A clear, step-by-step guide for what to do immediately after a car accident, covering safety, documentation, insurance reporting, and protecting your legal rights.
Last updated:
0 of 22 completed0%
Copied!
Immediate Safety
Check yourself and all passengers for injuries
Adrenaline can mask pain for 30-60 minutes after a collision. Check for headache, neck stiffness, numbness, or dizziness — these can indicate whiplash or concussion even without visible injury.
Call 911 if anyone is injured or the road is blocked
In most states, you're legally required to call police for any accident with injuries or property damage over $500-1,000 (varies by state). A police report costs $5-15 and is critical for insurance claims.
Turn on hazard lights and set up reflective triangles or flares if safe to do so
Place triangles 50-100 feet behind your vehicle to warn approaching traffic. Secondary collisions at accident scenes injure thousands of people yearly. If the car is drivable, move it to the shoulder first.
Move to a safe location away from traffic if possible
If the accident is minor and cars are drivable, most states allow (and some require) moving vehicles to the shoulder or a nearby parking lot. Standing in the road is the most dangerous thing you can do at an accident scene.
Information Exchange
Exchange names, phone numbers, and addresses with the other driver
Get information from the driver, not just the car owner — they may be different people. Write everything down or use your phone's notes app. Never rely on verbal exchange alone.
Record the other driver's license number, insurance company, and policy number
Photograph the other driver's license and insurance card with your phone. This prevents errors from copying numbers by hand. If they claim to not have insurance, note their plate number and call police.
Note the make, model, color, and license plate of all involved vehicles
In multi-car accidents, drivers sometimes leave before information is exchanged. Photograph all vehicles and license plates immediately. Get contact information from every driver involved, not just the one you collided with.
Get names and phone numbers from any witnesses
Witness testimony often determines fault in disputed claims. Witnesses tend to leave quickly — approach them within the first 5 minutes. Even a single witness statement can change the outcome of a $10,000+ claim.
Documentation at the Scene
Photograph all vehicle damage from multiple angles
Take 20-30 photos: wide shots showing both cars, close-ups of each dent/scratch, and interior damage. Include the license plates in at least 2 photos. These photos are your strongest evidence for insurance claims.
Photograph the entire accident scene including road conditions and traffic signs
Capture skid marks, debris, traffic lights, stop signs, and road conditions (wet, icy, potholes). Take photos from the perspective of each driver's approach. Road evidence disappears within hours as traffic passes through.
Write down what happened while details are fresh in your memory
Note the time, date, weather, light conditions, speed, and direction of travel. Record what you saw and did, but do not admit fault or speculate about cause. Memory fades quickly — write it down within 1 hour.
Note the police officer's name, badge number, and report number
The police report typically takes 3-10 business days to be available. You'll need the report number to request a copy ($5-15). Some departments now offer online report access within 48 hours.
Do not admit fault or apologize at the scene
Even saying "I'm sorry" can be used as an admission of fault. Stick to factual statements: "Are you okay?" and "We should exchange information." Let the insurance companies and police determine fault based on evidence.
Insurance and Medical Steps
Report the accident to your insurance company within 24 hours
Most policies require "prompt" reporting, typically within 24-72 hours. Delayed reporting can give the insurer grounds to deny coverage. Call even if the accident wasn't your fault — your insurer needs to know.
File a claim with the at-fault driver's insurance if you're not at fault
You can file claims with both insurers simultaneously. Filing with the at-fault driver's insurer means no deductible for you. If they dispute fault, use your own collision coverage (pay deductible, get reimbursed later).
See a doctor within 72 hours even if you feel fine
Whiplash and soft tissue injuries often don't show symptoms for 24-72 hours. A medical exam creates a record linking your injuries to the accident. Waiting more than 2 weeks gives insurers grounds to claim injuries are unrelated.
Keep all receipts for medical treatment, rental cars, and towing
Every expense related to the accident is potentially reimbursable: towing ($100-300), rental car ($30-60/day), medical co-pays, prescription costs, and even mileage to doctor visits ($0.67/mile). Save every receipt.
Get at least 2 repair estimates before authorizing work
Insurance companies may send you to their preferred shop, but you have the right to choose your own in all 50 states. Independent estimates average 10-20% higher than insurer estimates. Use the higher estimate as your negotiation baseline.
Follow-Up Actions
Obtain a copy of the police report when available
Review the report for accuracy. If the officer's account doesn't match what happened, most departments allow you to submit a written correction or addendum within 30-60 days.
Track all communication with insurance adjusters in writing
Follow up every phone call with a confirmation email summarizing what was discussed. Insurance adjusters handle 100+ claims at once — written records prevent miscommunication and serve as evidence if there's a dispute.
Do not accept the first settlement offer without reviewing it
First offers from the at-fault insurer are typically 20-40% below fair value. You have the right to negotiate. For claims over $10,000, consulting a personal injury attorney (free initial consultation, no upfront cost) can increase your settlement by 30-50%.
Know your state's statute of limitations for filing a lawsuit
Statutes of limitations range from 1-6 years depending on the state and type of claim (property damage vs. personal injury). Missing the deadline means permanently losing the right to sue, regardless of fault.
Frequently Asked Questions
Should I call 911 after a minor car accident?
Yes, in most states you are legally required to call the police if there are injuries, deaths, or property damage exceeding a threshold (typically $500-$2,500 depending on the state). Even for minor fender-benders, a police report creates an official record that protects you during insurance claims. Without a police report, the other party can change their story later or file a fraudulent injury claim weeks after the accident. In hit-and-run situations, a police report filed within 24 hours is usually required for your insurance to cover the damage.
How long do I have to file an insurance claim after a car accident?
Most insurance policies require prompt notification, typically within 24-72 hours of the accident. The statute of limitations for filing a formal claim varies by state: 1 year in Louisiana and Tennessee, 2 years in most states, and up to 6 years in Maine. However, waiting weeks or months weakens your claim significantly since physical evidence fades, witnesses become harder to locate, and delayed medical treatment raises questions about whether injuries are accident-related. File the claim the same day or the next business day for the strongest position.
What if the other driver does not have insurance?
About 14% of drivers nationally are uninsured, with rates above 25% in some states (Mississippi, New Mexico, Michigan). Your uninsured/underinsured motorist (UM/UIM) coverage pays for your injuries and vehicle damage when the at-fault driver has no insurance or insufficient coverage. Without UM/UIM, you would need to sue the uninsured driver personally, which rarely recovers the full amount since uninsured drivers often lack assets. UM/UIM costs only $20-$50 per 6-month policy period and is one of the most undervalued coverage types.
Will my insurance rates go up after an accident that was not my fault?
In most states, your rates should not increase after a not-at-fault accident. California, Oklahoma, and 10 other states have laws explicitly prohibiting rate increases for not-at-fault claims. However, in states without such protections, some insurers do factor not-at-fault claims into pricing models. Filing a claim against the other drivers insurance (a third-party claim) rather than your own keeps the incident off your claims history entirely. If you do file with your own insurer, the claim stays on your CLUE report for 5-7 years.
How long does it take to settle a car accident insurance claim?
Property damage claims for minor accidents typically settle in 2-4 weeks. Claims involving injuries take 3-12 months on average, and complex cases with disputed fault or significant injuries can extend to 18-24 months. Most states require insurance companies to acknowledge claims within 15 days, make a decision within 30-45 days, and issue payment within 5-30 days of settlement. If you reach maximum medical improvement and have clear documentation, counter the first offer (usually 20-40% below fair value) with a demand letter supported by medical bills, lost wages, and comparable case settlements.