in the accident
- Whether police attended and a report was made.
- Witness statements. Get contact details of witnesses to the accident and ask them to prepare and sign a statement about the accident including what they saw or heard. It’s best to contact witnesses as soon as possible so that details are not forgotten.
- Photos and video footage. Dash camera footage can be crucial evidence to support your case in a not-at-fault accident. Additionally, take photos of the surroundings of the accident, the position of your car and the other driver’s car – ensure the photos are clear to better explain the circumstances of the accident.
- Police incident report. This is only applicable if police were on the scene of the accident, or the accident was reported to them.
The more evidence you have the more it will strengthen your case and help prove that you were not-at-fault.
Admitting Fault or Apologising
In the aftermath of an accident, it’s natural to feel the urge to apologise or make statements that could be interpreted as admitting fault. However, doing so can seriously undermine your position. Even if you believe you may have contributed to the accident, you should avoid saying anything that could be considered an admission of guilt. Instead, remain calm, stick to the facts, and let the police and insurance companies determine fault based on the evidence.
Delaying to Notify Your Insurance Company
Failing to report the accident to your insurance company promptly can complicate the claims process. Some people fear that notifying their insurer will affect their premiums, but this is usually not the case if you are not-at-fault. Notifying your insurer allows them to start the claims process, provide you with guidance, and help protect you against any potential claims from the other driver. Most insurance policies have specific timeframes within which you must report an accident, so act quickly to avoid any potential issues.
Not Understanding Your Rights
Many drivers are unaware of their rights after a not-at-fault accident. For example, you have the right to choose your repairer, seek compensation for any damages or injuries, and obtain a replacement vehicle while yours is being repaired. Failing to understand these rights can leave you at a disadvantage when dealing with insurance companies. At I’m In The Right, we help drivers understand their rights and ensure they receive the support and compensation they deserve.
How I’m In The Right Can Help
At I’m In The Right, we specialise in assisting drivers who are not-at-fault in accidents to ensure you don’t have to deal with the complexities of the claims process alone. This includes:
- Providing a like-for-like accident replacement vehicle so that you can drive in the same comfort and familiarity of your personal vehicle.
- Arranging car towing and overseeing the repairs of your vehicle.
- 24 hour, 7 days a week specialist accident management team who will arrange for the drop-off and collection of your replacement vehicle at a time and place most convenient for you.
- Access to legal advice if you need it.
Our team is here to help you avoid common mistakes, understand your rights, and ensure you receive the compensation and support you deserve. Get in touch with us today to see how we can help if you’re involved in a not-at-fault accident.
Conclusion
Avoiding these common mistakes after a not-at-fault accident can save you time, money, and stress. By staying informed, gathering the right evidence, and seeking professional support, you can navigate the aftermath of an accident more smoothly. Remember, you don’t have to handle everything on your own – reach out to I’m In The Right for expert guidance and assistance every step of the way.
