After another driver hits the side of your car, you might feel shaken, suffer injuries, and face unexpected damage. Suddenly, you face tough questions about what to do next, how to deal with insurance companies, and who will cover your costs.
You don’t have to face these challenges alone. Here, we’ll clearly explain what happens after a sideswipe accident and why having an experienced car accident attorney by your side can make all the difference.
Who Is at Fault in a Sideswipe Accident?
Usually, fault goes to the driver who enters another car’s lane. That driver might have failed to look in their mirrors or check their blind spots, or they might have changed lanes suddenly without using a turn signal. The law says each driver must keep a safe distance and stay in their lane unless it is clear to move. When drivers ignore that responsibility, others often hold them at fault.
In some cases, a police report or witness statements will help figure out who caused the crash. In others, carefully studying skid marks or car damage will tell the story. Because finding fault can be difficult, many people rely on a car accident attorney to help sort out what happened.
How Do You Prove Fault in a Sideswipe Accident?
Proving fault is about showing who acted negligently. Your car accident attorney might gather evidence like photos of the damage, witness statements, or camera footage. A police report can also be a shred of strong evidence, especially if an officer on the scene wrote down who they believed caused the crash. If there are any traffic tickets involved, that can help point to which driver broke the rules.
Sometimes, professionals look at the crash scene to understand how the accident occurred. They might measure the distance between vehicles or examine the angle of impact. The goal is to show a clear chain of events that led to the sideswipe.
The more proof you collect, the easier it is to show that the other driver was at fault. Without this evidence, you may struggle to get the insurance company to pay for your damages.
Should I See a Doctor After a Sideswipe Accident Even if I Feel Fine?
Yes. It’s important to see a doctor after a sideswipe accident, even if you think you’re not hurt. After an accident, adrenaline can mask pain. You might feel okay initially, only to notice neck or back aches a day or two later. A medical check-up can find hidden injuries like whiplash or minor bone fractures before they get worse.
Getting medical help also helps your insurance claim. The doctor’s records show that you took your health seriously. If you wait too long, the insurance company might argue you weren’t hurt. You protect your body and legal rights by seeing a doctor right away. It’s always better to be safe than sorry, especially after a sideswipe accident.
What Injuries Can Happen from a Sideswipe Accident?
A sideswipe might not seem as dangerous as a head-on collision, but it can still lead to serious injuries. The force of the hit can jolt your body to the side or even spin your car around. Common injuries include whiplash, which strains the muscles in your neck, and lower back pain from your spine absorbing the impact. Broken bones can also happen if your arm or leg hits the door at the wrong angle.
Head injuries are another concern. If you bang your head against the window or steering wheel, you can suffer a concussion. Blows to the head can lead to dizziness, headaches, or blurred vision. It’s important to take these injuries seriously because untreated head trauma can create lifelong problems. See a doctor immediately if you notice any pain or strange symptoms.
How Does Insurance Work in a Sideswipe Accident?
The at-fault driver’s insurance often pays for car repairs, medical bills, and other losses. The insurance company usually looks at police reports, photos, or witness accounts to decide who is to blame. If they find their driver is at fault, they should cover your damages. However, insurance companies sometimes try to pay less than you need or deny the claim altogether.
That’s where a car accident attorney can help. An attorney understands how insurance companies operate and knows the rules they must follow. They can push back if the insurance offer is too low.
Insurance companies often pay closer attention when an attorney is involved because they know you’re ready to fight for the best outcome. This can speed up the process and secure fair payment.
What If the Other Driver Says I Was at Fault for the Sideswipe Accident?
Sometimes, the other driver will claim that you caused the sideswipe. They might say you drifted into their lane or that you were speeding. When this happens, stay calm. Never admit fault at the scene. Gather as much evidence as possible, including photos of the vehicles and the road.
It helps to have a police report to back up your version of events. If there are witnesses, ask for their contact information and see if they can write down what they saw. A car accident attorney can also prove that you did not act carelessly. They know how to use the evidence in your favor and can work with professionals if needed. Don’t let fear or confusion stop you from defending your side of the story.
How Does a Car Accident Attorney Help After a Sideswipe Accident?
A car accident attorney acts as your voice and protector. First, they investigate your accident. They look at police reports, photos, and witness stories. They might also talk to professionals, like accident reconstruction professionals, who can show how the crash happened. This detailed work helps build a strong case on your behalf.
Next, the attorney contacts the insurance company for you. Instead of you arguing about money, your lawyer does it. They know what a fair settlement looks like for your injuries and car repairs. Your attorney can take the matter to court if the insurance company is unreasonable. By standing up for your rights, you help yourself recover costs for medical bills, car damage, missed work, and even pain and suffering. They work to relieve your burden and make sure you don’t get stuck with bills you shouldn’t have to pay.
How Much Does a Car Accident Attorney Cost?
Most car accident attorneys work on a “contingency fee” basis. This means you pay them only if they win money for you. If you don’t get paid, they don’t get paid. Many people find this helpful because it removes the worry of large hourly bills. You won’t need to pay anything upfront to start the case.
When you settle the case or win in court, the attorney takes a percentage of the total amount. That percentage should be explained to you clearly before you hire them. Because lawyers only get paid if you do, it motivates them to fight hard. This arrangement lets people of all income levels access legal help without worrying about big fees.
What If the Other Driver Has No Insurance?
If the driver who sideswiped you isn’t insured or doesn’t have enough insurance, you still have options. Many people carry uninsured or underinsured motorist coverage. This type of insurance on your policy can help pay for car repairs and medical bills. You don’t have to wait for the at-fault driver to pay out of pocket.
A car accident lawyer can review your insurance policies to see if you have this coverage. They can also look for other sources of payment. For example, there might be a personal asset the other driver owns or another policy you can claim against. The lack of insurance doesn’t mean you must accept all the costs yourself. An attorney guides you through these tricky situations and helps you recover the compensation you deserve.
Can I Get Money for Things Besides Medical Bills?
Yes. You can get paid for many different losses after a sideswipe accident. Medical bills are only one part of the puzzle. If your car was damaged, you should be compensated for repairs or the cost of a new vehicle if yours was totaled. You may get money for lost earnings if you missed work because of your injuries.
In some cases, you can also receive compensation for pain and suffering. This payment type recognizes the emotional toll and physical pain you went through. If a permanent injury leaves you disabled, you can receive money for long-term care or home modifications. A car accident attorney knows how to place a fair value on all these losses, ensuring you don’t settle for less than you deserve.
What Happens If My Car Is Totaled?
When an insurance company says your car is “totaled,” it means the cost to fix your car is more than what the car is worth. In that situation, you should receive the current market value of your vehicle. This should be enough to replace it with a similar car that is in good condition. However, insurance companies sometimes offer a lower payout than the real market value.
If you think the offer is too low, gather proof of your car’s value. This might include recent receipts for repairs or upgrades, or listings showing the price for cars like yours. A car accident attorney can negotiate a higher settlement amount on your behalf. They can argue why your car’s value exceeds the insurance company’s claims. Don’t accept a lowball offer if it won’t cover the cost of a similar replacement car.
How Long Do I Have to File a Claim for a Sideswipe Accident?
A state law sets a deadline for filing accident claims, called the statute of limitations.
The statute of limitations for filing a claim for a sideswipe accident depends on the nature of the claim and the parties involved. Generally, a person injured in a car accident caused by another’s negligence has two years from the accident date to file a personal injury lawsuit against the negligent party. If you miss that deadline, you may lose the right to pursue money for your injuries and damages.
If the claim involves an uninsured motorist, the insured must formally institute arbitration proceedings within one year from the date of the accident to recover under their uninsured motorist policy. Additionally, insurers are required to notify their insureds in writing of the applicable statute of limitations at least 30 days before its expiration. Failing to provide this notice pauses the statute of limitations for 30 days after you submit the notice. When filing against a public entity, such as a government agency, you must present the claim within six months of the accident.
It’s best to speak with a car accident attorney soon after your accident. A car accident lawyer files all important paperwork on time. Waiting too long can weaken your case since evidence can be lost, and witnesses can forget details. Acting quickly helps preserve your rights and keeps your options open.
Can I Settle My Sideswipe Accident Claim Without Going to Court?
Most car accident claims settle before they ever reach a courtroom. Settling means you agree to accept a certain amount of money from the at-fault driver’s insurance company. In return, you promise not to sue them in court over the same accident. This process can be faster and less stressful than a full trial.
However, you should only settle if the offer is fair. Once you take the money, you usually cannot ask for more later. A car accident lawyer can evaluate whether a settlement is reasonable. If the insurance company refuses to offer enough, your attorney can file a lawsuit and present your case to a judge or jury. The goal is to get what you need to cover all your losses.
If You’ve Been Sideswiped, Call a Car Accident Attorney Today for Help
If another driver sideswipes you, you deserve strong, caring support. Don’t wait and let insurance companies give you less than you deserve. Call today to speak with a car accident attorney during a free case consultation.
