Understanding Your Rights After a Car Accident That Wasn’t Your Fault

Getting rear-ended or struck by another driver isn’t easy.

What makes it worse?

Finding out you don’t understand your rights after the accident.

There are 6 million car accidents every year in America — that’s over 16,500 wrecks per day. A lot of those victims didn’t know what they should’ve been entitled to.

The truth?

Too many not-at-fault victims leave money on the table. They take the first settlement offer. They forgo legal representation. Then, they regret their decision months — or years — later.

If you get hit by another driver, you need to know how to protect your rights and maximize your compensation. Below is everything you should know about filing a claim after a car accident that wasn’t your fault.

Table of Contents

• What Are Your Rights After a Not-At-Fault Accident?
• The First Steps That Matter Most
• What Compensation Can You Claim?
• How Insurance Companies Go About Undercutting You
• Why Car Accident Legal Representation Changes Everything

What Are Your Rights After a Not-At-Fault Accident?

When you’re injured in a crash caused by another driver, Minnesota law is on your side.

But what most victims don’t realize…

Just because you’re “not at fault” doesn’t guarantee a fair settlement. Fault still needs to be determined, and you need to know what you’re entitled to before you speak with anyone from their insurance company.

After a not-at-fault accident, you have the right to:

• Seek reimbursement for ALL medical costs
• File a claim for lost wages and loss of earning capacity
• Recover compensation for pain and suffering
• Have your car repaired/replaced

You have rights as the not-at-fault party in an accident. But they don’t enforce themselves. That’s why working with a Minneapolis car accident lawyer is so important. Representation gives you an upper hand when filing a claim, negotiating with insurance companies, and meeting legal deadlines.

The First Steps That Matter Most

Contrary to what you might think, some of the most important things you should do after a crash happen before you even leave the scene.

Here are the steps you need to take:

You should always call 911. Let them send police out to the scene, even if the accident was minor. A police report will be essential evidence when filing an insurance claim. Without one, the other driver can contest fault later on.

Go to the hospital, even if you feel okay. Symptoms for whiplash, internal bleeding, and concussions can take days to manifest. Any gap in time between the accident and medical treatment can be used against you by an insurance adjuster.

Document everything at the scene of the accident:

• Photos of the damage to both vehicles
• Property damage (including fences, other vehicles, buildings, etc.)
• Conditions of the road
• Skid marks
• Traffic lights/signs
• Personal injuries (no matter how slight they may appear)

Get the at-fault driver’s name, insurance information, and license plate number. Obtain contact information from witnesses if there are any. These are just some of the elements that make up a successful car accident injury claim. Without the proper documentation, it can be tough to prove what happened.

What Compensation Can You Claim?

Let’s say you fault accident totaled your car. You’re going to want to get reimbursed for the damages…right?

Here’s where most victims are unknowingly misled.

Car repairs are just one category of compensation. Not-at-fault accident victims can usually pursue damages in several different categories:

• Economic damages include calculable financial losses. This encompasses medical bills, rehab costs, prescriptions, lost wages, and future treatments.
• Non-economic damages include losses that are more difficult to place a dollar amount on. Pain and suffering, emotional trauma, loss of life enjoyment, and diminished quality of life are some examples.
• Property damages includes the full cost of repairing or replacing your vehicle. Along with rental car fees during the repair period.

In severe cases, punitive damages may be applicable too — such as when the negligent driver was drunk or driving recklessly at the time of the crash.

Hospital bills, lost productivity, and repairs added up to $417 billion nationally in 2024 due to car accidents. Just because a cost wasn’t listed above doesn’t mean it can’t be added to your settlement. Knowing what you can and cannot claim is crucial, and that’s where having legal help really shines.

When it comes to settlements, minor injuries average between $15,000 and $30,000 nationwide. When you have an attorney on your side, that number increases significantly.

How Insurance Companies Go About Undercutting You

Here’s a favorite that most victims don’t see coming…

The at-fault driver’s insurance company wants to close your claim as quickly (and cheaply) as possible. They have teams of lawyers and adjusters who do this every day for a living.

Adjuster tactics include:

• Rushing you into an early settlement
• Downplaying the severity of your injuries
• Contesting who’s at fault
• Trapping you with recorded statements

Taking an early settlement offer can derail your claim. Once you sign the settlement release, that’s it. You can’t go back for more compensation later if your injuries are worse than initially thought.

Bottom line?

Never accept an offer or recorded statement without legal guidance.

Why Car Accident Legal Representation Changes Everything

Let’s lay everything out on the table…

Without legal representation, you’re going up against trained insurance company lawyers and adjusters by yourself.

Minneapolis car accident lawyers even the playing field. They’ll conduct their own investigation of the accident, calculate your claim’s value (including future expenses), communicate with the insurance company on your behalf, negotiate unfair offers, and go to court if necessary.

Less than 5% of personal injury lawsuits actually go to trial in the United States. Almost all car accident cases are settled during negotiation. That’s why having representation who excels at negotiating can mean everything.

Oh, and most personal injury lawyers work on a contingency fee basis. That means they don’t get paid unless you win compensation. There are no upfront costs. You don’t owe them anything if they don’t win.

That’s The Wrap…

Having another driver crash into you is hard enough. You shouldn’t have to fight an uphill battle just to get what you deserve.

You have rights. Minnesota law favors not-at-fault victims. But your rights don’t mean anything if you don’t know about them — and aren’t prepared to pursue them.

• Understand your rights immediately following the accident
• Document everything and seek medical treatment ASAP
• Never agree to an early settlement offer without speaking to an attorney
• Hire experienced legal representation to protect your rights and maximize your compensation

The difference between filing a car accident claim on your own and hiring a lawyer to fight for you is astounding. Nine times out of ten, that difference is reflected in your compensation amount.