A car accident is a stressful and potentially life-altering event—especially when the at-fault driver refuses to accept responsibility. If you’re injured in an accident in Pennsylvania and find yourself in this frustrating situation, it’s essential to take the right steps to protect your health, financial wellbeing, and legal rights.
This guide provides a clear, step-by-step overview of what to do after a car accident when fault is disputed. By following these steps, you’ll be better equipped to build a strong case, access the compensation you need, and ensure that justice is served.
1. Prioritize Medical Attention
Seek Immediate Medical Care
Your top priority after any car accident should be your health and safety. Even if you feel your injuries are minor, it’s critical to seek medical attention promptly. Some injuries, such as whiplash, concussions, or internal injuries, may not manifest symptoms until hours or even days later. Having a documented medical evaluation is essential for both your recovery and your legal claim.
Follow Treatment Plans
After your initial medical visit, adhere to any treatment plan or follow-up appointments recommended by your healthcare provider. Not only does this safeguard your health, but it also establishes a record of your injuries that can be used as evidence.
2. Report the Accident to Authorities
Call the Police
Pennsylvania law requires you to report any car accident resulting in injury, death, or significant property damage. When the police arrive, provide a clear, factual account of what occurred. The officer’s report will be a valuable piece of evidence, particularly when fault is in dispute.
Obtain a Copy of the Report
After the accident, request an official police report. This document often contains critical details, such as witness statements and the responding officer’s assessment of the scene, which can be instrumental in establishing liability.
3. Document the Scene
Gather Evidence
If it’s safe to do so, document the accident scene thoroughly. Evidence is critical when fault is being contested, and your records can make a significant impact on your case. Be sure to:
- Take photographs of the vehicles, surrounding area, and any visible damage.
- Capture images of skid marks, debris, weather conditions, and traffic signals.
- Photograph your injuries as soon as possible for visual proof.
Collect Witness Information
If there are witnesses to the accident, ask for their contact details. Witness statements can be crucial in cases where the other driver denies responsibility. Ensure you collect their names, phone numbers, and email addresses so they can be contacted later if needed.
4. Exchange Information with the Other Driver
Even if the other driver refuses to accept fault, it’s important to exchange essential information, including:
- Name and contact details.
- Insurance company and policy number.
- Vehicle details (make, model, license plate number).
Keep Calm and Avoid Arguments
Disputes over fault can escalate emotions at the scene of the accident. Stay calm, avoid confrontations, and focus on collecting information. Do not apologize or make statements that could be misinterpreted as admitting liability.
5. Understand Pennsylvania’s Comparative Negligence Laws
What Is Comparative Negligence?
Pennsylvania follows a modified comparative negligence rule, which means your compensation may be reduced based on your level of fault in an accident. If you are found to be 50% or more at fault, you are barred from recovering damages.
For example, if you were 20% at fault for an accident and awarded $10,000 in damages, your compensation would be reduced by 20%, resulting in $8,000.
How This Impacts Fault Disputes
Understanding these laws is crucial, as the other driver’s refusal to accept fault could lead to disputes over the degree of liability. Working with an experienced attorney can help ensure that your percentage of fault, if any, is minimized and you receive a fair settlement.
6. Notify Your Insurance Company
Promptly inform your insurance provider about the accident, even if the other driver’s insurer will ultimately handle the claim. Pennsylvania drivers are required to carry Personal Injury Protection (PIP) insurance, which may cover some of your medical expenses regardless of who is at fault.
When speaking with your insurance company:
- Stick to the facts and avoid speculating about fault.
- Provide them with any documentation or evidence you’ve collected.
7. Consult an Experienced Attorney
Why You Need Legal Representation
When fault is disputed, navigating the claims process becomes more complex. Having an experienced personal injury attorney by your side provides significant advantages:
- Evidence Gathering and Analysis: Your attorney can obtain additional evidence, such as traffic camera footage, accident reconstruction reports, or expert testimony.
- Negotiations with Insurers: Insurance companies often try to minimize payouts or shift blame; an attorney will advocate for your rights and fight for the compensation you deserve.
- Legal Guidance: A skilled lawyer ensures you meet filing deadlines, comply with legal procedures, and avoid mistakes that could harm your case.
How an Attorney Helps Maximize Compensation
Your attorney will value your claim accurately, taking into account medical expenses, lost wages, pain and suffering, and future expenses related to your injuries. They’ll pursue the best resolution for your case, whether through negotiation or litigation.
8. Keep Detailed Records
Throughout the post-accident process, maintain detailed records of all relevant documents and communications, including:
- Medical bills and records.
- Repair estimates or invoices for vehicle damage.
- Correspondence with insurance companies.
- Notes from conversations with witnesses or the other driver.
Having a comprehensive file ensures that all aspects of your case are supported by evidence, strengthening your position during settlement discussions or trial.
9. Avoid Posting on Social Media
While it may be tempting to share updates about your accident on social media, it’s best to remain silent online. Insurance companies and opposing lawyers may scrutinize your posts for anything they can use to undermine your claim. Avoid commenting on fault, discussing injuries, or sharing photos that could be misinterpreted.
10. Focus on Recovery
While pursuing compensation is critical, your health and well-being should remain your primary focus. With an experienced legal team handling your case, you can devote your energy to healing and rebuilding your life after the accident.
Take Action to Protect Your Rights
If you’ve been injured in a car accident in Pennsylvania and the other driver refuses to accept fault, don’t face the challenge alone. The steps outlined above can help you protect your rights, gather necessary evidence, and position yourself for a fair resolution.
At Ciccarelli Law Offices, our experienced personal injury attorneys are committed to protecting the rights of accident victims across Pennsylvania. We specialize in handling complex cases where fault is disputed, and we’re here to fight for the compensation and justice you deserve.
Contact us today for a free consultation to discuss your case and explore your legal options. With Ciccarelli Law by your side, you can move forward confidently, knowing you have a trusted ally in your corner.