What Happens If Someone Hits Me and I Have Liability?

Being involved in a car accident can be disorienting, especially when another driver is at fault. Questions about vehicle damage, potential injuries, and how to navigate the aftermath often arise quickly. Understanding the necessary steps and your insurance policy can help alleviate some of the confusion during this challenging time.

Immediate Post-Accident Actions

Prioritizing safety is paramount immediately following a car accident. Move your vehicle to a safe location if drivable and safe to do so. Check yourself and any passengers for injuries, and if anyone is hurt, promptly call emergency services.

Contacting law enforcement is advisable, as an official police report can provide an objective account of the incident. When exchanging information with the other driver, gather their full name, contact details, insurance company name and policy number, and vehicle information, including the license plate number. Document the scene thoroughly; use your phone to photograph vehicle damage, road conditions, traffic signals, and surroundings. Avoid discussing fault or making any statements that could be interpreted as admitting responsibility for the accident at the scene.

Understanding Your Insurance Coverage

Navigating an accident scenario requires a clear understanding of your own insurance policy. Liability insurance, which you possess, primarily covers damages and injuries you might cause to others in an accident. It does not extend to covering your own vehicle damage or medical expenses if you are the victim in a collision.

Collision coverage pays for repairs or replacement of your vehicle from impacts with other vehicles or objects, regardless of fault. Uninsured/Underinsured Motorist (UM/UIM) coverage protects you if the at-fault driver has no or insufficient insurance to cover your damages and medical costs. This coverage can be split into bodily injury (medical bills) and property damage (vehicle repairs). Medical Payments (MedPay) or Personal Injury Protection (PIP) can cover medical expenses for you and your passengers, regardless of fault, and may also extend to lost wages or rehabilitation in some cases.

Making a Claim Against the At-Fault Driver

After ensuring immediate safety and gathering information, the next step typically involves initiating a claim against the at-fault driver’s insurance. While the other driver is responsible, it is often prudent to notify your own insurance company about the accident, even if you do not intend to file a claim with them. This notification keeps your insurer informed and can be helpful if complications arise later.

You will then contact the at-fault driver’s insurance company to begin their claims process. Provide them with the information collected at the scene, including the police report number if one was filed, and details about the accident. The at-fault insurer will assign an adjuster to assess vehicle damages, often requiring repair estimates or an inspector’s review.

If injured, provide medical documentation, including bills, reports, and lost wage records. The insurance company will evaluate these documents to determine a fair settlement for your medical expenses and other related losses. This phase may involve negotiation as you work with the adjuster to reach a mutually agreeable settlement for both property damage and personal injury claims. The timeline for this process can vary widely, from a few weeks for straightforward property damage claims to several months or longer for more complex injury cases.

When the Other Driver Lacks Sufficient Insurance

When the at-fault driver is uninsured or does not carry enough insurance to cover your damages, your own policy can become important. If you carry Uninsured/Underinsured Motorist (UM/UIM) coverage, this can provide a financial safety net. Your UM/UIM bodily injury coverage would typically pay for your medical expenses and lost wages, while UM/UIM property damage coverage would address repairs to your vehicle, often subject to a deductible.

If you have collision coverage, you can utilize it to repair your vehicle, even if the other driver is uninsured. You would pay your deductible, and your insurance company would then pay for the repairs. Your insurer might attempt to recover their costs, including your deductible, from the at-fault driver through a process called subrogation. Additionally, if you have Medical Payments (MedPay) or Personal Injury Protection (PIP), these coverages can help with your medical bills regardless of the at-fault driver’s insurance status. Pursuing the at-fault driver directly for damages is an option, but it can be a complex and lengthy process with no guarantee of recovery, especially if they have limited financial assets.