What happens when ready after a car accident
The first thing to do after a collision is check for injuries and call emergency services if anyone is hurt. Move vehicles out of traffic if it is safe to do so—if you cannot move them or the road is dangerous, stay inside with seatbelts on and wait for police. Turn on hazard lights and set up warning triangles or flares if you have them.
Once everyone is safe, call the police non-emergency line (or 911 if there are injuries or significant damage). In most states, you are required to report accidents that cause injury or property damage above a certain threshold—usually $500 to $1,500, though this varies by state. Get the police report number before you leave the scene; you will need it for your insurance claim.
Do not admit fault or apologize for the accident, even if you think you caused it. Statements made at the scene can be used against you later. Stick to the facts: what happened, when, and where. Let the police and insurance companies determine who was at fault.
Key Takeaways
- Call police and get a report number at the scene; most insurance claims require this documentation.
- Collect the other driver's name, phone number, address, driver's license number, license plate, vehicle identification number (VIN), and insurance company and policy number before you leave.
- Take photos of vehicle damage, the accident scene, road conditions, and traffic signs from multiple angles while you are still there.
- Write down the names and contact information of any witnesses who saw the accident happen.
- Do not discuss the accident on social media or with anyone except your insurance company and your doctor.
Information to collect at the scene
Before you leave the accident scene, get the other driver's full name, phone number, home address, date of birth, driver's license number, and the state that issued it. Also record their vehicle's make, model, year, color, license plate number, and VIN (found on the dashboard or door jamb). Ask for their insurance company name and policy number—this is what your insurer will contact to discuss the claim.
If there are passengers in the other vehicle, get their names and contact information too. Write down the names, phone numbers, and addresses of any witnesses who saw the accident—not just passengers, but pedestrians, nearby shopkeepers, or other drivers. Witnesses are often crucial if the other driver later disputes what happened.
Take photos of all vehicle damage from multiple angles, including close-ups of dents, broken glass, and contact points. Photograph the accident scene itself: the road, traffic signals, lane markings, skid marks, and weather conditions. These images become part of your claim file and help the insurance company understand how the accident occurred.
Reporting the accident to your insurance company
Contact your insurance company as soon as possible—most policies require you to report accidents promptly, often within 24 to 48 hours. Have your policy number, the police report number, and the other driver's insurance information ready. Your insurer will ask you to describe what happened, where, when, and whether anyone was injured.
Provide factual information only. Describe the sequence of events: what you were doing, what the other driver did, and what happened as a result. Do not speculate about why the other driver acted that way or whether they were distracted. Stick to what you saw and heard.
Your insurance company will assign a claims adjuster to your case. This person will contact the other driver's insurer, review the police report, examine your vehicle, and determine fault based on your state's laws. The adjuster will also contact witnesses and may request medical records if anyone was injured.
How fault is determined in accident claims
Fault is determined by comparing what happened to your state's traffic laws and rules of the road. If the other driver ran a red light and hit you, they are at fault. If you were speeding and lost control, you are at fault. If both drivers share responsibility—for example, one was speeding and the other failed to yield—your state's laws determine how fault is split.
Some states use comparative negligence, which means both drivers can be partially at fault. In these states, your recovery is reduced by your percentage of fault. If you are 20% at fault and your damages are $10,000, you would receive $8,000. Other states use contributory negligence, which bars you from recovery if you are found to be any percentage at fault—this is much stricter and applies in only a few states.
The police report is important evidence, but it is not the final word on fault. The insurance adjuster will weigh the report against photos, witness statements, vehicle damage patterns, and the laws of your state. If you disagree with the fault information, you can dispute it with your insurer or pursue a claim in small claims court or civil court.
Medical treatment and injury documentation
Seek medical attention even if you do not feel injured when ready. Some injuries—whiplash, internal bruising, concussions—do not show symptoms right away. A medical record created soon after the accident documents your injuries and links them to the accident, which is essential if you later file a claim for medical expenses or lost wages.
Keep all medical records, bills, and receipts related to the accident. This includes emergency room visits, doctor appointments, physical therapy, prescription medications, and any medical equipment you had to purchase. Your insurance company will review these to determine what medical expenses they will cover under your policy.
If you miss work because of injuries, keep records of the dates you were absent and any lost income. Some insurance policies cover lost wages as part of the claim. Document your recovery process: how long you were unable to work, when you returned, and whether you had restrictions on your activities.
Vehicle repair and damage assessment
Do not repair your vehicle until your insurance company has inspected it, unless the damage makes the car unsafe to drive. Your insurer needs to see the damage to assess the cost of repairs and determine whether the vehicle should be declared a total loss.
Get repair estimates from at least two body shops. Your insurance company may have preferred repair shops, but you have the right to choose your own. If the estimates differ significantly, the insurer may send their own adjuster to inspect the vehicle. Once the claim is approved, you can proceed with repairs at the shop of your choice.
If your vehicle is declared a total loss—meaning the cost to repair it exceeds a certain percentage of its value (usually 70% to 80%, depending on your state)—your insurance company will pay you the actual cash value of the vehicle. This is what a similar vehicle in similar condition would sell for in your area, not what you paid for it or what you still owe on a loan.
What to do if the other driver is uninsured or underinsured
If the other driver has no insurance or their coverage limits are too low to pay for your damages, you may be able to file a claim under your own uninsured motorist or underinsured motorist coverage. These are optional add-ons to your policy that protect you when the at-fault driver cannot pay.
Uninsured motorist coverage pays for your medical expenses and lost wages if you are hit by a driver with no insurance. Underinsured motorist coverage kicks in when the other driver's coverage limits are lower than your damages. Both have limits—often $25,000 to $100,000 per person—and you pay a deductible just as you would with collision coverage.
If you do not have these coverages and the other driver is uninsured, you can pursue a lawsuit against them in small claims court or civil court to recover your damages. However, collecting a judgment from an uninsured driver is often difficult. This is why insurance companies recommend carrying uninsured motorist coverage, especially if you live in an area with high rates of uninsured drivers.
Frequently Asked Questions
Do I have to use my insurance company's repair shop?
No. You can choose any licensed repair shop you trust. Your insurance company may have preferred shops that offer discounts or guarantees, but you are not required to use them. Get estimates from multiple shops and compare quality and price before deciding.
What if I disagree with the insurance company's fault information?
You can dispute it by submitting additional evidence—photos, witness statements, or a police report—to your claims adjuster. If the adjuster does not change their decision, you can file a complaint with your state's insurance commissioner or pursue the claim in court. Some policies also allow you to use arbitration or mediation to resolve disputes.
How long does an accident claim usually take?
straightforward claims with clear fault and minor damage may be resolved in two to four weeks. Complex claims involving multiple vehicles, injuries, or disputed fault can take several months. Your claims adjuster will give you a timeline based on the specifics of your case.
Can I be sued personally after an accident even if I have insurance?
Yes. If your insurance coverage limits are lower than the damages you caused, the other party can sue you for the difference. This is why carrying adequate liability coverage is important. Your homeowner's or renter's insurance may also provide additional protection through an umbrella policy.
What should I do if the other driver leaves the scene?
This is a hit-and-run. Call police when ready and provide any information you have: the other vehicle's color, make, model, partial license plate, or direction of travel. File a police report and then contact your insurance company. If you have collision coverage, you can file a claim for your vehicle damage, though you will pay your deductible.