You didn’t cause the accident, but now you’re the one left with the stress, the questions, and the frustration. It’s unfair, but unfortunately, it’s common. Who pays for the damage? How do you prove you weren’t at fault? What if the other driver’s insurance gives you a hard time? These are the worries no one prepares you for.
The good news is, there are clear steps you can take to protect yourself after an accident that wasn’t your fault — steps that can help you avoid costly mistakes and make sure your rights are protected. Here’s what to know and what to do next.
What Does “Not-At-Fault” Car Accident Mean?
A not-at-fault car accident means you didn’t cause the crash, but someone else did. That also means you shouldn’t be the one paying for the damage or injuries.
The driver who caused the accident is responsible for covering the costs. Usually, their insurance company will pay for the damage to your car, your medical bills, and other related expenses.
Steps to Take after a Car Accident Not Your Fault
The last thing you should be dealing with after an accident someone else caused is the worry of paying for damage or injuries. But unfortunately, proving you weren’t at fault often falls on your shoulders. Acting quickly and calmly can make a big difference.
First, take a deep breath. Staying calm helps you think clearly and gather the right information, which can protect you later.
Here are the key steps to help prove you were not at fault:
1. Take photos and videos
If it’s safe to do so, use your phone to take clear photos and videos of:
- All vehicles involved, from multiple angles
- Damage to your car and the other vehicle
- The accident scene, including road conditions, skid marks, traffic signs, or signals
- Any visible injuries
- The positions of vehicles before they’re moved (if safe)
The more visual evidence you have, the stronger your case.
2. Gather witness statements
If anyone saw the accident happen, whether other drivers, passengers, or bystanders, politely ask for their statement and contact details. Get:
- Full names
- Phone numbers or email addresses
- A brief description of what they saw.
Witnesses can help confirm your version of events, especially if the other driver tries to deny fault.
3. Obtain a Police Report
Always call the police, even for minor accidents. A police report provides an official, unbiased account of what happened. This report can be crucial when dealing with an insurance provider or legal claims.
Make sure to:
- Get the names and badge numbers of the responding officers
- Ask how and when you can get a copy of the report.
If the police can’t come to the scene (which sometimes happens with minor crashes), file an accident report yourself through the Arizona Department of Transportation or your local DMV. Your insurance company can use this in place of a police report when processing your claim.
4. Start the Insurance Claim Process
After the scene is secure and you’ve gathered all the information, notify your insurance company to report the accident, even if you weren’t at fault.
Here’s how to get started:
- Provide basic details about the crash (time, location, people involved)
- Share any photos, videos, or witness information you collected
- Provide the police report number, if available
- Request next steps and confirm what coverage applies.
If the other driver was clearly at fault, your insurance company can help you file a claim with their insurance or guide you through using your own coverage if necessary.
The sooner you file your claim, the smoother the process tends to be, and the sooner you can focus on getting your car and your life back on track.
Arizona Car Accident Laws
Arizona follows a pure comparative negligence system. That means even if you were partly at fault for the accident, you can still seek compensation, but your payout will be reduced by your percentage of fault. For example, if you were 20% at fault, your compensation would be reduced by 20%.
Arizona is also an at-fault state, meaning the driver who caused the crash — or their insurance — is responsible for covering the costs, including medical bills, car repairs, and other losses.
Minimum Insurance Requirements in Arizona:
- $25,000 for injury to one person
- $50,000 for injury to two or more people
- $15,000 for property damage
If you weren’t at fault, the other driver’s insurance may help cover your medical expenses, ongoing treatment, car repairs or replacement, property damage, and legal costs, helping protect you from paying out of pocket for someone else’s mistake.
Car Accident Claim Deadline
After an accident, report it to your car insurance company as soon as possible, ideally within 24 to 48 hours, even if you weren’t at fault. Quick reporting helps avoid complications with your claim.
If you plan to take legal action, Arizona gives you two years from the date of the accident to file a personal injury claim. Missing that deadline could cost you the chance to recover compensation, so it’s always best to act early while evidence and witness information are still fresh.
Common Myths That Can Hurt Your Not-At-Fault Car Accident Case
There’s a lot of bad advice out there after a crash. Don’t fall for these common myths:
“I don’t need to call the police for minor accidents.”
In real life, even small crashes can lead to injuries or disputes later. Always report the accident.
“If I’m not at fault, I don’t need to involve my insurance.”
You should still notify your insurer. It helps protect you and keeps your coverage in place.
What if the other driver doesn’t have insurance?
Arizona requires drivers to carry insurance, but not everyone follows the rules. If the at-fault driver is uninsured, your own uninsured motorist coverage (if you have it) can help cover your damages.
“I don’t need a lawyer if I wasn’t at fault.”
The other driver’s insurance might still fight your claim. Having legal support ensures your rights are protected.
Knowing the facts helps you avoid costly mistakes when getting over car crash.
Dealing With Your Insurance Company & Adjuster After a Not-At-Fault Car Accident
A major component of dealing with the aftermath of a car accident is contacting your insurance company and speaking with an adjuster. While this process can cause unnecessary stress, we’re here to simplify the process with a how-to guide.
First, gather the following insurance information from all other drivers involved in the accident for later use. Your insurance company will need this information during the claims process.
- Insurance company name
- Policyholder’s name
- Policy type
- Policy number
- Agent Name
Just like you reported the accident to either the police or your local DMV, you should also report the accident to your insurance company. Most insurance providers require policyholders to report car accidents, regardless of the severity level and whether the policyholder is at fault.
The purpose of reporting an accident to your insurance company is to file a claim against the at-fault driver so you can recover compensation for injuries and damages sustained. If the total cost of damages meets the state-specified threshold, the at-fault driver’s insurance company must cover them for you.
Resolve Your Not-At-Fault Auto Accident Case with Esquire Law
If you get in a car accident and it’s not your fault, you shouldn’t be left dealing with the stress, paperwork, and insurance companies on your own. We’re here to help you take the pressure off and fight for the full compensation you deserve.
At Esquire Law, our car accident lawyers make the process as easy as possible — you won’t pay us a penny unless we win your case. With local offices throughout Arizona, it’s simple to get the legal support you need near you.
Don’t settle for less than what you’re owed. Let us handle the legal side while you focus on moving forward.
Get started today with a free, no-obligation case evaluation.