Do You Need A Lawyer When In A Rear End Collision And Not At Fault?

Do You Need a Lawyer When in a Rear End Collision and Not at Fault? 

If you are involved in a rear-end collision and you were not at fault, you may wonder if you need to contact a lawyer. In many cases, a rear-end collision attorney may be necessary even if the other driver was not at fault. The attorney will review the details of the case and determine if any traffic laws were violated. While the police officer will not necessarily ticket the rear-end driver, that doesn’t mean he isn’t at fault. An attorney will be able to analyze the facts and present evidence that proves the rear-end driver was at fault.

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Should you contact a lawyer after a rear-end collision? 

If you’ve been involved in a rear-end collision, the first thing you should do is contact the police. The police report will help establish who was at fault. If you’re not the one at fault, a traffic ticket will help. Depending on the severity of the damage, you may be able to file an insurance claim based on this ticket. 

If the driver at the front of the collision was drunk or reckless, this can be evidence that he was not at fault. Likewise, if the driver in the back performed a sudden, unexpected maneuver, the police may consider that as a contributing factor to the accident. An experienced lawyer can help you build a case. If you were not at fault, it’s crucial to contact a lawyer immediately after the accident. 

Does it matter if the other driver was at fault? 

To determine whether the other driver was at fault, you must first prove their negligence. Evidence may be found in the police report or through eyewitness testimony. If you can get pictures, these images may help establish liability. Also, you may be able to prove that the accident occurred because of their negligence by pointing out skid marks or debris on their vehicle. 

Rear-end accidents are often minor but often deadly. The driver in the rear vehicle is considered the approaching vehicle in most cases. In some states, however, presumptive law will apply and place blame on the rear driver if the other driver was driving distractedly or following too closely. Rear-end collisions often occur when distracted drivers fail to react in time. 

Does it matter if you live in a no-fault state? 

No matter which state you live in, you can still file a lawsuit if you’re involved in a rear-end collision with another driver. If the other driver was at fault for the crash, you can file a third-party claim or insurance claim. A third-party claim involves the at-fault driver’s insurance company. If you weren’t at fault, you’ll need to file a claim with your own insurance company. 

No-fault states have different laws regarding auto accidents and may have different laws. Some states are true no-fault, while others are tort-based. If you live in a no-fault state, you may need to look into personal injury protection insurance (PIP) to protect yourself from expensive out-of-pocket expenses. 

Does it matter if you have uninsured or underinsured motorist coverage? 

Underinsured or uninsured motorist coverage can help protect you in the event of a car accident, particularly if the at-fault driver does not have enough insurance to pay for the damage you and your family suffered. You can get uninsured motorist property damage insurance if you are the designated driver, but this coverage will not cover the damage to your car. It may also be limited in coverage in some states. 

It is important to note that in New York, it is a crime for drivers to leave an accident scene and attempt to leave. Even if the car is not yours, leaving the scene is still illegal. In addition, you’ll likely have to pay for the repairs yourself, so it is crucial to exchange information with the other driver and wait for the police to arrive. You should also remember to get the license plate of the other car. If you have UIM coverage, you can file a claim for compensation against the uninsured driver, which can help you protect your rights. 

Do You Need A Lawyer When In A Rear End Collision And Not At Fault? | Montag Law