What Do I Do If My Car Accident Was Not My Fault?

Any car crash is stressful, whether it involves just one car or many. No matter what the outcome is from your car accident, you need to take certain steps to protect yourself, even if the crash was not your fault.

We understand that you might be tempted to leave the scene of a crash if your car appears to have sustained minimal damage, and if you do not “feel” hurt. Not only is this illegal in Tennessee, but it also acts against your self-interest. Not all injuries immediately present with symptoms, and you may learn later that your car sustained more damage than you thought. You are going to need documentation to make a claim, so even if you did not cause your collision, there are a few things you should do.

1. Call 911
2. Exchange info with the at-fault driver
3. Talk to witnesses
4. Take a lot of pictures
5. What if I am the victim of a hit and run in Nashville?
6. How is fault determined in my Nashville car accident?

Call 911

Try to call 911 as soon as you can from a safe place. If you need to move your vehicle out of a travel lane, do this first and then dial 911. You want police, fire, and/or EMS to respond to your car accident scene. This will start the ball rolling for a police report, and you can be transported to the hospital if your injuries require attention.

Do I have to report a car crash to my insurance company?

Technically, no – not always. But you do have to call the police if there is more than $50 worth of damage, and insurance policies often include reporting requirements. Failing to notify them could impact coverage.

Exchange info with the at-fault driver

If the accident was not a hit and run, speak to the other driver(s). Exchange as much information as possible. Ask for their names, phone numbers, insurance policy numbers, license plate numbers, driver’s license numbers, addresses and email addresses. All of this information will be needed to file a claim against their insurance company, and your lawyer will want it too.

Talk to witnesses

Did concerned witnesses rush to your aid after the crash? Ask them to stay and talk with you. Ask them for their names and contact information. Also ask that they speak to the officer and provide a statement. Be sure to get the names of all the officers who respond to the scene, too.

Take a lot of pictures

Be sure to take a lot of pictures of the crash scene, your injuries and your vehicle. Document the road conditions, street signs, traffic lights, debris and anything else you think an attorney would want to see from the scene. Pictures may show the effects of the crash more effectively, and help keep the memories fresh.

What if I am the victim of a hit-and-run accident in Nashville?

Even if the driver who struck you fled the scene, you must remain in order to speak to law enforcement. As we said, it is illegal to flee – and it is also a bad idea to try and chase the driver who hit you and then fled. Taking matters into your own hands might be counterproductive and dangerous. You could wind up hurting yourself or someone else chasing the driver who hit you, or doing more damage to your car that insurance will not cover. Let the police handle tracking down the driver.

How is fault determined in my Nashville car accident?

In a car accident, fault is typically determined by looking at who was acting carelessly or negligently when the crash happened. Tennessee follows a modified comparative fault rule, which means that more than one person can share blame for the crash, but if you are found to be 50% or more at fault, you are barred from recovering damages. Here is how fault is generally figured out.

• After an accident, the police will usually investigate and write a report. This report may include details about traffic violations, witness statements, and the officer’s opinion on who was at fault.
• Pictures from the scene or footage from traffic or dash cams can help show how the accident happened, like who ran a red light or failed to stop.
• People who saw the crash can give important information about what they witnessed. Their stories can help confirm what really happened.
• Lawyers and insurance companies will look at whether any drivers broke the rules of the road, like speeding, texting while driving, or failing to yield.
• In more serious crashes, accident reconstruction experts may be called in to recreate the accident and determine how it likely occurred, based on skid marks, vehicle damage, and other physical evidence.

The amount of compensation you receive depends on your percentage of fault. For example:

• If you are found 20% at fault, your compensation is reduced by 20%.
• If you are 50% or more at fault, you cannot get any money at all under Tennessee law.

This is why it is so important to have a Nashville car accident lawyer on your side. We can help gather evidence, challenge unfair claims, and fight to make sure you are not blamed for something that was not your fault.

What if I do not agree with the determination of fault?

You may not agree with the determination of fault after your Nashville car accident. In that case, you have the right to challenge it, and you absolutely should if you believe the decision is wrong. Here is what you can do.

Start by getting a copy of the police report and any documents from the insurance company. Look for any mistakes or missing details, like incorrect witness statements or crash diagrams.

If you have your own photos, dash cam footage, or witness information that supports your side of the story, gather it. This can help you build a case to demonstrate that you were not at fault, or at least not as much fault as claimed.

You can send a letter to the insurance adjuster explaining why you disagree with their decision. Include any evidence you have that supports your position. Keep it polite, clear, and stick to the facts.

If the insurance company will not budge, you can ask for a supervisor’s review or file an appeal within the company. This gives a different adjuster a chance to look over your case with fresh eyes.

Insurance companies often try to put more blame on the injured person in order to pay out less. Our skilled Nashville car accident lawyers can step in, review your case, and negotiate on your behalf. If needed, we can even file a lawsuit and take your case to court.

Remember, because of Tennessee’s modified comparative fault rule, if you are found 50% or more at fault, you get nothing. Even a small shift in how fault is divided could make a big difference in how much compensation you receive.

If you believe the fault decision is unfair, do not let it slide. Speak up, gather your evidence, and get legal help if you need it.

Hurt in a wreck in Nashville that was not your fault? Get a Gladiator on your side! Call Rocky McElhaney Law Firm or complete our contact form to schedule a free consultation today. With offices in Nashville, Hendersonville, Clarksville, and Murfreesboro you will not have to go far to protect your rights.