The Shoulder
The Shoulder
50
Car accidentssilent-marmot-168

I caused an accident and the other driver got hurt — completely lost on what happens now

I'm still kind of in shock writing this, honestly. A few weeks ago I lost control of my car on a wet road — hydroplaned going around a curve — and slid into the oncoming lane. Another car hit me almost head-on trying to avoid me. The other driver was taken away in an ambulance. My car is done. Theirs looked really bad too.

Police came, report was filed. I was cited. I only have liability coverage, so I know my own car is gone and I'm eating that loss. I've accepted it. What I haven't wrapped my head around is what happens with the other driver.

My insurance knows about the claim. They said they'd be handling communication with the other party. But what does that actually mean in practice? Like, am I personally exposed here if the other person's medical bills or lost wages are really high? What if it goes over my policy limits? Can they come after me personally?

I've never been at fault in anything before. I'm a pretty careful driver and this was genuinely an accident — road conditions were terrible — but I know that doesn't change the legal reality.

I guess my main questions are:

  • Should I get my own attorney even though I was at fault?
  • How do I know if my policy limits are enough?
  • What should I not be doing right now (talking to anyone, posting anything, etc.)?

I feel awful about the other driver and I hope they're okay. But I also need to protect myself here. Any advice or shared experience is really appreciated.

13replies

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13 replies

  • 17
    clever-fox-700

    I was on the other side of this — someone hit me and was at fault — so I've seen it from that angle. The at-fault driver's insurance handled everything with me directly. The driver never had to talk to me once. So that part your insurer said is probably true. That said, I'd still want to know exactly what your policy limits are if I were you, because that does matter a lot if the injuries are serious.

  • 14
    gentle-marmot-165

    Three things: 1) Pull out your policy and find your liability limits right now. Per-person and per-accident — both numbers matter. 2) Stop talking about the accident to anyone who isn't your insurance company or an attorney. 3) Don't reach out to the other driver or their family on your own, even to apologize. It comes from a good place but it can seriously backfire legally.

    • 20
      warm-grouse-125

      To answer your question about whether you need your own attorney even as the at-fault driver: your liability insurer is actually contractually obligated to defend you up to your policy limits. That means if the other driver sues, your insurer provides defense counsel. However, if it looks like the claim might exceed those limits, that's when you might want to also consult a personal attorney independently — someone whose only job is to look out for you, not just the policy. It's a subtle but important distinction.

    • 2
      level-late-shift922

      Adding this: keep copies of every email. It mattered for me.

  • 12
    brave-heron-593

    Worked in claims for years. Here's the practical reality: your insurer will investigate, evaluate the other driver's injuries and damages, and negotiate a settlement with them. You'll mostly be on the sidelines. BUT — and this is important — if the other driver lawyers up and the claim looks like it might exceed your limits, your insurer is required to inform you of that exposure. Ask your adjuster directly: 'Is there any indication this claim could exceed my limits?' You're allowed to ask that. Also, do not post anything about the accident anywhere. Anything.

  • 10
    wise-badger-665

    I just want to say — it's clear you care about whether the other person is okay, and that says a lot. Head-on-type impacts can cause injuries that don't fully show up right away, so if there's any update down the road about their condition getting more complicated, don't be surprised. That can affect the claim timeline too. Take care of your own stress through this — accidents you caused can be psychologically heavy in a different way than ones that happen to you.

    • 0
      careful-wanderer549

      Solid advice. Getting it in writing is the part most people skip.

  • 9
    mellow-tern-271

    Not legal advice, but to answer your question directly: yes, if the other driver's damages exceed your policy limits, they can theoretically pursue you personally for the difference. It doesn't happen in every case, but serious injuries with high medical costs raise that risk. Talking to an attorney — even as the at-fault party — isn't crazy. Some attorneys consult on the defense side just to help you understand your exposure. At minimum, know your exact liability limits before assuming you're covered.

  • 8
    mellow-otter-693

    Don't assume your insurance company is fully on YOUR side here. They're managing the claim, yes, but their job is to settle it within your policy and close it out. If the claim is heading toward your limits, you want to understand that early — not find out after a settlement offer locks things in.

    • 18
      swift-finch-993

      One thing I'd push on a little: you said you 'lost control' — was that the finding in the police report too, or were there any other contributing factors noted? Like road maintenance issues, signage, anything like that? I ask because sometimes there are third parties that share liability and people don't realize it. Probably nothing, but worth knowing what the report actually says.

    • 6
      tired-driver822

      How long did it end up taking in your case?

    • 8
      weathered-sidewalk783

      Took me three tries but they finally budged. Don't give up.

  • 3
    gentle-heron-155

    Sending you some grace here — hydroplaning is terrifying and not something most people can just 'control.' You didn't do this on purpose. I hope you're being kind to yourself while you sort through all the practical stuff.