What to Do After a Car Accident

The minutes after a crash are stressful, and the choices you make then can shape your health and any insurance or injury claim that follows. Here is what to do, in the order it usually matters.

At the scene

1. Stop. Leaving the scene of a crash that involves injury or property damage is a crime in every state. If you hit an unattended car, leave a note with your contact details.
2. Check for injuries and call 911 if anyone is hurt, if a driver seems impaired, or if traffic is blocked. Police reports are often required when someone is injured or damage passes a state dollar threshold.
3. Get out of traffic. If the cars can be moved and no one is hurt, pull to the shoulder and turn on your hazard lights.
4. Exchange information with every driver: name, phone, driver's license number, license plate, insurance company and policy number. Note the make, model and color of each vehicle.
5. Photograph everything: vehicle damage, plates, skid marks, traffic signals, road conditions and any visible injuries.
6. Get witness names and numbers. Independent witnesses carry weight when drivers disagree about what happened.
7. Be polite but careful. Apologizing or guessing about fault can be used later. Stick to facts with the police and the other driver.

In the next few days

• See a doctor, even if you feel fine. Whiplash, concussions and other injuries often show symptoms hours or days later, and a gap in treatment is one of the first things an insurer points to. See what to do after whiplash.
• Notify your insurer promptly. Most policies require prompt notice. You can report the facts without giving a recorded statement to the other driver's insurer.
• Get the police report number and request a copy once it is available.
• Start a file: medical bills, repair estimates, rental car receipts, pay stubs showing missed work, and a short daily note on pain and limits.

Who pays?

That depends on whether your state uses a fault system or a no-fault system, and on what coverage each driver carries. The short version is covered in who pays when an accident is not your fault. If you were partly at fault, your state's comparative negligence rule decides whether you can still recover and how much your award is reduced; see your state's page under state laws.

Mistakes that weaken a claim

• Posting about the crash or your injuries on social media.
• Signing a release or accepting a quick settlement check before your treatment is finished. A release usually ends the claim for good.
• Missing the deadline. Every state has a statute of limitations for injury lawsuits, commonly two or three years but as short as one year in some states (Nolo). Claims against a city or state agency can require written notice within a few months.

When to call a lawyer

Talk to a personal injury lawyer if anyone was seriously hurt, fault is disputed, a commercial vehicle or rideshare was involved, or the insurer is delaying or offering less than your bills. Most injury lawyers offer a free consultation and work on a contingency fee. Our free car accident checklist lists everything to collect at the scene and afterward.

Sources

1. Insurance Information Institute: Knowing what to do after an auto accident
2. AARP: What to do after a car accident
3. Cornell Law School LII: Negligence
4. Nolo: Statute of limitations state laws chart