Being hit by another driver is stressful, even when it is obvious the crash was not your fault. The steps you take in the first hours and days make a real difference to your recovery and to how much compensation you can get from the at-fault driver’s insurance company. This guide walks you through what to do at the scene, what to do afterwards, and how to deal with insurers without hurting your claim.
If you want background first, read our guide on what a car accident lawyer does.
Table of Contents
Key Takeaways
- Make sure everyone is safe, call 911 if anyone is hurt, and report the crash to the police.
- Collect evidence at the scene: photos, the other driver’s details, and witness contact information.
- See a doctor within a day or two, even if you feel fine.
- Notify your own insurer, but be careful what you say to the other driver’s insurer.
- Keep every bill, receipt and record, and know your state’s filing deadline.
Step 1: Make the Scene Safe
Your first job is safety. If you can, turn on your hazard lights and move the vehicles out of traffic. If a car cannot be moved or anyone is hurt, leave it where it is, stay in a safe spot away from traffic and call 911. Check on passengers and the other driver, but do not move someone who may have a neck or back injury unless they are in immediate danger, such as from fire.
Step 2: Call the Police and Get a Report
In most states you must report any crash that causes injury, death or property damage over a certain amount. Even for minor crashes, a police report is valuable because it records the officer’s observations, any statements made at the scene, any traffic tickets issued, and the names of witnesses. Ask the officer for the report number and how to get a copy. Our step-by-step guide explains how to get a police report for a car accident.
When you speak to the officer, stick to the facts: where you were going, what you saw, and what happened. Do not guess about speeds or distances, and never say “I’m sorry,” which can later be twisted into an admission of fault.
Step 3: Gather Evidence While It Is Fresh
Evidence disappears quickly. Skid marks fade, cars are repaired and witnesses forget. If you are physically able, collect the following before you leave:
- Photos and video: all vehicles from several angles, license plates, damage, road conditions, traffic signs and signals, and any visible injuries.
- The other driver’s details: name, phone number, address, driver’s license number, insurance company and policy number, and vehicle make, model and plate.
- Witnesses: names and phone numbers of anyone who saw the crash. Independent witnesses are especially persuasive.
- Location details: the exact address or intersection, the time, and the weather.
- Cameras: note any nearby businesses, traffic cameras or doorbell cameras that may have recorded the crash. Footage is often deleted within days, so ask quickly.
If the other driver admits fault, write down exactly what they said and when. If they refuse to share insurance information or leave the scene, tell the police immediately.
Step 4: Get Medical Care Right Away
Adrenaline can hide pain for hours or even days. Common crash injuries such as whiplash, concussions and soft tissue damage often do not show symptoms right away. See a doctor, urgent care clinic or emergency room within 24 to 72 hours, even if you feel fine.
Prompt treatment protects your health and your claim. Insurance companies often argue that a gap between the accident and your first doctor’s visit proves the injury was minor or was caused by something else. Follow your doctor’s treatment plan, attend every appointment and keep copies of all medical records and bills.
Step 5: Notify Your Insurance Company
Most policies require you to report an accident promptly, even if you were not at fault. Give your insurer the basic facts and the police report number. Depending on your coverage and your state, your own policy may pay for some costs right away, such as medical bills under personal injury protection (PIP) or medical payments coverage, or repairs under collision coverage. Your insurer can then seek repayment from the at-fault driver’s insurer.
In the twelve no-fault states, including Florida, Michigan, New York and New Jersey, your own PIP coverage pays your medical expenses first, no matter who caused the crash. You can usually only sue the at-fault driver if your injuries pass a legal threshold, such as a serious or permanent injury.
Step 6: Be Careful With the Other Driver’s Insurer
Soon after the crash, you may get a friendly call from the other driver’s insurance adjuster. Remember that the adjuster’s job is to pay as little as possible. You can give basic information such as your name and the date and location of the crash, but you are generally not required to:
- Give a recorded statement.
- Sign a medical records release that lets them see your entire medical history.
- Discuss the details of your injuries before you know how serious they are.
- Accept a quick settlement offer.
Once you sign a settlement and release, you usually cannot ask for more money later, even if your injuries turn out to be worse than expected.
Step 7: Keep a Record of Every Loss
Compensation in a car accident claim is based on your actual losses. Start a folder, paper or digital, and keep:
| Type of loss | What to keep |
|---|---|
| Medical expenses | Bills, receipts, prescriptions, mileage to appointments |
| Lost income | Pay stubs, a letter from your employer, missed days |
| Property damage | Repair estimates, rental car receipts, photos |
| Pain and suffering | A short daily journal of pain, sleep and activities you missed |
| Other costs | Childcare, household help, travel |
Step 8: Watch Your Social Media
Insurance companies routinely check claimants’ social media. A photo of you smiling at a family event can be used to argue you are not really hurt. Avoid posting about the accident, your injuries or your activities until your claim is resolved, and consider making your accounts private.
Step 9: Know the Deadline to File
Every state has a statute of limitations for injury claims, usually between one and six years, and most commonly two or three years. Claims against a city, county or state agency often require a written notice within just a few months. Missing the deadline usually means losing your right to compensation, so check our state-by-state statute of limitations table.
Step 10: Decide Whether You Need a Lawyer
You may be able to handle a minor property-damage claim yourself. It is worth talking to a lawyer if:
- You were seriously injured or missed significant time from work.
- The other driver or their insurer is disputing fault.
- The other driver was uninsured, underinsured or fled the scene.
- A commercial truck, rideshare vehicle or government vehicle was involved.
- The insurer is offering less than your bills.
Most personal injury lawyers offer a free first consultation and work on a contingency fee, which means they are paid a percentage of what they recover and nothing if you lose. When you are ready, our guide on how to file a personal injury claim explains the process step by step.
What If the Other Driver Says It Was Your Fault?
Fault disputes are common. Fault is decided by the evidence, not by who argues hardest. Police reports, photos, witness statements, traffic camera footage and the damage pattern on the vehicles all help show what happened. In a rear-end collision, for example, the following driver is usually presumed to be at fault. If the other side disputes fault, avoid arguing with them directly and let your insurer or lawyer handle it.
Bottom Line
When an accident is not your fault, you have the right to be compensated for your injuries and losses. Stay safe, report the crash, gather evidence, get checked by a doctor, and be cautious with the other driver’s insurer. Keep records of everything and keep an eye on the filing deadline. Taking these steps early makes it much easier to get a fair settlement.
Frequently Asked Questions
Do I have to call the police if the accident wasn’t my fault?
Most states require you to report a crash that causes injury, death, or property damage above a set dollar amount. Even when it is not required, a police report is one of the best pieces of evidence that the other driver caused the accident.
Will my insurance rates go up if I wasn’t at fault?
In many states insurers are not allowed to raise your premium for a crash you did not cause, but the rules vary. Ask your insurer how a not-at-fault claim is treated before you assume either way.
Should I accept the first settlement offer?
Usually not. First offers are often low and arrive before the full cost of your injuries is known. Wait until you have finished treatment or your doctor can predict future care, then compare the offer with your total losses.
Can I still recover money if I was partly at fault?
In most states, yes. Under comparative negligence rules your payout is reduced by your share of fault. A handful of jurisdictions use contributory negligence, which can bar recovery if you were even slightly at fault.
Official Resources
Laws change and vary by state. These official sources are good places to check the current rules:
- Road safety and crash information (NHTSA)
- Insurance Information Institute
- Find free legal aid near you (Legal Services Corporation)
Written by
Emam Hasan is the founder and editor of LawyerInfos. He is a digital marketer, content writer and English teacher based in Dhaka, Bangladesh, who researches legal topics from official sources and turns them into clear, plain-English guides. He is not a lawyer.