What to Do When Your Car Accident Was Not Your Fault

What to Do When Your Car Accident Was Not Your Fault

If you were in an accident that’s not your fault, consider hiring an attorney to pursue a fair settlement or judgment for you. When someone else injures you, they or their insurance company should pay for your damages. Those damages may include medical costs, lost income, pain and suffering, and other harm.

At-fault parties may claim that you are the one who caused the accident. Your car accident attorney will present all relevant evidence to prove who is at fault for your accident and resulting damages.

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Steps to Take After an Accident That Is Not Your Fault

What to Do When Your Car Accident Was Not Your Fault

Whether or not an accident is your fault, you should:

See a Doctor

Whether or not you are experiencing injury symptoms, seek medical treatment after an accident because:

  • If you suffered an injury, a doctor will provide a diagnosis of each injury you have suffered
  • A doctor will provide a treatment plan that promotes recovery
  • If you don’t seek treatment, you can face ailments that threaten your health and wellbeing
  • A doctor will document your accident-related injuries, which may be key to a successful claim or lawsuit

Accident victims do not always suffer immediate injury symptoms. In the case of some injuries, like whiplash, symptoms can take time to emerge. Your doctor may conduct medical imaging (like MRIs or X-rays) that reveals your injuries even if you don’t suffer noticeable symptoms.

Hire a Lawyer

You should always hire a personal injury lawyer to seek fair compensation for your accident-related damages.

As soon as you hire a lawyer, they will:

  • Instruct you on what to do and what not to do to place your case in a position for success
  • Take over communications with insurance companies, protecting you in the process
  • Secure evidence from your accident as soon as possible
  • Create a personalized case strategy 

Your lawyer’s service will allow you to focus on your physical and mental health. If your attorney needs anything from you, they will contact you immediately. Otherwise, let your legal team worry about your claim or lawsuit.

The Importance of Hiring a Personal Injury Lawyer

The Importance of Hiring a Personal Injury Lawyer

Countless accident victims hire personal injury lawyers.

Each client may have their own reasons for entrusting their case to an experienced attorney, and common reasons include:

  • The value of a lawyer’s experience: When someone does a job for many years, they gain insight and experience that can’t be faked or learned overnight. You can leverage a lawyer’s experience by allowing them to represent you after an accident.
  • The protection a lawyer provides: Nobody will violate your rights while a lawyer is representing you. The attorney will deal with insurance companies; in doing so, providing a barrier of protection. Otherwise, insurers might pressure you to accept a lowball settlement offer or engage in other bad-faith tactics.
  • The financial backing a lawyer provides: Your law firm will pay experts, cover filing costs, and fund all other case-related expenses. Having this financial support during a stressful time in your life may be priceless.
  • The client’s physical, psychological, and emotional trauma: The effects of an accident can include significant psychological and emotional trauma. Pain and other effects of your physical injuries may also be debilitating. These challenges may prevent you from handling your case and may lead you to hire an attorney. 
  • The client’s lack of experience with claims and lawsuits: Non-lawyers typically have little experience with insurance claims and lawsuits. Your inexperience can be a detriment if you handle your own case. Instead, allow an experienced attorney to represent you in all case-related matters.

A lawyer can be your greatest asset after an accident. Your attorney’s help may benefit you financially, as they will strive to secure all of the compensation you deserve. You may also benefit physically and psychologically by focusing on your health as your lawyer leads every step in your case.

Your Lawyer Will Combat Baseless Accusations of Fault

You may know your accident was not your fault. Still, the at-fault party (or their insurer) may claim that you caused the accident.

You lawyer will prove who caused your accident and damages by:

  • Obtaining any video footage depicting the accident
  • Obtaining eyewitness testimony that helps establish someone else caused your accident
  • Working with experts whose testimony helps prove fault for your accident
  • Obtaining any other evidence that supports your account of events

In a handful of no-fault insurance states, your insurance provider may owe you compensation for your accident regardless of fault. However, your lawyer must prove fault to secure compensation from a third party’s insurer.

How Your Lawyer Will Pursue Your Financial Recovery

Lawyers are responsible for every detail of their clients’ cases. Your attorney will develop a case strategy and execute that strategy without delay. Some of the most important responsibilities your lawyer will handle are:

Personalizing Your Case Strategy

Your attorney and team will brainstorm a case approach suited specifically to you. The insurance status of at-fault parties, the cost of your damages, and several other factors will determine your case strategy.

Two primary options your lawyer will consider are:

  1. Filing one or more insurance claims
  2. Filing a lawsuit

You may first file an insurance claim and decide later if a lawsuit is necessary. Your lawyer will guide you through this strategic process.

Building a Cache of Compelling Evidence

Your insurance claim or lawsuit may be significantly strengthened by compelling evidence, which may include:

  • Eyewitness accounts of your accident 
  • Eyewitness accounts of any circumstances that led to your accident 
  • The police report documenting your accident
  • Photographs of property damage (which can tell a story in itself)
  • Expert testimony about your accident (potentially including who is at fault for the accident)

Your legal team won’t waste a second before gathering evidence. Liable parties may have evidence that your lawyer needs, and your attorney will take legal measures to obtain that evidence (if necessary).

Documenting All of Your Recoverable Damages

Important proof of your damages may include:

  • X-rays, CT scans, MRIs, and other medical images of your injuries
  • Your doctors’ diagnoses of your injuries
  • All accident-related medical bills
  • A mental health professional’s diagnosis and documentation of your pain and suffering
  • Invoices for mental health services
  • Proof of past income

Any documentation that directly or indirectly proves your damages will help your case. Your attorney will reach out to any doctors, employers, mental health professionals, or others who can provide useful documentation.

Determining Your Case Value

Lawyers calculate their clients’ case values. They may begin by totaling economic damages, which includes those with an objective financial cost—medical bills, property costs, and lost income, for example.

Importantly, your lawyer will also calculate the value of your non-economic damages. These damages, which typically include pain and suffering, do not have as clear a financial value. Your lawyer will use a legally accepted method to calculate such damages accurately.

Negotiating a Settlement

Insurance companies may be responsible for covering your accident-related losses. Your lawyer will arrange settlement discussions with liable insurers. Expect your attorney to demand all of the compensation you deserve.

Filing a Lawsuit

While lawsuits are not always necessary (as most cases settle), your case may require your attorney to sue liable parties. If responsible parties don’t offer a fair settlement or an at-fault individual lacks insurance, suing may be your best course of action.

Your attorney will ensure that:

  • They are suing the appropriate parties
  • They draft your case accurately and completely
  • They file your case with the proper court
  • The legal process moves forward as promptly as possible

Your legal team may continue to negotiate a settlement with insurers once they file a lawsuit. However, filing a lawsuit signals that a trial is possible.

Completing a Trial

If your lawyer determines that insurance companies or other liable parties are unwilling to offer fair compensation, they will be ready for trial. Before going to court, your lawyer will discuss the implications of a trial with you. As the client, you will have the final say over whether to accept a settlement or let your lawyer fight at trial.

Accident-Related Damages Your Lawyer Will Include in Your Case

Accident-Related Damages Your Lawyer Will Include in Your Case

Accident victims in a variety of circumstances suffer many of the same damages, which can include:

Medical Costs

Healthcare is never cheap, and accident victims often require extensive healthcare. Whatever your medical needs are, your lawyer will work to ensure you face no out-of-pocket costs for medical services someone else’s negligence has caused.

Professional Losses

Common professional losses among accident victims include:

  • Lost earning power
  • Lost income
  • Loss of the psychological benefits of working (and earning a reliable income)
  • Lost chances for performance bonuses
  • Lost progress toward promotions
  • Lost access to benefits

The more serious one’s injuries are, the more likely they may experience significant professional harm.

Pain and Suffering

Your lawyer will evaluate damages that qualify as pain and suffering, which can include:

Mental health professionals may play a key role in evaluating and documenting such damages, which are often a significant part of personal injury cases.

Property-Related Costs

If your case involves property damage, your lawyer will include property costs in your settlement demands. Auto accident cases often involve significant property-related expenses, as do certain other case types.

The Cost of Disabling Injuries

When injuries rise to the level of a disability, one’s damages can become substantially more serious.

Those with disabling injuries may:

  • Be unable to earn a sufficient income for the remainder of their life
  • Experience chronic pain
  • Face significant psychological and emotional suffering
  • Need a new vehicle that accommodates their disability
  • Need to make disability-related changes to their home
  • Face other economic and non-economic harm because of their disabling injuries

Attorneys are familiar with disabling injuries, as they often serve clients with such ailments. Your attorney will consult any doctors and other experts who can determine the cost of your disability.

Which Law Firm Should I Choose to Handle My Case?

Many law firms may serve your geographic area and handle your case time. You must sift through prospective lawyers to find the best firm to handle your unique case.

You may evaluate law firms based on:

  • Their record: Law firms have performance records known as case results. Many firms publish such results on their websites, and you should evaluate them. Your law firm should have a lengthy history of securing large settlements and verdicts. This will show the firm’s capability in a range of case types.
  • Their reviews: Former clients’ reviews can provide the truth about a law firm. If you see common positive or negative reviews among former clients, you should give appropriate weight to such reviews.
  • Their location: You may seek a law firm that is close to where your accident happened. This will ensure the law firm can handle all case-related responsibilities without delay. A nearby law firm may also be familiar with the city and court where your case will take place.
  • Their fee structure: While most personal injury lawyers use a no-risk fee structure, you should ask a firm how it will charge you for its services. Ask specifically about contingency fees, which require you to pay no upfront or out-of-pocket costs to your law firm.

Complete a free consultation with any law firm you are considering hiring. You can use this consultation to ask questions about the firm, evaluate its client service, and decide if that firm is the right fit for your case.

The Time-Sensitive Reasons to Hire Your Lawyer Today

Ivan M. Diamond
Bronx Car Accident Attorney, Ivan M. Diamond

Your lawyer may have a limited time to file your claim or lawsuit. They also need to collect evidence that may not be available much longer. Find a suitable Bronx personal injury lawyer and hire them today to lead your case. You have nothing to lose by seeking a free case evaluation now.

Why Hire an Experienced
Attorney Like Ivan Diamond

If you want to recover the maximum compensation that you deserve, you need an experienced personal injury attorney like Ivan Diamond on your side.

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If you want to recover the maximum compensation that you deserve, you need an experienced personal injury attorney like Ivan Diamond on your side.

Someone who understands the tactics insurance companies and opposing lawyers sometimes use to avoid liability and paying settlements.

Insurance adjusters, in particular, know that you’re going through a difficult time. They may try to take advantage by offering you a lowball settlement, hoping you’ll jump at quick money before you talk to a lawyer. Don’t help them out. Instead, let an experienced attorney handle the negotiations.

The same goes for preparing your claim. A skilled, knowledgeable litigator like me understands what facts and arguments are most important to prove your claim to a judge and jury, if it comes to taking a case to trial. I know how to guide my clients through depositions, discovery, and efforts by opposing lawyers to trap them into saying things that might undermine their case.

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Ortiz Family’s review &

Case Study


When our family received a call from the nursing home my brother was staying, we had no idea what lay ahead. My brother was burned over 60% of his body from smoking a cigarette without supervision.


We were so lucky to find an attorney like Mr. Diamond. We found Mr.Diamond to be sensitive to our sense of urgency to resolve this situation. He was 100% reliable and truly cared about our case which was very important to us.


As it turned out we received a large settlement and can now put it behind us. We’re very grateful to Mr.Diamond for his support and understanding and we would highly recommend him. Not to mention, he was a hell of a nice guy.