A car accident will put you through the entire emotional spectrum in a matter of seconds. There’s the fear you experience when you realize a crash is imminent, the shock of the impact itself, and the realization that you’re still alive. But for some, that’s followed by one more realization: you caused the crash. Maybe you realized that you turned in front of someone when you should have waited, or perhaps you saw a second too late that the light was red and not green.

Regardless of how you caused a car accident, it’s crucial to protect yourself legally and know your rights. If you’ve been in a crash and you believe you have a claim against the other party, the team at Delius & McKenzie, PLLC can help. Call us to set up a consultation now.

You caused an accident—now what?

Being involved in an accident is stressful enough on its own, but when you know that your mistake led to the crash, it’s an entirely new level of anxiety. The good news is that you aren’t alone—millions of people cause collisions every year. While it may cost you some money, time, and uncomfortable phone calls with insurance companies, you will get through it.

First, know that you should report the accident to your insurance company immediately. They will begin their own investigation. At the same time, the other party will report the collision to their insurance. Both insurance adjusters will do what they can to prove that the other party was liable.

Even if you caused the accident, you must take care of your health by seeing a doctor right away. People often hesitate to see a doctor after a crash they caused, assuming that they’ll need to pay out of pocket. First, you don’t yet know that you caused the crash. Second, your health should be your top priority after something as traumatizing as a crash. Prompt medical care could save your life.

Once you’ve notified your insurance and started receiving medical treatment, you can start preparing for the legal concerns.

Facing charges

In some cases, being at fault in a car accident might involve criminal charges. The situation is particularly serious if it involves allegations of driving under the influence. In such cases, you need to speak to an attorney right away. In addition to financial penalties, you might be facing a criminal record, or even jail time in some sitatuations. Even other lesser traffic violations could result in criminal charges, such as reckless driving. If you’re concerned that your car accident could leave you facing charges, you need to contact a DUI attorney right away.

Paying for damages

When people realize they’ve caused a crash, they often have horrible mental visions of having to pay hundreds of thousands of dollars in damages. What you have to realize, though, is that it is actually very rare for at-fault drivers to pay damages out of pocket. That’s what insurance is for. Tennessee has set insurance coverage requirements for all passenger and motorcycle vehicles, including $25,000 for each injury or death per accident, $50,000 total for injuries and deaths per accident, and $25,000 for property damage per accident.

When the insurance company determines that you are at fault for a collision, they can then work on settling with the other party’s insurance company or attorney. At this point, you may receive official notification that you’re being sued. Don’t panic; this is common. It’s incredibly rare for a case to go to court. The other party will request a sum far larger than what they’re willing to accept, and your insurance company will offer a number that is likely less than what their injuries are actually worth. Ultimately, your insurance company will likely agree to offer a settlement that is below or at your policy limits.

What if total damages exceed your insurance policy limits? At that point, the other party may choose to sue you personally for the remaining damages. If you have minimal assets, they have little chance of being able to get what they’re suing for, even if their lawsuit is successful. Although, there are steps a court may take, like wage garnishment. Still, lawyers generally only take on cases they think they have a fair shot at winning, and suing a party without assets or the ability to pay is not a winning strategy.

What happens if you are partially at fault?

It’s fairly common for multiple parties to be at fault for an accident. Maybe Driver A runs a red light, but Driver B was speeding egregiously. Perhaps Driver A rear-ended Driver B, but Driver B’s brake lights were out, so Driver A didn’t realize right away that they had stopped. Tennessee is a modified comparative negligence state, which means that if a party is 50% or more to blame for an accident, they cannot recover compensation in court. But if they are less than 50% at fault, they may still receive compensation. However, their compensation is reduced proportionately to their share of fault.

This means that even if you are partially at fault, you may still be able to pursue compensation. How fault is broken down depends largely on the details of your collision, which is why we recommend talking to a motorcycle accident lawyer to get a better picture of your options.

What to expect after a settlement is reached

Once your insurance adjuster and the other party’s insurance adjuster come to an agreement on a settlement, your insurance company will cut them a check. You’ll also want to check your insurance coverage to see if you have collision coverage. Collision coverage pays for damage to your vehicle, even if you are at fault for a crash. If you have collision coverage (which is typically required for leased or financed vehicles), the insurance company will pay for repairs after you pay a deductible.

When your next insurance renewal period comes around, you should expect to see your rates increase. How much? It depends on your driving history, if you’ve caused accidents before, and how much damage you caused. You can consult your insurance agent if you’re concerned.

Contact Delius & McKenzie, PLLC now

If you’ve been involved in a car accident and you’re wondering if you may be entitled to compensation, let’s talk about what happened and your next steps. Set up a consultation now by calling us or reaching out online.