Personal Injury | June 12, 2025 by JOSHUA D. ANDERSON

What to Do After a Car Accident That’s Not Your Fault

Car accidents are stressful, but even more so when the accident isn’t your fault. Your car is damaged, you may be injured, and you possibly lost wages because you missed work and all you were doing was driving your car.

But what steps should you take to protect your rights after a car accident that isn’t your fault? And what happens if the other driver doesn’t have enough insurance to fairly compensate you for your car accident injuries or damages? Or they don’t have any insurance?

What to Do Right After the Car Accident

There are a few important steps you should take immediately after your car accident to protect yourself and your rights. But only take these actions if you and the other driver don’t have serious injuries and your vehicles are in a safe location.

Get the Other Driver’s Info

Start by getting the other driver’s information, specifically their name, contact information, and insurance details. If the at-fault driver refuses to give you that information, don’t force the issue. Instead, get their license plate information either by taking a picture or writing it down.

Seek Medical Attention

No matter how minor the car accident seems, consider being checked out by a physician. The adrenaline rush you likely experienced during the car accident can mask the pain and symptoms from injuries you didn’t realize you had until days later. 

Going to the doctor also provides you with greater assurance and clarity regarding your injuries and treatment that may improve your condition.  As an ancillary benefit, the doctor will document what they believe your injuries are and these will be used in the presentation of your injury claim.

File a Police Report

If a police officer comes to the accident scene, they’ll create a police report and, in most cases, file it for you. However, if a police officer didn’t come to the accident scene or doesn’t file the police report for you, you’ll need to report the accident and file the police report yourself.

Washington State law requires drivers to report their car accident to the Department of Licensing (DOL) within four days if:

• The accident caused more than $500 worth of property damage
• Someone was injured in the car accident

To be clear, the law states that the reporting requirement is triggered no matter how serious the injury is, so even something minor, like a strained wrist muscle, will require you to report the accident. Failure to do so within four days could result in the DOL suspending your license. 

Gather Evidence

Even when you’re not at fault for the car crash, it’s important to gather evidence that supports your accident claim. That can include:

• Witness statements and their contact information
• Pictures of the accident scene and vehicle damage
• Documenting the location of cameras that could provide supporting video evidence

Common Mistakes to Avoid After a Car Accident That Wasn’t Your Fault

When a car accident isn’t your fault, you may think that recovering compensation for your medical bills, vehicle repairs, and other expenses from your own insurance company is pretty cut and dry. You didn’t cause the accident, so the other driver’s insurance company should provide fair compensation for your car accident claim.

However, that may not be the way things work out. Make sure to avoid common mistakes that could result in you not getting the compensation you’re entitled to. 

Speak Carefully

Whenever you’re talking to anyone from the car insurance company — yours or the at-fault driver’s insurer — choose your words carefully.

Even though your insurance company “works” for you, they may not be on your side. Make sure you don’t say anything that could be taken out of context and used against you to reduce your compensation.

Don’t Talk to the Other Insurance Company

Although we take over the handling of the claim when we are retained and will speak with the insurance companies on your behalf, if you choose to speak with the insurance company, particularly the at-fault driver’s insurance company, be very careful with what you say. It is unlikely they have your best interests at heart. Instead, insurance companies may try to settle your case quickly and without regard to the full extent of your injuries. 

Understanding that you may only settle your claim one time, how could you possibly speak to all the medical care you will need or how long your injuries will persist? Of course, if you don’t retain counsel, you will have to interact with the insurance at some point to attempt fair resolution, but be careful if you do.

Don’t Discuss the Accident

In addition to not speaking to the at-fault driver’s insurance, you may not want to talk about your car accident with anyone other than your car accident attorney. This includes friends, coworkers, and posting it on social media.

Again, your words could be taken out of context and used to partially or even fully blame you for a car accident that wasn’t your fault.

How Will My Car Insurance Claim Work?

When we are retained as counsel, we will reach out to the appropriate insurance companies, notify them that you are represented, and request that all communication and correspondence is directed to our law office. This ensures that claims are set up accurately and appropriately and that clients don’t misstep as the insurance company attempts to collect information about their claim, which they may try to use against you. This typically takes place early on with the at-fault insurance company’s request for a recorded statement and requesting an injured party’s permission to obtain medical records and bills.

Unless you read the fine print, you risk the insurance company requesting more than just your collision-related treatment, such as your prior health history. 

When we are involved, we don’t allow statements to at-fault insurance companies and we don’t allow insurance companies to obtain our client’s permission to request our client’s health history, carte blanche. Not only does our involvement help shield and protect the client from unanticipated harm, which relieves them of this burden and stress, it also allows our clients to focus on the most important thing following a collision, seeking the treatment they need to recover their health.

What If the Other Driver Doesn’t Have Car Insurance?

Drivers in Washington state are required to have car insurance. At a minimum, they must have liability insurance coverage of:

• $25,000 for bodily injury or death per person
• $50,000 for bodily injury or death per accident
• $10,000 in property damage per accident

Sometimes, the at-fault driver doesn’t have car insurance, or their insurance coverage isn’t enough to reimburse you for your expenses and losses. This is where underinsured/uninsured motorist coverage could come into play. It’s an optional add-on to your car insurance that you can use if you’re in an accident with an uninsured or underinsured motorist to help make up the difference between what their insurance will cover and your expenses.

Personal Injury Protection

Personal injury protection (PIP) is another optional add-on for your car insurance that helps cover expenses from a car accident, such as:

• Medical bills
• Hospital expenses
• Lost wages
• Funeral expenses

You can use your PIP insurance no matter who is at fault for the accident, and taking advantage of your PIP insurance does not impact your ability to file an insurance claim for money over and above what your PIP covers.

Should I Hire a Car Accident Attorney?

You may not want or need to hire a car accident attorney after a minor fender bender. However, more serious car accidents may require the help of an experienced professional. Consider hiring a car accident attorney when:

• The at-fault driver didn’t have insurance
• The at-fault driver was unlicensed
• The accident caused serious injuries or death
• The car was significantly damaged or a total loss
• The car accident involved multiple parties

Any and all of these circumstances can make navigating the car insurance claim process complex, and hiring an attorney can ensure you have someone knowledgeable on your side, protecting your rights and fighting on your behalf.

Anderson Law | Injury Attorneys Are on Your Side

Being in a car accident that wasn’t your fault is often far more complicated than it seems. Determining fault can be difficult when there are multiple drivers and vehicles involved or the other driver doesn’t have insurance. Hiring a car accident lawyer who understands these complexities can protect your interests and ensure you receive the compensation you need to cover medical treatment and expenses, property damage, and any other damages you’ve suffered due to the car accident.

Anderson Law Injury Attorneys are on your side. With over 50 years of combined experience in car accident cases, personal injury claims, and more, our skilled team of attorneys can help you recover the compensation you’re entitled to. Contact us today for a free, no-obligation consultation to discuss your case and learn how we can help. There’s no fee unless you win.

The information contained on this website is intended for informational purposes only, and is not legal advice. Nothing in this website establishes an attorney-client relationship between us. Different facts can dramatically affect a legal opinion. You should consult an attorney for legal advice that pertains to your personal situation.