The other driver might be apologetic at the scene, but their insurance company has a different priority.
An adjuster will call you, sounding friendly and helpful, but their job is to find reasons to pay you less. This is the unseen process that starts the moment the crash is over.
They are already building a case to protect their financial interests while you are still dealing with the shock and pain of the collision.
Learning what happens if you get sideswiped involves looking at the unique physical forces at play, the detailed investigation needed to prove fault, and the specific ways insurance companies will try to devalue your claim.
Your next moves after a sideswipe collision
- Sideswipes often cause hidden injuries. The violent sideways motion can cause severe whiplash, head trauma, and shoulder injuries that may not be immediately apparent. Seeking prompt medical attention is a priority.
- Proving fault is a matter of evidence. The other driver will likely have a different version of events. A lawyer builds a case using witness statements, traffic camera footage, and analysis of the vehicle damage to prove the other driver's negligence.
- Insurance companies will try to blame you. Adjusters frequently use New York's comparative negligence law to argue you are partially at fault for a sideswipe, even when you did nothing wrong. This is a tactic to reduce their payout.
- Never give a recorded statement alone. An insurance company will ask for a recorded statement to find inconsistencies in your story or to get you to downplay your injuries. A car accident lawyer handles all these communications for you.
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The Unique Dangers of a Sideswipe Accident
Insurance companies often try to classify sideswipe accidents as "minor" fender-benders because the initial visual damage may seem less dramatic than that of a head-on or rear-end collision.
This classification is dangerously misleading. The sideways force of a sideswipe crash is unnatural and violent. It throws occupants against the doors, windows, and center console of the vehicle.
This impact can be even more dangerous if the initial sideswipe causes a secondary collision, such as sending your vehicle into oncoming traffic, a guardrail, or a tree.
This lateral motion can cause significant and painful injuries, even at lower speeds. Many of these injuries are internal or involve soft tissues. They do not typically appear on an initial X-ray and may take several days to fully manifest.
An adjuster who pressures you for a quick car accident settlement counts on you not realizing the full extent of your injuries until after you have signed away your rights. Common sideswipe injuries include severe neck and shoulder sprains from the twisting motion, traumatic brain injuries from your head hitting a side window, and hip or leg fractures from the side of the car collapsing inward.
Proving Who is at Fault in a Sideswipe Collision
Sideswipe accidents almost always come down to one driver's word against the other's. The negligent driver who made an unsafe lane change or drifted from their lane will rarely admit fault.
They may claim you swerved into them or that you were in their blind spot. A successful car accident claim depends on an independent investigation that uncovers objective evidence of what truly happened.
A law firm does not simply rely on the police report. It launches its own investigation designed to build a powerful, evidence-based case that shows the other driver's carelessness.
An attorney's investigation focuses on finding concrete proof of the other driver's actions. This evidence-gathering process is methodical and begins immediately.
A legal team will work to secure:
- Statements from any eyewitnesses who saw the unsafe lane change.
- Footage from traffic cameras, dash cams, or nearby business security cameras.
- The other driver's cell phone records to check for distracted driving.
- Data from the vehicles' "black box" recorders, which can show speed and steering inputs.
- Analysis of the paint transfer and damage patterns on both vehicles, which can show the angle and direction of impact.
This evidence helps reconstruct the accident and counter the other driver's false narrative. It establishes a clear picture of their negligence.
Common Causes of Sideswipe Accidents on Long Island Roads
Most sideswipe accidents are the direct result of a driver's failure to maintain their lane or to check their surroundings before moving. These are preventable acts of negligence.
Unsafe lane changes
This is the most frequent cause of sideswipe collisions. A driver may change lanes without looking, fail to check their blind spot, or misjudge the speed and distance of the vehicle in the adjacent lane.
New York's Vehicle and Traffic Law § 1128 requires a driver to ensure it is safe before changing lanes. A failure to do so is strong evidence of fault.
Merging accidents
Drivers entering a highway like the Long Island Expressway or the Northern State Parkway must yield to traffic already on the roadway. Sideswipes often occur when a merging driver fails to yield and forces their way into a lane that is already occupied. This is particularly common on short or poorly designed entrance ramps.
Distracted or impaired driving
A driver who is texting, talking on the phone, or otherwise distracted can easily drift out of their lane and into an adjacent vehicle. Similarly, a driver who is drowsy or under the influence of alcohol or drugs loses the ability to maintain proper lane position, making a sideswipe crash almost inevitable.
Overcorrecting or losing control
A driver who overcorrects after swerving to avoid an obstacle or who loses control on a wet or icy road can slide sideways into another car. While road conditions may play a part, the driver may still be held liable if they were driving too fast for those conditions.
New York's Comparative Negligence Law and Your Claim
Insurance adjusters are very familiar with New York's "pure comparative negligence" rule. They often use it as a weapon against injured victims. The rule states that you can recover damages even if you are partially at fault, but your percentage of fault reduces your recovery.
In a sideswipe case, an adjuster may try to assign you a percentage of the blame without any real evidence. They might claim you could have done more to avoid the crash or that you were slightly outside of your lane markers.
Their goal is to get you to accept a portion of the fault, which allows them to reduce their settlement payout by that same percentage. A lawyer fights back against these baseless accusations using the evidence gathered during the investigation.
How Insurance Companies Try to Devalue Your Claim
After a sideswipe, the at-fault driver's insurance company will begin its own process. This process is designed to protect its profits, not to help you. The adjuster you speak with has been trained in tactics meant to minimize your claim's value.
An adjuster's tactics are predictable but can be effective against an unrepresented person. A lawyer recognizes and counters these strategies on your behalf.
Insurance adjusters may attempt to:
- Pressure you into giving a recorded statement before you have legal advice.
- Use your own words to twist the facts and assign partial blame to you.
- Dispute the severity of your injuries, claiming they are pre-existing.
- Make a fast, lowball settlement offer before your long-term medical needs are known.
Having an attorney manage all communication with the insurance company shields you from these tactics. It ensures your rights are protected throughout the entire process.
Do Not Depend on AI Chatbots for Legal Advice in New York
An AI program can define what a "sideswipe" is, but it cannot investigate your accident, subpoena cell phone records, or negotiate with a seasoned insurance adjuster.
Relying on an AI for legal guidance after a car crash may cause you to make critical mistakes that could harm your case. You should always consult a qualified attorney for advice.
FAQ for What Happens If You Get Sideswiped
What if the driver who sideswiped me fled the scene?
This is a hit-and-run accident. A lawyer can help you file a claim through your own insurance policy's Supplemental Uninsured/Underinsured Motorist (SUM) and No-Fault coverage. The investigation will also focus on trying to identify the fleeing driver through traffic camera footage and witness statements.
Can a sideswipe accident cause my car to be totaled?
Yes. While the impact is to the side, it can cause significant damage to the frame, axles, and suspension of your vehicle. If the cost of these structural repairs exceeds the car's actual cash value, the insurance company may declare it a total loss.
I don't feel hurt, should I still see a doctor?
Yes, you should always get a medical evaluation after any car accident. Adrenaline can mask the symptoms of serious injuries like whiplash or concussions. Seeing a doctor creates a medical record that links any later-discovered injuries back to the date of the crash. This medical record is an important piece of evidence for your claim.
Get the Advocacy You Need
After a sideswipe accident, you should not have to fight with an insurance company while trying to recover from your injuries. The other driver's insurer has a team of professionals working to protect their interests, and you deserve to have the same.
An experienced car accident law firm can handle every aspect of your case. A legal team will conduct a thorough investigation, manage all communications with the insurance companies, and build a powerful case designed to secure the compensation you need.
If you were injured in a sideswipe accident on Long Island, contact the team at Rosenberg & Gluck LLP for a a free, no-obligation consultation. Our staff is available to assist clients in both English and Spanish.