What to Do After a Car Accident – FAQs to Consider

It’s hard to decide what to do after a car accident if you’re feeling shock and possibly sustaining injuries from the collision. Worries about who pays for your medical fees and who’s responsible for your damages may cause you to panic.

Know that there’s a straightforward approach on what to do after a car accident that may help minimize liability while following your state’s laws. This includes actions to take on the scene of the crash, as well as what to do while you recover.

Even though this guide covers general steps on what to do after a crash, every auto accident is unique.

For specific guidance on what to do after a car crash, secure an auto accident attorney. This is especially true if you’re not at-fault and you need legal protection from the other party.

Things to Do at the Scene of a Car Accident

Even though state laws differ on negligence laws or what insurance covers, most accidents follow the same process.

This goes for most types of car accidents, and even unique ones like rental car crashes and multi-vehicle collisions.

Here are steps to take when you get into an auto accident to mitigate your liability while following proper procedure:

1. Stay on the accident scene, even when there are minor damages. If you were responsible for the accident, leaving the scene could result in criminal charges against you.
2. Try to pull your vehicle out of the road and onto a safe location—parking lots, residential areas, etc. Only do this if you’re in a condition to drive and if you’re able to move your vehicle.
3. Check for injuries and damages, especially if anyone was severely injured or killed. If you suffered injuries, administer first-aid if able or call 911 as soon as possible.
4. Call the police in most car accident cases, especially if there’s extreme property damage or severe harm involved.
5. You may file a police report by answering the police’s questions when they arrive. Don’t admit fault or place blame even when liability’s obvious. Also, document the name, badge number, and title or rank of each official you spoke with.
6. After all immediate dangers are dealt with, you can exchange information with the other parties in the accident.
7. Gather evidence at the scene, such as photos of the vehicle’s damages and other property.
8. Contact your insurance company with a reference number. Explain the situation concisely, and provide evidence or information you’ve collected.
9. Consider calling an auto attorney if you’ve been hurt and at-fault. Having a legal specialist in these circumstances can help you get compensated for your loss.

Types of Information to Collect From a Car Accident

A car accident has valuable info you should gather that may greatly benefit your claim and your attorney’s work.

Include shots of the scene, road signs, and street names. Get up-close images of the vehicle’s VIN and license plates. You can also photograph all injuries as evidence of your damages.

After taking pictures of the scene, exchange information with the other driver as mandated by state law. The types of information to collect after an auto accident are as follows:

• Full names of all parties involved
• Parties’ addresses
• Contact info (usually cell phones)
• Vehicle insurance details
• Drivers’ license
• Vehicles VIN
• Witness statements if there were bystanders nearby

All of the above information should be collected before leaving the scene. It’s important to document as much information for your insurance company, and if required, in court.

You should contact an attorney to help you with the claims process and if the other party is disputing your claim.

What to Say During a Vehicle Collision

Sometimes it’s hard to speak when you’re shaken up after a car accident. You may not know what to say that would not make things worse for you. Here are some things to say during a vehicle collision:

• Never apologize—that can signify you were at-fault for the accident. This can pose problems if you are not at-fault.
• When checking for injuries you can say, “Are you okay?” or “Do you need medical attention?”
• When speaking to the other parties, state facts and be concise. For instance, “I was driving on (street name) when (other parties’ vehicle) collided with my car on the passenger side. Do not add unnecessary info such as, “I didn’t see your car coming when it hit me” or “Are you okay? You look shaken up.”

Call the authorities and state the facts if substantial injuries or damages occurred. Don’t blame the other parties or admit blame and explain what happened consistently.

Example: “I was turning left on this street at a green arrow traffic light until that car came quickly and collided with my car on the passenger side.”

It’s important to communicate concisely and leave out unnecessary details that can negatively construe the situation. If the other party is angry or is emotionally upset, remain calm and contact the police to mediate the situation.

How to File a Car Accident Report

Depending on your state, you must file an accident report within 5 to 30 days after the accident. You may file the car accident report online, by mail, or in person at your local DMV office.

It’s better to file a report, even with minor accidents and injuries. Failure to file an accident report could result in severe consequences like revocation of your license.

Consult your state’s DMV office for the deadline for submitting a car accident report since each state’s statute of limitations varies. You should also save the auto accident report in case it’s needed for court or other legal matters.

Notifying Your Auto Accident Insurer

The most important thing to do after a car accident is notifying your auto accident insurer as soon as possible.

Call them on your insurance card or policy and let them know you were involved in an accident by providing details (date, location, car model, parties involved, etc.).

Ensure you’re providing accurate information and don’t speculate who’s at-fault; the insurance company investigates your case based on their reports.

If you don’t hear back from them for a while, you may contact them to ask for the status of your claim. However, if your insurance is not responsive to your calls or messages, you can contact your state’s Department of Insurance.

What if You Weren’t At-Fault for the Car Accident?

If you were not at-fault, the at-fault drivers’ insurance company would reach out to cover your vehicle and injury damages. You can file a claim against their insurance policy to receive compensation for your losses.

Generally, you don’t have to pay out-of-pocket for repairs or medical bills if you weren’t at-fault. You should file a claim with the at-fault driver’s insurance to get compensated for repairs and medical bills.

If your claim is taking longer than expected or you’re not getting compensated for the loss, you should contact an auto accident attorney to fight for your rights.

What Determines Your Car Accident Settlement?

Your car accident settlement is mostly determined by the severity of your losses and your liability to those losses.

Examples of damages you can incur are:

• Medical expenses incurred
• Lost wages
• Emotional distress
• Repair costs
• Pain and suffering

The more severe the damages, the higher the settlement tends to be. Fault tends to be subjective, and especially when states operate under comparative negligence, it’s best to call an attorney.

Do You Need a Car Accident Attorney to Represent You?

It may not be required by law to seek a car accident attorney for every accident. However, you should hire an attorney if you’ve experienced substantial damages and injuries.

Some cases are complex with multiple parties involved, and it’s difficult to pinpoint how much fault each party carries. You should hire an auto accident lawyer if:

• You or other parties sustain significant injuries or property damages
• If liability is disputed or uncertain
• If the insurance company is not cooperating or undervalues your claim
• Inability to work due to your injuries

You may not need a lawyer if it’s just a fender bender with minimal damages and no injuries sustained. If it’s also clear who’s at-fault without any disputes and the insurance company is cooperative, you can settle with their offer.

Car Accident Statistics You Should Know

According to the Insurance Institute for Highway Safety (IIHS), the amount of motor vehicle crash deaths differs broadly in the United States and the District of Columbia.

In 2022, the crashes involved were single-vehicle accidents, with Rhode Island having the highest number of deaths (71%). Also, Nebraska has the highest percentage of crashes (62%) in multiple-vehicle accidents.

The state’s population greatly affects the number of accidents that occur yearly. Several factors can affect these rates such as the types of vehicles, travel speeds, licensure rates, state regulations, emergency responses, weather, and topography.

According to the National Safety Council, the United States experienced 46,027 deaths from vehicle accidents—about 13.81 deaths per 100,000 people and 1.44 deaths per 100 million miles traveled.

What if You Hit Someone Without Insurance?

Whether you hit someone with or without insurance, you’re responsible for the costs of the accident. You’ll be responsible for paying medical expenses, property damages, legal fees, fines, etc.

The uninsured driver you hit may attempt to sue if you’re liable for the damages and if your policy doesn’t cover it.

Hence, you should hire an expert attorney in these situations and see what legal options are open.

However, if you were hit by an uninsured driver and your policy covers, you can file an uninsured motorist claim.

Possible Penalties for Driving Without Insurance

Driving without insurance can result in possible penalties of fines between $25 and $5,000 depending on your state, license suspension, vehicle impoundment, and criminal charges.

All states in the United States, except New Hampshire, require drivers to have vehicle insurance.

In New Hampshire’s laws, drivers must prove they have money to cover personal injury or property damage in the event of an accident.

What if You Were Partially At-Fault for the Accident?

If you were partially at-fault for the accident, you share some responsibility and will likely pay your portion of the damages.

The court may use a percentage-based fault system to see how much fault you carry for the accident. The compensation you receive when you’re partially at-fault may be reduced by the percentage of fault assigned to you.

How Long Does a Car Accident Claim Take?

The length of a car accident claim may take a few months to over a year to settle. This depends on your state and your claim’s complexity. Some factors that may delay your claim are:

• Injury severity—minor injuries are usually quicker than severe, long-term injuries requiring extended treatment.
• Disputing liability—each party may dispute who is at-fault, making the investigation take longer.
• Amount of parties involved—multi-vehicle accidents can be complex and take longer to settle due to how many collisions happened and how they occurred.
• Insurance company’s cooperation—if the insurance adjusters are uncooperative by not responding to you or attempting to minimize the claim, it can take longer for your claim to settle.

Sometimes it’s unadvisable to accept the insurance company’s initial offer just to wrap up your car accident claim. Conditions can develop and worsen, needing further funds to cover such damages.

If you’re concerned about the pace of your car accident claim, consider reaching out to an attorney. They can analyze your case and determine whether you should press forward or drag out your claim.

What if Your Car Accident Claim was Denied?

If your car accident claim is denied, you should review the denial letter and understand the reason for rejection.

You should then gather evidence to support your claim such as police reports, medical documents, pictures, videos, etc. Contact your insurance company explaining why you believe your claim should be approved.

You should file an appeal to your insurance company and submit the necessary evidence to support your claim. Be aware of the deadlines for appeal, and make sure to file it before it’s too late. You should consider looking over your insurance policy and see if there are reasons your claim was denied.

Consult an attorney on the issue, it’s possible your insurance company may act in bad faith and you may have grounds for a lawsuit.

Do You Need to Go to Court for a Car Accident Claim?

Typically, you don’t need to go to court for a car accident claim as most claims resolve through settlements rather than a lawsuit. Your insurance company and the other parties’ insurance should negotiate on the settlement each party is entitled to.

In most cases, things get resolved before a trial is needed. However, some cases may lead to both parties disputing who is at-fault meaning going to court may be required.

Find a Car Accident Attorney Through LegalASAP

A car accident claim can move in unexpected directions, which is why finding a car accident attorney is key.

Through LegalASAP’s 500+ attorney network, you may be qualified for an auto accident lawyer. Don’t wait to find an attorney; you have the right to defend yourself for your losses.

Complete a short consultation form here to see if your claim qualifies for a car accident attorney. If you have questions or concerns, call our hotline at 888-927-3080.