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Claims Defense FAQs

What Happens After A Car Accident That Was My Fault?

Caused an accident? Your liability insurance defends and pays the other driver. Learn what to say and do, and get a free case review from Injury Case Pro.

Category: Claims Defense FAQs

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Overview

If you caused a car accident, your liability insurance is there to handle it: your insurer will investigate, defend you against the other driver's claim, and pay for their injuries and vehicle damage up to your policy limits. Your job is to report the crash promptly, be truthful with your own insurer, and avoid admitting fault or discussing details with the other side. And if you were hurt too, you may still have options — in Georgia, Texas, and Illinois, being partly at fault reduces a claim rather than eliminating it, though Alabama's rule is much stricter.

Frequently Asked Questions

What happens after a car accident that was my fault?
The other driver (or their insurer) files a claim against your liability coverage. Your insurance company assigns an adjuster, investigates, negotiates with the other side, and pays their damages up to your bodily injury and property damage limits. If the other driver sues you, your insurer provides and pays for a defense attorney. Your own vehicle is repaired only if you carry collision coverage, minus your deductible.
What should I say and not say after an accident I caused?
At the scene, check on everyone, call 911, exchange insurance and contact information, and stick to the facts. Don't say 'it was my fault' or apologize in a way that sounds like an admission — fault is a legal determination, and you may not know everything that contributed. Don't give a recorded statement to the other driver's insurer; let your own insurance company handle communication with them.
What if the damages are more than my insurance limits?
If the other driver's injuries exceed your liability limits, the insurer pays only up to the policy limit, and the other driver may pursue you personally for the rest, or turn to their own underinsured motorist coverage. This is why carrying limits well above the state minimum matters. If a claim looks like it may exceed your limits, tell your insurer and consider consulting your own attorney about your exposure.
Can I still recover for my own injuries if the accident was partly my fault?
Often, yes. Georgia, Texas, and Illinois use comparative negligence, so if the other driver shared some blame you can recover their share of your damages as long as your fault falls under the state's threshold (less than 50% in Georgia, not more than 50% in Texas and Illinois). Alabama follows contributory negligence, where any fault on your part generally bars recovery. 'My fault' at the scene often turns out to be 'shared fault' after investigation.
Will my rates go up and will I be sued?
An at-fault accident will usually raise your premium at renewal for a few years. Lawsuits are less common than people fear — most claims settle with your insurer without a suit — but if one is filed, notify your insurer immediately so they can defend you. If you were injured and think fault may actually have been shared, a free case review from Injury Case Pro can help you find out whether you have a claim of your own.

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This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.

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