Rear-Ended: What To Tell Your Auto Insurer

Being rear-ended can be disorienting, and it's important to know what to do after such an accident to protect yourself legally and financially. The first step is to check if anyone is injured and seek medical attention if needed. Next, determine if law enforcement needs to be notified, depending on the severity of the accident and the local laws. It's crucial to exchange information with the other driver, including their full name, contact details, insurance details, and vehicle information. Remember not to admit fault, as there may be factors you are unaware of that contributed to the accident. Contact your insurance company promptly, as they will need to be on notice of the accident in case of a lawsuit. You should also document the accident by taking pictures and videos, gathering eyewitness statements, and obtaining a complete police report. It's important to understand your rights and responsibilities when dealing with insurance companies, as they may try to minimize their financial liability.

Call your insurance company, not the other driver's

After being rear-ended, you should call your insurance company as soon as possible. This is important, even if you are not at fault for the accident. There are several reasons for this. Firstly, your insurance company needs to be notified so that they can process your repair claim. Secondly, notifying your insurance company is crucial in case the other driver decides to sue you. By informing your insurance company, you are putting them "on notice" of the accident, and they will be obliged to provide you with an attorney to defend you and cover any liabilities that may arise from the accident, up to the limits of your insurance policy.

It is important to act quickly, as failing to report an accident to your insurance company in a timely manner could constitute non-compliance with the terms of your policy. This may give your insurance company grounds to drop your coverage or refuse to renew it in the future. Additionally, by informing your insurance company promptly, you can take advantage of the benefits that your policy may offer, such as reimbursement for medical payments or non-liability coverage.

While it may seem reasonable to call the other driver's insurance company, it is generally not advisable to do so. The other driver's insurance company may try to minimise their financial liability by downplaying the seriousness of the accident or even denying the validity of your injury. They may try to fish for information that can be used against you to reduce or deny your claim. Therefore, it is best to let your insurance company handle all communication with the other driver's insurance company on your behalf.

In summary, after being rear-ended, it is crucial to contact your insurance company as soon as possible. They will guide you through the claims process and protect your interests in case of any legal action. Do not speak to the other driver's insurance company, as this could compromise your position. Remember that your insurance company has a duty to cover any liabilities arising from the accident, so put your trust in them to handle the situation appropriately.

Don't admit fault

It is important to never admit fault after a car accident, even if it seems like it was your fault. Admitting fault can have lasting effects and disrupt your insurance in the long run. Firstly, admitting fault puts you at risk of not receiving any compensation that you may have been entitled to. Secondly, your insurance company will then be responsible for covering the damages to your car and the other party's property. Remember that the other party's insurance company will want you to admit fault so that the responsibility falls on you.

It is human nature to want to apologise when something bad happens, especially if someone is hurt or upset. However, who is at "fault" for an accident is a legal conclusion which you are most likely not qualified to make. You may not be aware of all the facts at that point in time. For example, perhaps the other driver stopped abruptly in front of you without any warning, or maybe they were under the influence of drugs or alcohol. There could be any number of facts that you are unaware of in the heat of the moment, which is why you should not admit fault when speaking with the other driver. If you do, and if the other driver ever files a lawsuit, your admission will be used against you in court.

The same goes for speaking with any police officers—do not admit fault for the accident. Don't lie to the police, but don't admit fault either. A simple "I don't know if I'm qualified to say who was at fault" should suffice. Be truthful by giving the police only objective details of what happened. Tell the story of the accident from your perspective using as few words as possible.

Do not talk to insurance adjustors without a lawyer present. If you admit fault, insurance companies have legal responsibilities to cover damages. Your insurance company will have to pay for the damages to your car and the other party's property. Keep in mind that the other party's insurance company will want you to admit fault so that they can avoid paying out. If you are unsure of what to do, consult an attorney.

Document the incident with photos and videos

After being rear-ended, it is important to document the incident with photos and videos. Take out your phone and start recording as soon as it is safe to do so. Capture images and footage of the accident scene, including any visible damage to the vehicles involved, skid marks on the road, and any other relevant details. It is also a good idea to photograph the other driver's license plate, driver's license, and insurance information. If there are any witnesses, you can use your phone to record their statements as well. This visual evidence will be invaluable when filing an insurance claim or seeking legal recourse.

Taking photos and videos of the accident scene helps to establish the facts of the incident. It can show the position of the vehicles, the extent of the damage, and any other relevant details that may be important for determining liability. For example, if the other driver was following too closely or failed to stop in time, your photos and videos could help demonstrate this. Additionally, visual evidence can be used to support your insurance claim by showing the extent of the damage to your vehicle and any necessary repairs.

In addition to capturing the overall scene, pay attention to the small details. Close-up photos of vehicle damage, such as dents, scratches, or broken lights, can provide clear evidence of the impact. If there are any skid marks on the road, try to get a sense of their length and direction, as this can indicate how hard the other driver was braking and whether they tried to stop in time. If there are any traffic signs or signals nearby that may have been ignored, make sure to include those in your photos as well.

If you have sustained any injuries in the accident, it is important to seek medical attention immediately. However, if your injuries are not severe and you are able to remain at the scene, you can use your phone to document your injuries as well. Take photos of any visible wounds, bruises, or scratches, and seek medical attention as soon as possible. Even if you don't feel any immediate pain or discomfort, it's important to get checked out by a medical professional, as some injuries may not be apparent right away.

When taking photos and videos, try to ensure that the time and date are recorded, as this can help establish the timeline of events. Additionally, try to get multiple angles and perspectives to capture as much information as possible. If possible, take photos and videos from different heights and distances to provide a comprehensive view of the scene.

Remember, your safety is the top priority. Only document the incident if it is safe to do so, and never put yourself or others at risk to capture photos or videos. If you are injured or need immediate assistance, focus on getting the help you need, and the authorities can assist with documenting the scene.

Exchange information with the other driver

Exchanging information with the other driver is an important step after being rear-ended. Here's a detailed guide on what to do:

First and foremost, ensure you get the other driver's full name and contact information, including their phone number and address. Additionally, ask for their insurance details, such as the name of their insurance carrier and their policy number. It is crucial to obtain this information, as it will be needed when filing a claim or seeking compensation.

The make and model of the other driver's car, as well as the state and registration number for their license plate, are also important details to jot down. Taking photos of their driver's license, proof of insurance, and license plate can be extremely helpful and provide valuable evidence if needed.

If possible, try to get a sense of their driving history. Have they had similar incidents in the past? Are they known for aggressive or reckless driving? This information can be useful when determining fault and liability.

It is also important to remain calm and refrain from admitting fault or apologizing, even if you feel it was your mistake. There may be underlying factors that contributed to the accident, and it is not your place to determine fault. Instead, focus on gathering the necessary information and leave the assessment to the insurance companies and legal professionals.

Remember, exchanging information with the other driver is a crucial step in protecting yourself and ensuring a smooth insurance claim process. Be thorough and try to obtain as much relevant information as possible.

Seek medical attention

If you have been rear-ended, seeking medical attention should be your first priority, especially if you are injured. Even if you feel fine, it is important to get checked out by a medical professional as some injuries may not be immediately apparent.

After a car accident, your body may be flooded with adrenaline, which can mask the pain of any injuries you may have sustained. A medical professional will be able to assess your condition and provide any necessary treatment. They will also be able to identify any potential complications or long-term issues that may arise as a result of the accident.

In addition to ensuring your well-being, seeking prompt medical attention can also strengthen any insurance claims or legal cases that may arise from the accident. Insurance companies often try to downplay the seriousness of rear-end collisions and may dispute the extent of your injuries. By seeking medical attention, you create a record of your condition and the treatment you required, which can be used to support your claim.

When it comes to dealing with insurance companies, it is important to remember that you are under no obligation to speak to the other driver's insurance company. In fact, it is often recommended that you refrain from doing so, as they may try to use your statements against you to reduce or deny your claim. Instead, let your lawyer handle all communication with the other driver's insurance company.

Your health and well-being are the top priorities after a rear-end collision. By seeking prompt medical attention, you can ensure that any injuries are treated and create a record to support any insurance claims or legal cases that may arise. Remember, if you are ever in doubt, consult with an experienced attorney who can guide you through the process and protect your rights.

Frequently asked questions