What Should I Do If I Know the Accident Was My Fault?

Accidents are unfortunate events that can happen to anyone, and admitting fault can be an emotionally charged and stressful situation. If you find yourself in a position where you know the accident was your fault, understanding your legal obligations and the steps you should take is crucial.

Immediate Actions After the Accident

The immediate priority after an accident is checking that everyone is safe. If anyone is injured, including yourself, seek medical attention right away. Even if injuries seem minor, a thorough medical evaluation is essential as some injuries may not be immediately apparent.

Exchange contact and insurance information with the other party involved in the accident. This includes names, addresses, phone numbers, driver's license numbers, vehicle registration details, and insurance policy information. This exchange is critical for filing insurance claims and potential legal proceedings.

Report the accident to local law enforcement. A police report provides an official record of the accident, which can be crucial for insurance claims and legal proceedings. Make sure you obtain a copy of the report or the report number for your records.

Take photographs of the accident scene, including the vehicles involved, any damage, and the surrounding area. Documenting the scene can provide valuable evidence if disputes arise later. Gather contact information from any witnesses who observed the accident.

Legal Obligations and Responsibilities

Inform your insurance company about the accident as soon as possible. Most insurance policies require prompt notification of accidents, and failure to do so can result in complications with your claim. Provide your insurance company with all relevant details, including the fact that you acknowledge fault.

Cooperate fully with your insurance company during their investigation of the accident. This includes providing accurate information and any requested documentation. Your insurance company will use this information to determine coverage and handle claims.

While you may acknowledge fault verbally, avoid making written admissions of fault or agreeing to any settlements without legal advice. Statements made in writing can be used against you and may affect your ability to negotiate a fair settlement or defend yourself if legal action is taken.

Understanding North Carolina's Personal Injury Law

North Carolina's personal injury law involves several important principles that are relevant if you're at fault in an accident:

1. Negligence and Liability: In personal injury law, negligence is the failure to exercise reasonable care, resulting in harm to others. If you're at fault, it means you were negligent in some way—such as by driving distracted, speeding, or failing to follow traffic laws. Liability refers to your legal responsibility for the damages caused by your negligence.

2. Contributory Negligence Rule: North Carolina follows the contributory negligence rule, which is a strict standard. Under this rule, if the injured party is found to be even slightly at fault for the accident, they may be barred from recovering any damages. This rule emphasizes the importance of understanding your own potential liability and the implications it may have on claims.

3. Damages and Compensation: If you're at fault, you may be liable for damages resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering. Your insurance coverage may help pay for these damages, but you could also face out-of-pocket expenses if coverage limits are exceeded.

4. Statute of Limitations: North Carolina imposes a statute of limitations on personal injury claims. Generally, you must file a lawsuit within three years from the date of the accident or the date when the injury was discovered. Failing to file within this timeframe may result in losing your right to seek compensation.

Dealing With Insurance Claims

Review your insurance policy to understand the coverage limits and types of coverage available. In North Carolina, drivers are required to have liability insurance, which covers bodily injury and property damage. If you're at fault, your liability coverage will typically pay for damages up to the policy limits.

Handling Insurance Adjusters

Insurance adjusters will investigate the accident and assess the damages. Be honest and cooperative, but avoid providing detailed statements about fault or admitting liability beyond what is necessary. Insurance adjusters may use your statements to minimize the payout or dispute the claim.

Negotiating Settlements

If you receive an offer from the insurance company, review it carefully and consider whether it fully covers your damages. You may need to negotiate for a fair settlement, especially if the initial offer doesn't adequately address your losses. An attorney can assist with negotiating and making sure that the settlement reflects your actual damages.

Legal Representation

If the accident involves significant damages, disputes with insurance companies, or potential legal action, consider consulting with a personal injury attorney. An attorney can provide valuable advice, handle negotiations, and represent you in legal proceedings if necessary.

Potential Legal Consequences

If the injured party or parties aren't satisfied with the insurance settlement or if there are disputes about liability, they may file a civil lawsuit against you. A lawsuit can result in additional financial liabilities, including court costs and attorney fees.

In some cases, accidents involving gross negligence or criminal behavior (such as driving under the influence) can result in criminal charges. If criminal charges are filed, you may face penalties beyond civil damages, including fines, license suspension, or imprisonment.

Being at fault in an accident can impact your driving record and insurance premiums. Your insurance rates may increase as a result of the accident, and points may be added to your driving record, potentially affecting your driving privileges.

Steps to Protect Yourself Legally

Collect and maintain all evidence related to the accident, including medical records, repair estimates, and correspondence with insurance companies. This evidence will be crucial in supporting your claim and defending against any disputes or lawsuits.

Keep detailed records of all communications with insurance companies, legal representatives, and other parties involved in the accident. This documentation can help track the progress of your claim and address any discrepancies or issues that arise.

If you consult with an attorney, follow their legal advice and guidance. Attorneys can provide crucial assistance in managing the legal aspects of the accident, including negotiating settlements, filing necessary paperwork, and representing you in court if needed.

Take timely action to address all legal and insurance matters related to the accident. Prompt action can prevent delays, complications, and potential negative impacts on your claim or legal situation.

Handling Settlement Negotiations

Before entering settlement negotiations, assess the full extent of damages resulting from the accident. This includes calculating medical expenses, lost wages, property damage, and any other losses. Having a clear understanding of your damages will help you negotiate effectively.

Make sure that all damages and losses are well-documented and supported by evidence. This includes medical bills, repair estimates, proof of lost income, and other relevant documentation. Comprehensive documentation strengthens your position in negotiations.

During settlement negotiations, present a well-organized and reasonable claim based on your documented damages and losses. Be prepared to negotiate and provide evidence supporting your claim. An attorney can assist with developing a negotiation strategy and advocating on your behalf.

Carefully evaluate any settlement offers you receive from insurance companies or other parties. Consider whether the offer adequately compensates for your damages and losses. If the offer is insufficient, you may need to negotiate for a higher amount or pursue legal action if necessary.

Dealing With Disputes and Legal Action

If disputes arise during the insurance claim process or legal proceedings, consider alternative dispute resolution methods, such as mediation or arbitration. These methods can provide a less formal and potentially quicker resolution compared to litigation.

If a lawsuit is filed against you, prepare for litigation by gathering all relevant evidence, documenting communications, and working with your attorney to develop a legal strategy. Litigation can be complicated and time-consuming, but thorough preparation can help determine a favorable outcome.

Familiarize yourself with court procedures and the legal process if a lawsuit is filed. This includes understanding the timelines for filing responses, attending court hearings, and complying with court orders. Your attorney can guide you through these procedures and represent you in court.

Even if litigation is underway, explore settlement options to resolve the matter without going to trial. Settlement negotiations can continue throughout the litigation process and may result in a mutually agreeable resolution.

Contact a Personal Injury Attorney

Admitting fault in an accident is a challenging situation, but understanding your legal obligations and the steps you should take can help you manage the process effectively. In North Carolina, personal injury law, insurance coverage, and potential legal consequences all play a role in handling the aftermath of an accident.

Understanding North Carolina’s personal injury laws, cooperating with insurance companies, and preparing for potential legal action is crucial for managing the consequences of being at fault in an accident. If you find yourself in this situation, take prompt and informed action to address the legal and insurance matters, and seek professional guidance to handle the intricacies of personal injury law effectively. 

Contact me, Robert L. Armstrong, Attorney at Law, today to schedule a consultation. I have over 38 years of experience practicing personal injury law, so I have what it takes to defend your rights. Located in Wilmington, North Carolina, my firm serves clients throughout the state, including New Hanover County, Pender County, Brunswick County, and Onslow County.