What to Do After a Car Accident: A Step-by-Step Guide
This guide is general information, not legal advice. Laws differ from state to state and change over time. For advice about your situation, talk to a licensed lawyer in your state.
A car accident is stressful, and it is easy to forget important steps when you are shaken up. What you do in the first minutes, days and weeks can affect your health, your insurance claim and any injury case you may have later. This guide walks through the steps in order.
At the scene
1. Check for injuries and get to safety
Check yourself and your passengers first. If anyone is hurt, call 911 right away. If the cars can be moved and no one is seriously injured, move them out of traffic and turn on your hazard lights. If a car cannot be moved, stay in a safe place away from the road.
2. Call the police
Even in a minor crash, a police report creates an official record of what happened. Many states require you to report accidents that involve injuries or property damage above a set amount. When the officer arrives, describe the facts calmly. Ask how you can get a copy of the report and write down the report number.
3. Exchange information
Get the following from every driver involved:
- Full name and phone number
- Driver’s license number
- Insurance company and policy number
- Vehicle make, model, color and license plate
Also get the names and phone numbers of any witnesses. Witnesses often leave quickly, and their account can matter later.
4. Document everything
Use your phone to take photos of all vehicles from several angles, the damage, the road, traffic signs and signals, skid marks, weather conditions and any visible injuries. Note the exact location and time.
5. Be careful what you say
Be polite, but do not apologize or say the accident was your fault, even casually. Fault is often not clear at the scene, and what you say can be used later by an insurance company.
In the days after
6. Get medical care, even if you feel fine
Some injuries, such as whiplash, concussions and internal injuries, may not cause symptoms for hours or days. See a doctor as soon as possible. Medical records made soon after the crash also link your injuries to the accident, which is important for any claim.
7. Notify your insurance company
Most policies require you to report an accident promptly. Give your insurer the basic facts. You do not have to give a recorded statement to the other driver’s insurance company, and it is often wise to talk to a lawyer before you do.
8. Keep records
Start a folder for everything related to the accident: the police report, medical bills and records, repair estimates, rental car receipts, pay stubs showing missed work, and notes about your pain and how the injuries affect your daily life.
9. Be careful with early settlement offers
An insurance company may offer a quick settlement. Once you accept and sign a release, you usually cannot ask for more money later, even if your injuries turn out to be worse than you thought. Make sure you understand the full extent of your injuries before you settle.
When to talk to a personal injury lawyer
You may not need a lawyer for a small fender-bender with no injuries. It is worth talking to one if:
- You or a passenger were injured, especially if you needed hospital care or missed work
- Fault is disputed, or more than two vehicles were involved
- The other driver was uninsured or underinsured
- The insurance company is delaying, denying or lowballing your claim
- A commercial truck, rideshare vehicle or government vehicle was involved
Most personal injury lawyers offer a free first consultation and work on a contingency fee, which means they are paid a percentage of what you recover and nothing if you do not recover anything.
Do not wait too long
Every state has a deadline, called the statute of limitations, for filing an injury lawsuit. In many states it is two or three years from the date of the accident, but it can be shorter, and claims against government agencies often have much earlier notice deadlines. Talking to a lawyer early protects your options.
Find a Personal Injury lawyer near you
Browse Personal Injury lawyers on NearLawyers, or choose your state to see lawyers grouped by city. You can also search by legal issue and location from the home page. Searching and contacting lawyers through NearLawyers is free.
