Getting sideswiped might seem less dramatic than a head-on or rear-end collision, but the consequences can be just as serious. If your vehicle has been struck on the side, you’re likely dealing with shock, property damage, and potentially serious injuries, all while trying to make sense of who’s at fault and how to handle all the damages.

A sideswipe crash can happen anywhere—on highways, city streets, or during a simple lane change. The unexpected jolt, the confusion of who veered first, and the hassle of filing an insurance claim can leave anyone feeling unsettled. Knowing what to do after getting sideswiped in a car accident helps protect your health, your rights, and your ability to recover compensation.

Let’s break it down step-by-step—so you know exactly what happens next and what you need to be prepared for.

 

Key Takeaways

  • Sideswipe accidents occur when two vehicles traveling parallel to each other make contact along their sides.
  • These crashes often result from improper lane changes, distracted driving, or merging errors.
  • Prompt medical care, documentation, and legal advice are essential to protecting your claim.
  • Insurance companies may dispute fault or minimize payouts in sideswipe collisions.
  • A personal injury lawyer can gather evidence, deal with insurers, and fight for the full compensation you deserve.

What Is a Sideswipe Accident?

Sideswipe accidents happen when the side of one vehicle strikes or scrapes along the side of another. This typically occurs when two vehicles are traveling in the same direction, often in adjacent lanes. 

Unlike head-on or T-bone collisions, these impacts often don’t occur with direct force, but they can still cause drivers to lose control, send them off the road or into oncoming traffic, and collide with other objects. All of these situations can result in serious injuries and death.

Common Scenarios Leading to Sideswipe Crashes

Most sideswipes are due to driver error. Here’s how these accidents commonly unfold:

  • A driver merges into another lane without checking blind spots
  • A distracted driver drifts into the neighboring lane
  • Aggressive drivers fail to yield during lane changes
  • One vehicle tries to pass in a tight space or on the shoulder
  • Road rage or weaving through traffic causes erratic movement

Even at lower speeds, a sideswipe can result in dangerous spinouts or secondary crashes, especially if you’re forced off the road or into another vehicle.

Common Injuries in Sideswipe Accidents

Due to the lateral force and sudden impact, sideswipe injuries can vary significantly. Even with modern safety features, side impacts can be particularly dangerous since there’s less protection between you and the oncoming vehicle.

Injuries from sideswipe collisions often include: 

  • Whiplash and neck injuries: Rapid side-to-side motion can strain muscles and ligaments
  • Shoulder and arm injuries: Particularly for drivers who are hit on their side
  • Head trauma or concussions: When occupants strike the door or window
  • Broken ribs or hip injuries: From door panel intrusion or side airbags deploying
  • Soft tissue damage: Including sprains, bruises, or internal bleeding
  • Emotional trauma: Feelings of fear, helplessness, or ongoing anxiety after the crash

It’s common for symptoms to be delayed, so seeking medical evaluation—even if you feel fine—is critical.

Who Is at Fault in a Sideswipe Accident?

Determining liability in a sideswipe crash can be complicated. Unlike a rear-end collision, where fault is usually clear, both drivers may claim the other drifted or changed lanes improperly.

Identifying who is responsible for the accident may hinge on several things, including:

  • Witness statements or dashcam footage
  • Physical damage location on each vehicle
  • Police report assessments
  • Traffic laws and signage (for instance, merging zones, turn lanes)

In general, the driver who left their lane improperly or failed to yield the right of way will bear responsibility. But if both drivers made unsafe movements, the fault could be shared.

What If You’re Partially to Blame?

All states follow some form of comparative or contributory negligence to determine compensation in cases where both parties share fault.

Florida, for example, follows a modified comparative negligence system with a 51% threshold. If you’re found to be less than 51% at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.

Say you’re 30% at fault because you slightly drifted, but the other driver made a sudden lane change without signaling. Shared fault is one reason why accurate documentation and legal representation matter so much to your claim. Insurance companies will look for any reason to pin more blame on you, reducing what they owe.

If you’re in Florida, keep in mind that Florida’s comparative fault rules apply when you’re seeking damages beyond your PIP coverage. For example, if your injuries meet the serious injury threshold and you file a third-party claim, your compensation from the at-fault driver can still be reduced based on your share of the fault.

What to Do After a Sideswipe Accident

By this point, you’ve likely already received medical attention, or you may currently be undergoing treatment for your injuries. If you haven’t been evaluated by a healthcare provider yet, it’s vital that you do so as soon as possible. Some injuries can take hours or days to present symptoms, and delaying care could not only harm your recovery but also affect your ability to pursue compensation.

If you live in a no-fault insurance state like Florida, your own Personal Injury Protection (PIP) insurance will cover a portion of your medical expenses and lost wages, regardless of who caused the accident. However, to qualify for PIP benefits in Florida, you must seek medical treatment within 14 days of the accident.

In fault states and in situations where your own PIP coverage is not enough to cover your damages, you may need to file a claim against the at-fault driver. In those situations, there are other important actions you should take to protect your legal rights and strengthen your claim.

  • Hire a lawyer: A personal injury attorney can handle the legal legwork, communicate with insurers, and build a strong claim on your behalf.
  • Keep all medical appointments and treatments: Following through with your medical care shows that you’re taking your recovery seriously and provides documentation for your case. Skipping appointments or treatments gives insurers an opening to dispute that your injuries aren’t that serious. 
  • Write or video journal your experiences: Document your pain levels, emotional state, and how the injury is impacting your daily life. This can serve as powerful evidence of your suffering and limitations.
  • Collect and preserve all evidence: Save dashcam footage, take detailed photos, and retain any physical evidence, such as damaged clothing or broken personal items. Give these materials to your lawyer to help strengthen your case.
  • Avoid posting about the accident on social media: Insurance companies may monitor your accounts and use your posts to discredit your claim.

A qualified car accident attorney near you can guide you through these and any other measures you may be able to take to support your claim. 

How Insurance Companies Handle Sideswipe Claims

Insurance adjusters are trained to protect their company’s bottom line. They’ll often challenge fault or claim your injuries aren’t severe. In sideswipe cases, where liability isn’t always black and white, they may delay or deny valid claims.

Unfortunately, many people trust insurance companies to do the right thing and pay them what their case is worth. They may accept the company’s initial settlement without knowing the full scope of their injuries and their potential value. 

  • Offering quick settlements that undervalue your damages
  • Suggesting you were equally or more at fault
  • Arguing your injuries are pre-existing or unrelated
  • Pressuring you to give recorded statements

In Florida, you’ll typically file a claim with your own insurance company under your PIP coverage first. This provides up to $10,000 in benefits for medical costs and partial wage replacement. However, PIP does not cover pain and suffering. To pursue damages beyond what PIP covers, including non-economic damages, you must meet Florida’s “serious injury” threshold, such as a permanent injury or significant and permanent scarring.

Never agree to sign anything or consent to giving a recorded statement without consulting a lawyer first.

Long-Term Consequences of a Sideswipe Accident

Some sideswipe accidents leave behind more than just cosmetic damage or temporary pain. Injuries like concussions, nerve damage, or musculoskeletal trauma may not fully heal, leading to prolonged discomfort, job loss, or diminished quality of life.

Some of the long-term consequences of a serious car accident include:

  • Chronic pain or mobility limitations that interfere with daily routines
  • Post-traumatic stress disorder (PTSD) or heightened driving anxiety
  • Missed work and reduced earning capacity
  • Long-term therapy or rehabilitation expenses
  • Impact on personal relationships or emotional well-being

Even if you were able to walk away from the scene, the hidden costs of a sideswipe injury can add up quickly. That’s why it’s important to take every accident seriously and track your recovery thoroughly.

Types of Compensation Available For Sideswipe Accident Injuries

In no-fault states like Florida, you’re initially limited to compensation through your PIP policy. This includes certain medical bills and lost wages, but not pain and suffering. If your injuries meet the serious injury threshold, you may also be eligible to file a claim against the at-fault driver for additional compensation, including emotional distress and long-term losses.

When pursuing a claim for a sideswipe accident, you may be entitled to various forms of compensation—some economic, some non-economic. Every case is different, but the goal remains the same: to restore what you’ve lost.

Common types of compensation a car accident victim may claim against a negligent driver are:

  • Medical expenses: Ambulance, ER visits, follow-up care, rehab, medications
  • Lost wages: Time missed from work or reduced earning potential
  • Pain and suffering: Physical pain, emotional anguish, lifestyle disruptions
  • Property damage: Repairs or replacement of your vehicle and belongings
  • Future expenses: Ongoing treatment, therapy, or home modifications

In more severe cases, you may also be eligible for compensation for loss of consortium or punitive damages if the other driver acted with extreme recklessness (e.g., DUI or road rage).

How a Personal Injury Lawyer Can Help You

You shouldn’t have to carry the weight of proving your case, especially not when you’re recovering from an injury. An experienced personal injury attorney understands the nuances of sideswipe claims and can manage every part of the process for you.

  • Gather critical evidence like dashcam footage or surveillance videos
  • Interview eyewitnesses and review police reports
  • Calculate and document your full range of damages
  • Negotiate firmly with insurance companies
  • File a lawsuit if the insurer refuses a fair settlement

The legal system can feel frustrating when you’re trying to heal. But the right legal support makes a measurable difference. Statistics show that injured claimants represented by lawyers consistently recover more in settlements and verdicts than those who go it alone.

What If the Other Driver Left the Scene?

If the at-fault driver flees the scene of a sideswipe accident, it may become a hit-and-run case. These are sadly common, especially if the driver was uninsured, intoxicated, or driving without a license.

In hit-and-run situations, your uninsured motorist (UM) coverage may kick in. UM coverage is optional in many states but highly recommended, and often the only recourse in a hit-and-run.

You should still file a police report and contact a lawyer immediately. There may be video footage, witness testimony, or other clues to help track down the responsible party.

What Is the Statute of Limitations for Filing a Claim?

Each state has a deadline known as the statute of limitations for filing a personal injury claim after a car accident. These time limits vary, and they aren’t flexible, so seeking legal guidance as soon as possible after a car accident is imperative to safeguarding your rights.

In Florida, for example, the statute of limitations for most personal injury claims is two years from the date of the accident. If you miss that deadline, you will likely not have another chance to file. 

Don’t wait until your pain worsens or the bills pile up. Consulting with a lawyer soon after the crash helps preserve your rights and strengthens your case.

Frequently Asked Questions (FAQs) About Sideswipe Crashes

How is fault determined in a sideswipe accident?
Fault is usually determined by analyzing driver behavior, vehicle positions, physical damage, police reports, and sometimes traffic cameras. The driver who drifted or changed lanes unsafely is generally at fault.

What if the other driver says I sideswiped them?
This is common in sideswipe crashes. If both drivers claim innocence, evidence like dashcam footage, eyewitness accounts, and police reports can help clarify what actually happened.

Can I file a claim if I wasn’t injured?
Yes, you can still file a property damage claim for vehicle repairs. But keep in mind that some injuries (like soft tissue damage) don’t show up right away, so it’s wise to get a medical evaluation just in case.

What happens if I was sideswiped by a commercial vehicle or truck?
Claims involving commercial vehicles may include the employer or trucking company, which can increase the compensation available. These cases often involve stricter regulations and more complex investigations.

Do I need to call the police for a minor sideswipe accident?
Yes. Even if the damage seems minor, having a police report can be crucial in proving fault and supporting your claim later. Some insurers require a report before processing claims.

Don’t Settle for Less After a Sideswipe—Talk to a Lawyer Who Will Fight for You

Being sideswiped can leave you hurt, anxious, and wondering how you’ll cover the costs. But you don’t have to face the aftermath on your own. The sooner you reach out for help, the better your chances of recovering what you’ve lost.

At Steven A. Bagen & Associates, P.A., we’ve been fighting for Florida’s injured for more than 40 years. Our attorneys understand what’s at stake, and we take the burden off your shoulders so you can focus on healing.

With a 99% success rate, hundreds of millions recovered for Floridian families, and round-the-clock availability, we’re ready to stand up to the insurance companies and fight for the compensation you truly deserve.

Whether you’re in Gainesville, Ocala, Daytona, or anywhere across North Central Florida, our team is here for you. Call (800) 800-2575 for your free case review—or contact us online anytime. If you can’t come to us, we’ll come to you. You don’t pay a dime unless we win.

Let us help you move forward—stronger, safer, and with peace of mind.