The legal definition of a car accident is when an automobile is involved in an occurrence that causes harm, whether it be harm to property, to person, or both. Usually it involves a collision with another motor vehicle. Here’s how to get compensation after an accident that wasn’t your fault.

Determine if the accident is legally “trivial.” An accident where there is absolutely no physical injury or any damage whatsoever besides that to the car, will usually be considered a “trivial” accident. Every state has their own definition, called a “no-fault law.” If you live in a state with no-fault laws, you can’t sue over trivial accidents. Even if you live in a state without this law, your case might still be thrown out due to triviality. In this situation, just exchange insurance information, get a medical examination, and go on with your life.

Check all cars involved for mechanical problems. An accident involving mechanical issues is litigated differently than one where the other driver was responsible. Review your vehicle. Are any of your tires popped or low? Did you hit a pothole during the accident? Do the same with the other party’s vehicle. Ask them if they have had any auto maintenance or repair lately. If so, get the name and phone number of their mechanic and copy down the information on their receipt. You might need it to get your compensation.

Assess the other party’s condition and culpability. How do they look to you? Is there a possibility they are intoxicated? If you notice irregularities in their speech, gait, or gaze, they might be. In this case, you stand to gain a large compensatory settlement due to punitive laws. Do you have any cause for believing the other party was distracted? Look inside their car, are their clues to indicate distraction? A coffee cup with the lid off, a loose CD that was being changed, or the on-board navigation system in the middle of search could all be evidence of visual and/or cognitive distraction.

Assess your need for an attorney. Attorneys don’t always have to be involved and if your case seems clear-cut, with no possibility of physical injury, just work through the insurance company. But if there is any chance of bodily harm, go to a doctor. It will be their responsibility to pay. Whatever your medical bills following the incident, they should be added to the claim. If you have any medical expenses beyond the copay, you should hire an attorney. Often one medical expense can correlate to future expenses. Take the case of victim x. Victim x was in a relatively minor car accident but suffered some whiplash. Thinking it was a great deal, she chose to take the other party’s insurance settlement without a lawyer (a total of 5K.) With time, her whiplash injury led to some neck issues at work. And over the span of 10 years, she suffered losses in sleep deprivation, discomfort at work, and massage and chiropractor bills. Though nobody can foresee these kinds of circumstances, a lawyer will at least know what contingencies the law provides for. Since you are only entitled a single settlement, you should always seek the maximum amount in case things get bad later on.

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