Quick Answer
Car accidents can be frightening and disorienting experiences. Knowing what to do immediately following a collision is crucial for your safety, well-being, and legal protection.
This guide will share some essential steps to take after a car accident.
We’ll cover everything, from ensuring your safety and assisting those injured to gathering evidence and notifying your insurance company.
We'll cover best practices for documenting the accident, understanding your rights, and navigating the claims process.
By following these guidelines and using the Mighty.com claims helper powered by AI, you can take control of the situation and protect your interests after a car accident.
After a Car Accident
Preparation is key in all aspects of life. Car accidents are no different.
We’re going to cover the following essential steps:
- Check for injuries
- Check on your passengers and whether they are hurt
- Get to safety
- Move impacted vehicles out of traffic
- Call 911
- Wait for help
- Exchange information with the other party
- Document the car accident with photos
- Document the scene
- Talk to any witnesses
- Notify your insurance and start the claims process
- Notify the DMV if necessary
- Seek legal advice if necessary
- Understand your rights
Let’s look at each of these points in a little more detail.
Check for Any Injuries
Even if you feel fine after a car accident, it's crucial to check yourself for any injuries.
Some may not be immediately apparent, such as whiplash or internal bleeding.
- Look for obvious signs: Check for cuts, bruises, swelling, and any visible bleeding.
- Assess for pain: Pay attention to any pain in your neck, back, head, chest, abdomen, or limbs.
- Consider potential internal injuries: Even minor bumps can sometimes cause internal injuries.
If you experience any pain or discomfort, seek medical attention immediately, even if the symptoms seem minor.
Check on Your Passengers and Whether They Are Hurt
After ensuring your own safety, immediately check on your passengers.
Even if the accident seems minor, some injuries may not be immediately apparent.
- Assess for injuries: Ask your passengers if they are experiencing any pain, such as neck pain, back pain, headaches, or dizziness.
- Look for visible signs: Check for cuts, bruises, swelling, or any other signs of injury.
- Offer assistance: Help any injured passengers get to a safe location and offer them any necessary assistance, such as comfort and support.
If any passenger appears injured, even slightly, encourage them to seek medical attention as soon as possible or just call 911 anyway.
It’s better to be safe than sorry!
Get to Safety
After an accident, your immediate priority is ensuring the safety of yourself and your passengers.
- Move to a safe location: If possible, move your vehicle and any injured occupants to a safe location away from oncoming traffic.
- Turn on hazard lights: Activate your hazard lights to warn other drivers of the accident.
- Assess the situation: Check for any immediate dangers, such as fire or leaking fluids.
Some states want you to use road flares, others don’t. If it makes sense to use them, do it.
Move Impacted Vehicles out of Traffic
If it's safe to do so and your vehicle is operable, move it to the side of the road to prevent further obstruction of traffic flow.
- Safety first: Only attempt to move your vehicle if it's safe to do so and if it won't worsen the situation.
- Assess the damage: If the vehicle is significantly damaged or leaking fluids, it's best to leave it in place until emergency services arrive.
- Consider traffic flow: Moving your vehicle can help prevent further accidents and minimize traffic congestion.
Call 911
If there are any injuries, call 911 immediately. Even minor injuries should be evaluated by medical professionals.
- Report the accident: Clearly and calmly explain to the dispatcher the nature of the accident, the location, and the number of people involved.
- Provide necessary information: Be prepared to answer the dispatcher's questions accurately and calmly.
- Follow instructions: Follow the dispatcher's instructions carefully and remain on the line until instructed otherwise.
Once you’ve called 911, wait calmly in the safe place until assistance arrives.
Exchange Information With the Other Party
If possible, exchange information with the other driver(s) involved in the accident right away.
This information is crucial for filing insurance claims and investigating the incident.
Gather the following:
- Driver's license: Full name, driver's license number, and issuing state.
- Insurance information: Name of the insurance company and policy number.
- Contact information: Phone number, email address, and home address.
- Vehicle information: Make, model, year, and license plate number.
- Witness contact information: If there were any witnesses to the accident, gather their contact information as well.
Document the Car Accident With Photos
If you are able, take photos and videos of the accident scene and the vehicles involved.
This can be crucial!
- Capture the scene: Photograph the accident scene, including the positions of the vehicles, skid marks, traffic signs, and any road debris.
- Document vehicle damage: Take photos of all sides of your vehicle, focusing on the areas of impact and any other damage.
- Photograph the other vehicle: If possible, take photos of the other vehicle involved in the accident.
- Record witness statements (if safe): If there are any witnesses, ask them to provide their contact information and consider recording brief video or audio statements (with their consent).
Document the Scene
If it's safe to do so, thoroughly document the accident scene2.
This visual evidence can be crucial for your insurance claim and any potential legal proceedings.
- Photograph the vehicles: Take pictures of all sides of your vehicle and the other vehicles involved, focusing on the points of impact and any other damage.
- Capture the scene: Photograph the overall accident scene, including the road conditions, traffic signs, skid marks, weather, visibility conditions and debris.
Talk to Witnesses
If there were any witnesses to the accident, politely and respectfully gather their information.
- Contact information: Obtain their full names, phone numbers, and email addresses.
- Brief account: If possible, politely ask witnesses for a brief account of what they saw.
- Respect their privacy: Be mindful of their time and privacy.
Notify Your Insurer and Start the Claims Process
Promptly contact your insurance company to report the accident.
- Provide required information: Be prepared to provide details such as the date, time, and location of the accident, the other driver's information, and any injuries sustained.
- Follow instructions: Follow your insurance company's instructions for filing a claim. This may involve completing forms, providing documentation, and scheduling an inspection of your vehicle.
- Keep records: Maintain copies of all communication, documents, and correspondence with your insurance company.
Promptly notifying your insurer is crucial for the claims process and ensuring timely resolution of your claim.
Notify the DMV if Necessary
In many US states3, you’re legally required to report a car accident to the Department of Motor Vehicles (DMV) within a specific timeframe.
- Reporting methods: You may be able to report the accident online, by mail, or in person at your local DMV office.
- Importance of reporting: Accurately reporting the accident helps maintain accurate driving records.
Failure to report an accident as required can result in fines, license suspension, or other penalties.
Seek Legal Advice if Necessary
Consult with an experienced car accident attorney if:
- You have significant injuries: This includes serious injuries like broken bones, head trauma, or spinal cord injuries.
- You have suffered significant financial losses: This includes substantial medical bills, lost wages, and property damage.
- Liability is disputed: If the other driver denies fault or if there are multiple parties involved in the accident.
- You are dealing with a complex claim: This may involve multiple insurance companies, disputes over policy coverage, or complex legal issues.
- You are unsure of your rights: A lawyer can provide guidance on your legal rights and options, ensuring you understand the claims process and your rights to compensation.
If you don’t want to hire an attorney, use the Mighty.com AI claims handler and do it yourself.
It’s probably much easier than you might think!
Understand Your Rights
After a car accident, it's crucial to understand your rights4 as a driver and an accident victim.
- Right to fair compensation: If the accident was caused by another driver's negligence, you have the right to pursue compensation for your injuries, medical expenses, lost wages, property damage, and pain and suffering.
- Right to refuse a settlement: You are not obligated to accept the first settlement offer from the insurance company. You have the right to negotiate a fair settlement that adequately compensates you for your losses.
- Right to legal representation: You have the right to consult with an attorney and seek legal representation. An attorney can advise you on your rights and options, negotiate with the insurance company, and represent you in court if necessary.
After a Car Accident FAQs
We aim to answer most questions in the post, but here are a few common questions we hear at Mighty.com.
Can I get insurance after a car accident?
Yes, you can generally still get car insurance after a car accident. However, it may impact your insurance premiums.
If the accident was your fault, your insurance rates are likely to increase. If the accident was not your fault, the impact on your premiums may be less significant.
Do I have to give insurance information if someone hits me?
Yes, you are generally required to exchange insurance information with the other driver involved in a car accident. This is a legal requirement in most states.
Exchanging information allows both parties to file insurance claims and helps ensure that any damages can be properly addressed.
Refusing to exchange information can have legal consequences, such as fines or license suspension.
What insurance information should I give in an accident?
When involved in a car accident, you should be prepared to provide your insurance information to the other driver. This typically includes the name of your insurance company, your policy number, and the name and contact information of your insurance agent or claims representative.
It's also a good idea to have your insurance card readily available in your vehicle for easy access in case of an accident.
What to do after a car accident that is your fault?
If you are involved in a car accident that is your fault, it's crucial to take immediate action. First and foremost, ensure the safety of yourself and others involved. Check for injuries and call 911 if necessary.
Exchange insurance information with the other driver and document the accident with photos and videos. Notify your insurance company promptly and be honest and cooperative with the claims process.
If the other driver has injuries or significant property damage, consult with an attorney to understand your legal obligations and potential liabilities.
What to do after a car accident that is not your fault?
If you are involved in a car accident that is not your fault, it's important to take immediate steps to protect your interests. First and foremost, ensure the safety of yourself and others involved.
Check for injuries and call 911 if necessary. Exchange insurance information with the other driver and document the accident with photos and videos.
Notify your insurance company promptly and provide them with all the relevant details. Gather witness statements if possible.
Consult with an attorney or use Mighty.com to discuss your legal options and ensure you receive fair compensation for any injuries, property damage, or other losses you may have incurred.
How long can I take to report an accident to insurance?
Most insurance companies require you to report a car accident within a specific timeframe, typically within 24 to 30 days of the incident.
However, it's always best to report the accident as soon as possible. Promptly notifying your insurance company allows them to begin their investigation and initiate the claims process.
How does the insurance company check vehicle damage?
Insurance companies use several methods to assess vehicle damage after a car accident. They often schedule an inspection with an independent adjuster who will examine the vehicle in person.
The adjuster will assess the extent of the damage, taking photos and noting the necessary repairs.
They may also obtain repair estimates from local body shops to determine the cost of repairs. In some cases, the insurance company may use software or online tools to estimate repair costs based on the provided information and photos.
How long will insurance pay for a rental car after an accident?
The length of time your insurance will pay for a rental car after an accident varies depending on several factors, including the severity of the damage to your vehicle, the availability of repair parts, and the terms of your insurance policy.
Most policies have limits on the number of days they will cover rental car expenses. Common rental car coverage periods range from a few days to several weeks.
It's crucial to review your insurance policy carefully to understand your specific coverage limits and any applicable deductibles.
What should I do after a fender bender or minor car accident?
Even minor fender benders require careful attention. After ensuring everyone's safety, exchange insurance and contact information with the other driver.
Document the accident with photos and videos. Notify your insurance company promptly, even for seemingly minor incidents. Obtain a police report if there are any injuries or significant property damage.
Will my insurance rates go up after I’m involved in an accident?
Yes, your car insurance rates are likely to increase after you're involved in an accident, even if you weren't at fault. Insurance companies view accidents as an increased risk, regardless of who was responsible.
The severity of the accident and your driving history will also influence the extent of the rate increase.
How much does car insurance go up after an accident?
The amount your car insurance goes up after an accident can vary significantly. It depends on several factors, including the severity of the accident, who was at fault, your driving history, the state you live in, and your insurance company's specific rate adjustment policies.
When is it too late to go to a doctor after a car accident?
It's never too late to see a doctor after a car accident if you're experiencing pain or other concerning symptoms. While there may be limitations on insurance coverage for delayed medical treatment, it's always better to prioritize your health and seek medical attention whenever necessary.
If you have concerns about insurance coverage, consult with your doctor or an attorney.
What to do with a car after an accident?
The course of action for your vehicle after an accident depends on the severity of the damage and the insurance company's decision. If your car is deemed a total loss, you may have the option to sell it to the insurance company for salvage or keep it for repairs.
If your car is repairable, you will need to arrange for repairs through your insurance company or an independent repair shop. If the damage is minor, you may be able to make minor repairs yourself.
Sources
- Smith & Hassler: What Details Should I Share with the Other Driver After a Car Accident (https://www.smithandhassler.com/articles/what-details-share-with-other-driver-after-car-accident/)
- Boren & Boyd: How to properly document the scene of a car accident (https://www.borenandboyd.com/blog/2024/05/how-to-properly-document-the-scene-of-a-car-accident/)
- Enjuris: State-by-State Laws & Requirements for Reporting A Car Accident (https://www.enjuris.com/car-accident/accident-reporting-requirements/)
- 4. R& R: Understand Your Rights After A Car Accident (https://roruss.com/2024/08/06/understanding-your-rights-after-a-car-accident-a-comprehensive-guide/)
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About the author
Joshua is a lawyer and tech entrepreneur who speaks and writes frequently on the civil justice system. Previously, Joshua founded Betterfly, a VC-backed marketplace that reimagined how consumers find local services by connecting them to individuals rather than companies. Betterfly was acquired by Takelessons in 2014. Joshua holds a JD from Emory University, and a BA in Economics and MA in Accounting from the University of Michigan.