Accident With a Wrong-Way Driver: How Much Can I Claim From Insurance?
Wrong-way driving accidents are among the most dangerous types of roadway crashes. These collisions are often high-speed, head-on impacts that leave devastating consequences for victims and their families. In California alone, around 43 people are killed each year in wrong-way crashes.
Because of the severity of these accidents, many victims and their loved ones ask: How much can I claim from insurance after a wrong-way incident? The answer depends on several factors, including liability, the type of damages, and the availability of insurance coverage. Keep reading to learn how claims work, what compensation may be available, and the steps you can take to protect your rights.
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What Is A Wrong-Way Accident?
A wrong-way accident happens when a vehicle travels against the legal flow of traffic and collides with another vehicle that’s going the right direction. Imagine driving home late at night on the freeway, and suddenly, headlights appear straight ahead of you. That terrifying moment is exactly how many wrong-way crashes begin.
These collisions are usually head-on— the most violent type of crash. Even at moderate speeds, the combined impact force is devastating. That’s why wrong-way accidents tend to cause catastrophic injuries or fatalities, compared to other types of car accidents.
Common Causes of Wrong-Way Crashes
Wrong-way accidents don’t just “happen.” They are almost always caused by human error or negligence:
- Driving under the influence (DUI): Studies show more than 60% of wrong-way crashes involve alcohol or drugs. Impaired drivers are more likely to confuse exits and entrances or drift into oncoming lanes.
- Distracted driving: A driver looking at their phone or GPS can easily miss a “Do Not Enter” or “Wrong Way” sign.
- Fatigue or drowsiness: Tired drivers have reduced reaction time and poor judgment, making them more prone to driving the wrong way.
- Confusing or missing road signage: Poorly marked ramps or faded signage can lead drivers, especially tourists or out-of-town visitors, in the wrong direction.
- Older drivers: Seniors with impaired vision or slower reflexes are statistically more likely to be involved in wrong-way crashes.
These collisions are often head-on and involve speeds that usually lead to traumatic brain injuries (TBI), spinal cord injuries, broken bones, internal bleeding, long-term disability or disfigurement, and fatalities.
Medical treatment is expensive, recovery is long, and many victims are left unable to work — factors that make insurance claims for wrong-way accidents particularly high.
Who Pays After An Accident With A Wrong-Way Driver?
In most cases, the wrong-way driver is clearly at fault. However, insurance companies may still require solid evidence before paying out. Liability is typically proven using police accident reports, witness statements, dashcam or surveillance footage, toxicology reports (if DUI is suspected) and expert accident reconstruction. The at-fault driver’s liability insurance is the first place victims look for compensation. But there’s a catch: if the driver’s insurance policy limit is too low, it may not fully cover your losses.
If the wrong driver hasn’t been found or their coverage is not enough, these victims’ own insurance options may apply:
- Uninsured|Underinsured Motorist Coverage (UM/UIM): If the wrong-way driver has no insurance or too little coverage, your UM/UIM coverage can step in.
- MedPay: Covers your immediate medical bills, no matter who was at fault. It’s especially useful if you need emergency care while liability is still being investigated.
When can both parties share coverage?
There are situations where both the at-fault driver’s insurance and your own insurance apply:
- When damages exceed the at-fault driver’s policy limits
- If fault is disputed (for example, confusing road signage contributed to the accident)
- If multiple vehicles are involved
- If the government or a road authority could share liability due to poor signage or unsafe road design.
How Much Can I Claim From Insurance?
Determining how much you can claim from insurance after an accident with a wrong-way driver depends on several key factors. The first consideration is the type and severity of your injuries. Minor injuries, like bruises or small cuts, generally result in lower settlements, while serious injuries such as traumatic brain injuries, spinal cord damage, or permanent disabilities can dramatically increase the claim’s value.
Insurance companies also consider the medical expenses you’ve already incurred as well as the anticipated future costs for ongoing treatment, therapy, or long-term care. Lost wages, diminished earning capacity, and property damage — like vehicle repair or replacement – are also included in the total calculation. In addition to these economic damages, victims can claim non-economic damages, which compensate for pain and suffering, emotional trauma, and the overall impact the accident has had on their daily lives.
Factors that influence settlement value
If you are wondering how much can I claim from insurance? It’s important to understand your case and the impact of the accident on your life. Several factors can affect the final amount of your insurance settlement after a wrong-way accident:
- Severity and permanence of your injuries.
- Insurance policy limits — both of the at-fault driver and your own coverage.
- Liability and fault. If the accident is clear-cut and the other driver was entirely responsible, the claim is stronger. But if liability is disputed or there is shared fault, the settlement may be reduced.
- Documentation. Medical records, police reports, witness statements, and photographic evidence all strengthen your case.
- Your lawyer experience and negotiation skills.
Settlement values are shaped by a combination of medical, legal and personal factors, making professional guidance essential to ensure compensation.
Steps to Take After a Wrong-Way Driver Accident
Taking the right steps immediately after the crash can protect both your health and your claim:
- Call 911 and the police. Ensure a police report is created — it is important for your case.
- Seek medical care right away. Even if you feel fine, some injuries (like brain injuries or internal bleeding) may show symptoms hours later.
- Collect evidence. Take photos of the scene, cars, injuries, and road signage. Get contact info from witnesses. Save dashcam footage.
- Consult a personal injury attorney quickly. A car accident lawyer will know how to deal with insurance adjusters, calculate the true value of your damages, and, if needed, file a lawsuit.
- Notify your insurance company. With the help of your lawyer, report the accident to your insurance company; remember to avoid making recorded statements.
- Track your expenses. Keep receipts for medical bills, prescriptions, repair invoices, and proof of lost wages.
Seek Justice and Fair Compensation
Wrong-way collisions are devastating, often changing lives in seconds. Victims face serious injuries, long recoveries, and overwhelming medical costs. While insurance is supposed to help, getting the full amount you deserve is never simple.
At RTM Law, APC, we fight for victims of wrong-way driver accidents. Our team investigates thoroughly to prove fault, calculates your damages accurately — including future needs, negotiates with insurance companies that try to minimize your case and represents you in court if necessary.
If you or a loved one has been injured in an accident with a wrong-way driver, don’t settle for less. Contact RTM Law Firm today for a free consultation. Hablamos español.
Do you need compassionate support and effective representation?
No fees until we win. Available 24/7.
