Skip to content
USA Info Hub
Driving & transport12 min read · verified

What to do after a car accident

The decisions that determine how a crash is resolved are made in the first thirty minutes, and most of them are about documentation. What to do at the scene, who to report to, and which insurance pays in what order.

Short answer

Stop, check for injuries and call 911 if anyone is hurt or the road is blocked. Exchange names, insurer and policy details, plate and licence numbers, photograph everything including positions and road conditions, and get witness contacts. Report to the police and your own insurer promptly, even if the crash was not your fault.

Almost everything that determines how a crash is resolved happens in the first half hour, and almost none of it is dramatic. It is documentation: photographs of vehicle positions before anything is moved, the other driver's actual insurance details rather than a name and a phone number, the contact details of the person who saw it, and a police report number.

The reason this matters is that the dispute, when there is one, is almost never about the law. It is about which version of events is supported by evidence collected at the scene by two people in shock, one of whom may later remember things differently.

The second thing worth knowing before it happens is that which insurance pays, and in what order, depends heavily on the state. Some states operate no-fault systems in which your own policy pays your medical costs regardless of who caused the crash. Others turn entirely on fault, and some reduce what you recover in proportion to your share of the blame.

The third is that speed matters in a specific direction. Reporting quickly is almost always right; settling quickly is almost always wrong, particularly where anyone was injured, because injuries emerge over days and a signed release cannot be undone.

The first thirty minutes

Stop. Leaving the scene of a collision is a criminal offence in every state, including for minor damage and including when you hit a parked car — in which case leave a note with your name and contact details if the owner cannot be found.

Switch on hazard lights and assess safety. If the vehicles are driveable and the location is dangerous, move them out of the traffic lane, taking photographs of their positions first if it is safe to do so. If they cannot be moved, get yourself and your passengers away from the carriageway rather than standing beside the cars.

Check everyone for injuries and call 911 if anyone is hurt, if the road is blocked, if a driver appears impaired, or if the other driver is uncooperative or has no insurance. A police response also produces the report that later resolves disagreements about what happened.

Exchange information properly: full name, address, telephone number, insurance company and policy number, driving licence number, plate number, and the vehicle's make, model and colour. Photograph the other driver's licence and insurance card rather than writing details down, which removes transcription errors.

Photograph comprehensively and take more than feels necessary — every vehicle from several angles, all plates, the damage to both cars, the wider scene showing lane positions and any skid marks or debris, traffic signals and signs, the road surface, and the weather and light conditions.

Collect witnesses before they leave, which they will do within minutes. A name and a mobile number is enough, and an independent witness is the single most valuable thing available when liability is disputed.

Do not discuss fault, apologise or speculate about what happened, and do not accept a cash offer to keep it off insurance. Apologies are reflexive and are later characterised as admissions, and damage that appears cosmetic frequently is not.

Before leaving, note the time and location precisely, the responding officers' names and badge numbers, and the report or incident number, and ask how and when a copy of the report can be obtained.

Reporting: police, the state and your insurer

Police attendance is not automatic for minor crashes, and in some jurisdictions officers will not attend a non-injury collision on private property or where the vehicles have been moved. If they do not attend, ask whether you can file a report at a station or online.

Most states also require a separate report to the motor vehicle agency when injury, death or property damage above a threshold is involved, sometimes within days. That threshold is a dollar amount set by the state and is low enough that many apparently minor crashes exceed it once repair costs are known.

Obtain a copy of the police report once it is filed, which usually takes several days. Check it for errors — wrong plate numbers, misdescribed directions of travel, an incorrect insurer — because those errors propagate through every claim that follows and are much easier to correct early.

Notify your own insurer promptly regardless of fault and regardless of whether you intend to claim. Policies contain a duty to report, and an insurer told about a crash months later can decline coverage for prejudice to its position — which is a bad outcome for a crash that was not your fault.

Report facts, not conclusions. Describe what happened, the damage, injuries reported and who else was involved. Do not offer legal opinions about fault; adjusters determine liability from evidence, and your speculative assessment against yourself becomes part of the file.

Expect a call from the other driver's insurer. You are not obliged to give them a recorded statement, and it is reasonable to decline politely and direct them to your own insurer, particularly if anyone was injured or liability is contested.

Keep a single file with everything: photographs, the report number, claim numbers, names and direct numbers of every adjuster, dated notes of every conversation, receipts for towing, rental and medical costs, and copies of correspondence. Claims are resolved on the strength of records, not recollection.

Which coverage pays, and in what order

Liability coverage held by the at-fault driver pays for the other party's injuries and property damage. Every state requires drivers to carry it or otherwise demonstrate financial responsibility, and the minimum limits are set by each state — frequently at levels well below the cost of a serious injury.

In no-fault states, personal injury protection on your own policy pays your medical expenses and some lost income regardless of who caused the crash, with the right to sue the other driver limited unless the injuries meet a defined threshold. Medical payments coverage plays a similar, smaller role in other states.

Collision coverage on your own policy pays to repair your vehicle whoever was at fault, subject to your deductible. Comprehensive covers non-collision losses — theft, fire, flood, hail, falling objects and animal strikes — and is why a deer collision is usually a comprehensive claim rather than a collision one.

Uninsured and underinsured motorist coverage steps in when the at-fault driver has no insurance or not enough of it, and in most states also covers hit-and-run. Given how many drivers are uninsured, this is among the most valuable coverages on a policy and among the least understood.

Fault itself is decided under state rules that differ significantly. Comparative negligence systems reduce recovery by your percentage of fault; a minority of states bar recovery entirely if you bear any responsibility at all. This is why casual admissions at the scene matter more than they appear to.

Rental reimbursement pays for a hire car while yours is repaired, and it is optional cover many drivers discover they do not have at the worst moment. If the other driver is at fault, their insurer should cover loss of use, but only once liability is accepted.

If the vehicle is financed or leased, the settlement goes to the lienholder first, and gap insurance covers any shortfall between the payout and the outstanding balance — a real risk on a newer car, which depreciates faster than the loan amortises.

Health insurance interacts with all of this. It may pay medical bills initially and then assert a right to be reimbursed from any settlement, which is a reason to understand the whole picture before agreeing to anything.

Repairs, valuations and total loss

You generally choose the repair shop. Insurers maintain networks of preferred repairers and can recommend them, often with a workmanship guarantee, but in most states they cannot require you to use one. Steering a claimant to a particular shop as though it were compulsory is a complaint worth making.

Expect an initial estimate followed by supplements. Hidden damage found once panels come off is normal, and the shop submits additional charges to the insurer during the repair. A first estimate is a starting figure rather than the cost of the repair.

Parts are a common source of dispute. Policies frequently permit aftermarket or recycled parts rather than manufacturer originals, and whether you can insist on original parts depends on the policy wording and state rules. Ask which parts are specified before work starts.

Betterment charges appear when a repair leaves the vehicle better than it was — new tyres replacing worn ones, for example — and the insurer may ask you to contribute the difference. It is legitimate in principle and worth checking in practice.

A vehicle is declared a total loss when repair costs approach or exceed a proportion of its value, defined by state rules or insurer practice. The settlement is the actual cash value: what the car was worth immediately before the crash, not what you paid or what a replacement costs today.

Valuations are negotiable. Ask for the comparable vehicles the figure is based on, check that they match your car's trim, mileage and condition, and supply your own local listings and records of recent work if the offer is low. Add taxes and registration fees where the state requires them to be included.

Diminished value — the loss in resale value of a repaired car with an accident history — is recoverable from the at-fault party in some states and not others, and rarely from your own insurer. It has to be claimed explicitly and supported with evidence.

If you want to keep a totalled vehicle, most insurers will settle less the salvage value and the title will be branded, which permanently affects value, insurability and in some states requires inspection before it can be driven again.

Injuries, medical bills and settlement offers

Get checked even if you feel fine. Soft tissue injuries, concussion and back injuries commonly present hours or days later, and a same-day medical record is both clinically sensible and the evidence that links a later diagnosis to the crash.

Choose the right setting: emergency care for head injury, loss of consciousness, chest or abdominal pain, severe pain or any suspected fracture; urgent care for lesser injuries. Federal surprise billing protections cover emergency care and air ambulances, but ground ambulance charges are largely outside them and can be substantial.

Understand who pays first. In no-fault states, personal injury protection generally pays initial medical costs; elsewhere, medical payments coverage or your health insurance does, with the at-fault driver's insurer reimbursing later. Keep every bill, referral and receipt, including mileage to appointments where that is claimable.

Do not sign a release in exchange for a quick payment. An early offer arriving before the extent of injury is known is a settlement of everything, and it cannot be reopened when symptoms persist or treatment turns out to be longer than expected.

Every state sets a limitation period for claims arising from a crash, and it differs for property damage and personal injury, and again for claims against a government body — which often carry a much shorter notice requirement measured in months.

Consider a lawyer where injuries are more than minor, where liability is disputed, where a commercial vehicle or government vehicle is involved, or where the insurer's conduct is unreasonable. Personal injury lawyers usually work on a contingency fee, and the first consultation is normally free.

Be aware that health insurers and public programmes frequently assert a right to be reimbursed from a settlement for medical costs they paid. That subrogation claim can consume a large share of an apparently generous offer, which is why the gross figure means little on its own.

Keep your account of the crash off social media entirely. Posts, photographs and check-ins are routinely used by insurers and defence lawyers, and an innocuous holiday photograph taken while a claim is pending is more damaging than it looks.

Special situations and the traps that follow a crash

For a hit and run, report to the police immediately and photograph everything, including any partial plate or vehicle description and the location of any nearby cameras. Your uninsured motorist coverage is generally the route to recovery, and prompt reporting is usually a condition of it.

If the other driver is uninsured, has no valid licence, or gives details that do not check out, treat police involvement as essential rather than optional. Insurance details that fail verification are common enough that confirming them at the scene, by photographing the card, is worth the awkwardness.

Driving for a ride-hailing or delivery platform introduces coverage phases: cover differs depending on whether the app is off, on and waiting, or carrying a passenger or order, and personal auto policies commonly exclude commercial use altogether unless a specific endorsement has been added.

Rental cars, borrowed cars and company cars each raise their own questions about whose policy responds first. In general insurance follows the vehicle before the driver, but the details vary, and rental damage waivers and credit card benefits sit on top of that.

Crashes involving a government vehicle follow a separate claims procedure with its own notice requirements and much shorter deadlines. Do not treat it as an ordinary claim, and get advice early.

Be suspicious of anyone who appears unbidden after a crash — a tow truck that was not called, someone recommending a specific clinic or lawyer at the scene, or an unusually helpful stranger offering to handle everything. Staged collisions and referral rackets are a recognised category of insurance fraud.

If your insurer delays unreasonably, refuses to explain a decision, or makes an offer it will not justify, complain to your state insurance department. It regulates the insurer, takes consumer complaints directly and resolves a meaningful share of disputes without litigation.

For small sums — a deductible the other driver's insurer will not reimburse, or minor damage where nobody was hurt — small claims court is a realistic route, cheap to file and designed to be used without a lawyer.

Key takeaways

  • Stop and document before anything is moved: photographs of vehicle positions, all plates, both drivers' documents, the wider scene and the road conditions decide disputed liability later.
  • Exchange facts and never discuss fault — comparative negligence rules in most states reduce what you recover by your share of blame, and casual apologies are treated as admissions.
  • Tell your own insurer promptly even when the crash was not your fault, because policies impose a duty to report and late notice can jeopardise coverage.
  • Claiming on your own collision coverage is usually faster than waiting for the other driver's insurer, and your insurer recovers the deductible through subrogation.
  • Never sign a release in exchange for a quick payment when anyone was injured — symptoms emerge over days and a settled claim cannot be reopened.

Who to contact

At a glance

Leaving the scene
A criminal offenceStop, even for minor damage
Call 911
If anyone is injuredAlso if the road is blocked or a driver is uncooperative
Photograph
Before moving anythingPositions, damage, plates, road, signs, conditions
Fault
Do not discuss itExchange facts, not conclusions or apologies
Your insurer
Tell them promptlyPolicies require notice even when you are not at fault
No-fault states
Your own policy pays medicalPersonal injury protection, regardless of blame
Repair shop
Usually your choiceInsurers may recommend, not require
Settlement
Never sign quicklyA release cannot be reopened when symptoms appear
Questions people also ask

What to do after a car accident — FAQ

Should I call the police after a minor accident?

Call 911 if anyone is injured, the road is blocked, a driver seems impaired, or the other driver is uncooperative or uninsured. For minor damage the police may not attend, in which case ask whether a report can be filed at a station or online. Most states separately require a report to the motor vehicle agency above a damage threshold.

What information should I exchange after a crash?

Full name, address, phone number, insurance company and policy number, driving licence number, plate number, and the vehicle's make, model and colour. Photograph the other driver's licence and insurance card rather than transcribing them, and collect names and numbers of any witnesses before they leave the scene.

Should I claim on my own insurance if the other driver caused the crash?

Often yes, because it is faster. Your own collision coverage repairs the car subject to your deductible, and your insurer then pursues the other company through subrogation and refunds the deductible when it recovers. The alternative is waiting on another insurer's timetable, sometimes without a rental car while liability is investigated.

What happens if the other driver has no insurance?

Uninsured motorist coverage on your own policy is the usual route, and in most states it also covers hit-and-run. Report to the police immediately, because prompt reporting is generally a condition of the coverage. Suing an uninsured driver personally is possible but frequently pointless, since a judgment is only worth what can be collected.

Who decides where my car gets repaired?

You do, in most states. Insurers maintain networks of preferred shops and may recommend them, sometimes with a workmanship guarantee, but they generally cannot require you to use one. Ask which parts are specified before work begins, since policies often permit aftermarket or recycled parts rather than manufacturer originals.

My car was written off — how is the payout calculated?

As actual cash value: what the vehicle was worth immediately before the crash, not what you paid or what a replacement costs now. Ask for the comparable vehicles used, check they match your trim, mileage and condition, and provide your own listings and service records if the offer is low. Financed vehicles pay the lienholder first.

Should I accept the insurer's first settlement offer?

Not where anyone was injured. Injuries commonly emerge over days, and signing a release settles everything permanently. Get medical assessment first, keep all records, and be aware that health insurers may claim reimbursement from any settlement. Consider a lawyer for anything beyond minor injury, disputed liability or a commercial or government vehicle.

Read next

Sources & provenance

Facts verified

  1. 1.Auto insurance RegulatorNational Association of Insurance CommissionersUsed for: Coverage types, state minimum requirements and no-fault versus at-fault systems
  2. 2.What does auto insurance cover? RegulatorNational Association of Insurance CommissionersUsed for: Liability, collision, comprehensive, medical payments and uninsured motorist cover
  3. 3.How to file a complaint against an insurance company RegulatorNational Association of Insurance CommissionersUsed for: Escalating disputed claim handling to the state regulator
  4. 4.How to file a complaint RegulatorNational Association of Insurance CommissionersUsed for: The consumer complaint process and what regulators can address
  5. 5.State insurance departments RegulatorNational Association of Insurance CommissionersUsed for: State-by-state regulators overseeing claim settlement practices
  6. 6.Sharing economy insurance RegulatorNational Association of Insurance CommissionersUsed for: Coverage phases and gaps when driving for ride-hailing or delivery platforms
  7. 7.How to file an auto insurance claim IndustryInsurance Information InstituteUsed for: Claim sequence, adjusters, estimates, total loss valuation and rental cover
  8. 8.Auto insurance basics IndustryInsurance Information InstituteUsed for: How each coverage responds after a crash, including deductibles and subrogation
  9. 9.Auto insurance IndustryInsurance Information InstituteUsed for: Policy structure, uninsured motorist cover and gap insurance on financed vehicles
  10. 10.State motor vehicle services OfficialUSA.govUsed for: State crash reporting requirements and thresholds
  11. 11.Where to file a complaint about your car OfficialUSA.govUsed for: Complaint routes covering repairs, dealers and vehicle defects after a crash
  12. 12.Legal aid OfficialUSA.govUsed for: Free and low-cost civil legal help, including claims arising from collisions
  13. 13.Small claims OfficialJudicial Council of CaliforniaUsed for: Recovering a deductible or minor property damage without a lawyer, shown in one state's procedure
  14. 14.No Surprises Act RegulatorCenters for Medicare & Medicaid ServicesUsed for: Billing protections for emergency care and air ambulances, and the ground ambulance gap
  15. 15.Getting emergency care OfficialHealthCare.govUsed for: Emergency care coverage rules following injury
  16. 16.Insurance Institute for Highway Safety ResearchIIHSUsed for: Crash and injury research, including delayed-onset injury and vehicle damageability

Not a source — AI-assisted analysis on this page

  • AI-assisted analysis — the faster route through your own insurerThe argument that claiming on your own collision coverage is usually faster than waiting for the at-fault driver's insurer, and that the common reasons for avoiding it do not survive examination, is our analysis. Subrogation, deductible recovery and the distinction between at-fault and not-at-fault claims are documented by the insurance sources cited; the recommendation and the trade-off described are ours rather than published guidance. Individual policies and state rules differ, and nothing here should be treated as a prediction about a specific insurer's renewal decision.

Coverage types, no-fault and at-fault systems, uninsured motorist protection, claim handling and the state complaint route come from the National Association of Insurance Commissioners, through which state insurance regulators publish consumer guidance. Claim sequence, estimates, total loss valuation, subrogation and rental cover come from the Insurance Information Institute, an industry body rather than a regulator, and are labelled as such. Crash reporting requirements come from USA.gov's state directory, legal help from USA.gov and a state court self-help service cited as a representative example, and medical billing protections from CMS and HealthCare.gov. No minimum liability limits, reporting thresholds, limitation periods, total loss percentages, deductibles or fee levels are quoted here, because each is set by state law or by an individual policy and revised over time — check your own policy, your state insurance department and your state motor vehicle agency. One passage is marked as AI-assisted analysis. Nothing here is legal advice, and anyone seriously injured or facing a disputed liability claim should speak to a lawyer.

Facts on this page are taken from the sources listed above — U.S. federal agencies, state governments, regulators and official statistical releases. Comparisons, judgments and "which option suits whom" conclusions are AI-assisted analysis written over those sources; they are marked in the text and listed as an AI-analysis entry in the sources, not attributed to any authority. Rates, thresholds, fees and processing times change, often at the start of a calendar or tax year; figures are current as of the review date shown and should be confirmed with the responsible agency before you rely on them. A great deal of American law is state law — where a rule differs by state, this site says so.