What to do after a car accident

Stop, check for injuries and call 911 if anyone is hurt or the scene is dangerous. Then make the scene safe, exchange information with the other drivers, document everything with photos, and report the crash to police, your state and your insurer as the law and your policy require. What you do in the first hour shapes how smoothly the claim goes.

At the scene

1. Stop. Every state requires drivers involved in a crash to stop. Leaving the scene is at least a traffic offense and becomes a crime in many cases, especially when someone is hurt; New York, for example, treats leaving a property-damage crash as a traffic violation and leaving an injury crash as a criminal one, according to the New York DMV driver's manual.
2. Check for injuries and call 911 if anyone is hurt, complains of pain, or if vehicles are blocking traffic, leaking fluid or on fire. Do not move someone who may have a neck or back injury unless they are in immediate danger.
3. Make the scene safe. If the cars can be driven and no one is hurt, move them out of traffic where your state allows it. Turn on hazard lights and use flares or triangles if you have them.
4. Call the police when anyone is injured, when your state's reporting rules require it, or when the other driver is uncooperative, impaired or uninsured. do you need a police report after a car accident? explains state thresholds.
5. Exchange information with every driver: names, contact details, license and plate numbers, vehicle details, and insurance company and policy number. Photograph their license and insurance card. what information to exchange after an accident has the full list.
6. Document everything. Take wide shots showing positions of the cars, close-ups of all damage, the other car's plate, road signs and signals, skid marks, weather and lighting. Note the time and exact location.
7. Get witness details. Names and phone numbers of anyone who saw the crash. Independent witnesses carry weight when fault is disputed.
8. Stick to facts. Describe what happened to the police. Avoid arguing or speculating about fault with the other driver; fault is decided later from the evidence (see how fault is determined in a car accident).

Keep the after-accident checklist and information form on your phone so you are not relying on memory while shaken.

Things to avoid

• Leaving before you have exchanged information and, where required, before police arrive.
• Agreeing to "keep insurance out of it" without getting the other driver's full information in writing. Cash deals often fall apart once the repair estimate arrives.
• Signing anything from a tow operator you did not call, or authorizing repairs at the scene. See predatory towing and body shop scams.
• Posting about the crash on social media.
• Giving a recorded statement to the other driver's insurer before you have reported to your own.

Reporting requirements

There can be up to three separate duties, and each state sets its own rules:

• Police at the scene. Many states require immediate notice to police when a crash causes injury, death, or damage above a threshold.
• A written report to the state. Some states require drivers to file their own report even if police came. California requires an SR-1 report to the DMV within 10 days if anyone was injured or killed or property damage exceeds $1,000, according to the California DMV. New York requires a report within 10 days for crashes causing death, injury or more than $1,000 in damage to one person's property, per the same manual.
• Your insurer. Virtually every policy requires prompt notice of any accident, whether or not you plan to claim.

In the first day or two

1. Get checked by a doctor if you have any pain, even mild. Some injuries show up hours or days later, and a prompt medical record links the injury to the crash.
2. Notify your insurer. That first report is called the first notice of loss. You will get a claim number to use on every document and call. Reporting is not the same as asking for payment; you can decide later how to handle a small loss. The Should I file a claim? calculator helps you compare paying yourself with claiming.
3. Get a copy of the police report or the report number.
4. Start a file. Photos, the other driver's information, receipts for towing, rental and medical care, and a log of every call.
5. Arrange a rental if you need one, and check whether you have rental reimbursement coverage before you sign up for a daily rate.

Who pays depends on your state and on fault

The split between fault-based and no-fault systems is explained in no-fault vs at-fault states.

Over the following weeks

• Respond to the adjuster promptly and keep copies of everything you send.
• Choose a repair shop. You generally have the right to pick your own; the insurer may recommend a network shop.
• Keep treating and keep records if you were hurt. Do not settle an injury claim until you know its full extent.
• Expect a rate review. An at-fault accident can raise your premium at renewal; a not-at-fault crash usually affects rates less, though practices vary by insurer and state.

The full claim process is covered in how to file a car insurance claim, step by step.

Key takeaways

• Stop, call 911 for injuries or hazards, and get to safety before anything else.
• Exchange full information, photograph documents and damage, and collect witness contacts.
• Know your state's reporting rules: police, a state report within a deadline, and your insurer.
• Report to your insurer promptly even if you may not claim; decide on a small claim afterward.
• Who pays depends on fault and on whether your state is no-fault, so read your declarations page and coverages before calling.