This information is general and educational only, not legal advice. Laws vary by state and by case facts. For advice about your situation, consult a licensed attorney.
Immediately After the Accident
1. Check for injuries and call 911
Your safety comes first. Check yourself and passengers for injuries. If anyone is hurt, call 911 immediately. Even for minor accidents, calling the police creates an official record that can be important later.
2. Move to safety if possible
If the accident is minor and vehicles are drivable, move them to the shoulder or a safe spot out of traffic. Turn on hazard lights. If vehicles cannot be moved, stay inside with your seatbelt on until help arrives.
3. Exchange information
Get the other driver's name, phone number, insurance company and policy number, driver's license number, and license plate number. Provide your information as well. Be polite but keep the conversation brief and factual.
4. Document the scene
Take photos of everything: vehicle damage (all angles), license plates, the road and intersection, traffic signs, weather conditions, skid marks, and any visible injuries. The more photos you take, the better.
5. Get witness information
If anyone saw the accident, ask for their name and phone number. Witness statements can be very helpful later if fault is disputed.
6. Do not admit fault
It is natural to want to apologize, but saying "I'm sorry" or "it was my fault" can be used against you later. Stick to the facts when talking to the other driver and the police.
Within the First Few Days
7. See a doctor
Even if you feel fine, see a doctor within 24 to 72 hours. Some injuries do not show symptoms right away. A medical evaluation creates an official record connecting any injuries to the accident, which is important for any potential claim.
8. Notify your insurance company
Report the accident to your insurance company promptly. Stick to the facts and avoid speculating about fault. You are generally required to report accidents under your policy terms, but be careful about what you say. Learn what not to say to insurance.
9. Get a copy of the police report
Contact the responding police department to get a copy of the accident report. This document contains the officer's observations and may include a preliminary fault determination.
10. Start an accident journal
Write down everything you remember about the accident while it is fresh. Keep notes about your pain levels, how injuries affect your daily life, and any expenses you incur. This documentation can be valuable later.
In the First Week
Get repair estimates — Take your vehicle to one or more repair shops for written damage estimates.
Organize your documents — Start a folder (physical or digital) with all accident-related documents: photos, police report, medical records, repair estimates, insurance correspondence, and your journal.
Follow your doctor's treatment plan — Attend all follow-up appointments and follow medical instructions. Gaps in treatment can be used to argue your injuries are not serious.
Track lost wages — If you miss work, document every day missed and ask your employer for a letter confirming your lost income.
Do not sign anything from insurance— Do not sign any releases or accept any settlement offers without understanding their implications. Early offers from the other driver's insurance are often lower than what a claim may be worth.
What to Do After a Car Accident That Was Not Your Fault
If the accident was not your fault, the steps above still apply — but there are additional things to keep in mind to protect your claim against the at-fault driver:
Do not accept blame — even partially
The other driver's insurance company may try to shift some fault onto you to reduce their payout. Be factual in your statements. Do not say things like "I could have braked sooner" or "maybe I should have seen them." Learn what not to say to insurance →
Do not accept the first offer
When the accident was clearly not your fault, the other driver's insurer may make a quick settlement offer. These early offers are typically much lower than what your claim may actually be worth — especially if you have ongoing medical treatment or have not finished recovering.
File your claim against the at-fault driver's insurance
You can file a "third-party claim" directly with the other driver's insurance company. This is separate from notifying your own insurer. Their adjuster will investigate and make an offer. You have the right to negotiate or reject it.
Consider legal help for injuries
If you were injured in an accident that was not your fault, speaking to a personal injury attorney is generally worth it. Most offer free consultations and work on contingency. See when hiring a lawyer is worth it →
What to Do If Hit by an Uninsured Driver
Being hit by a driver who has no insurance adds frustration to an already stressful situation. Here is how to protect yourself:
1. File a police report immediately
This is critical when the other driver has no insurance. The police report documents the accident and creates an official record you will need for your own insurance claim.
2. Check your own uninsured motorist coverage
Many auto insurance policies include uninsured motorist (UM) or underinsured motorist (UIM) coverage. This pays for your medical expenses, lost wages, and other damages when the at-fault driver cannot cover them. Check your policy or call your agent to find out what you have.
3. Consider your legal options
You can sue an uninsured driver directly, though collecting payment may be challenging if they have limited assets. A personal injury attorney can help you evaluate whether pursuing a lawsuit makes sense and explore all available sources of compensation.
4. Explore other coverage options
Depending on your situation, you may also have coverage through MedPay (medical payments coverage), PIP (personal injury protection), collision coverage for vehicle damage, or your health insurance for medical bills.
How to File a Claim After a Hit and Run
Hit-and-run accidents are especially frustrating because the at-fault driver has fled the scene. But you still have options:
Document everything you can remember
Write down the other vehicle's license plate (even a partial plate helps), make, model, color, and any distinguishing features. Note the direction they drove. Get contact information from any witnesses. Take photos of the scene and your vehicle damage immediately.
File a police report right away
A police report is essential for a hit-and-run claim. Many insurance policies require it. The police may also be able to track down the driver using surveillance cameras, witness descriptions, or partial plate information.
File a claim with your own insurance
Hit-and-run accidents are typically treated like uninsured motorist claims. Your UM/UIM coverage can pay for medical expenses and damages. Collision coverage can cover vehicle repairs. Check your policy for what applies.
If the driver is found, you can sue
If police identify the hit-and-run driver, you can file a personal injury lawsuit against them. Hit-and-run drivers may also face criminal charges, which can provide helpful evidence for your civil claim. Be aware that many states have specific deadlines for hit-and-run claims — act quickly. Check your state's deadline →
What Happens After a Car Accident Claim Is Filed
Once you file a claim — either with the at-fault driver's insurance or your own — here is the general process:
Claim is assigned to an adjuster
The insurance company assigns an adjuster who reviews your claim, examines the police report, medical records, repair estimates, and any other evidence.
Investigation and evaluation
The adjuster may contact you for a recorded statement, inspect your vehicle, or request additional medical records. They evaluate the claim based on fault, damages, and policy limits.
Settlement offer
The insurance company makes a settlement offer. This is typically negotiable. You can accept, counter-offer, or reject it entirely. Estimate what your claim might be worth →
Negotiation or litigation
Most claims settle through negotiation. If you cannot reach a fair agreement, you may need to file a lawsuit. This is where having a lawyer becomes especially important. Learn how long settlements take →
Resolution and payment
Once a settlement is agreed upon, you sign a release and receive payment — usually within 2 to 6 weeks. The release typically prevents you from seeking additional compensation later, so make sure you are fully recovered or have accounted for future costs before signing.
Quick Reference: Steps to Take After a Car Accident
Here is a condensed checklist you can save or print:
- 1.Check for injuries and call 911
- 2.Move to safety if possible
- 3.Exchange information with the other driver
- 4.Document the scene with photos and notes
- 5.Get witness contact information
- 6.Do not admit fault or apologize
- 7.See a doctor within 24-72 hours
- 8.Notify your insurance company (stick to facts)
- 9.Get a copy of the police report
- 10.Start an accident journal
- 11.Do not sign anything or accept early settlement offers
- 12.Consider consulting a lawyer if injuries are involved
Need a more detailed, personalized checklist? Build your evidence checklist →
Answer a few questions to understand your options
Get a rough estimate based on your situation
Know exactly what documents to gather