A car accident is disorienting even when nobody is badly hurt. Adrenaline, traffic and a stranger asking for your insurance details make it easy to forget something important, and small slips in the first hours are often what insurance adjusters lean on later.
This checklist walks through what to do at the scene, in the days that follow, and when it makes sense to bring in a lawyer. Rules differ from state to state, so treat it as a general guide rather than advice for your specific situation.
Key takeaways
- Safety and medical care come first. Everything else can wait a few minutes.
- Call the police for any crash involving injuries or significant damage, and get the report number.
- Photograph everything before the vehicles are moved, if it is safe to do so.
- Don’t admit fault or guess about what happened, at the scene or to an insurer.
- See a doctor promptly, even if you feel fine. Some injuries show up days later.
At the scene
1. Check for injuries and get to safety
Check yourself and your passengers first, then the people in the other vehicle if you can do so safely. If anyone is hurt, call 911 immediately. If the cars can be driven and are blocking traffic, many states expect you to move them to the shoulder. Turn on your hazard lights and, if you have them, set out flares or warning triangles.
2. Call the police
In most states you are legally required to report a crash that causes injury, death or property damage above a set dollar amount. Even when it isn’t required, a police report is one of the most useful pieces of evidence you can have, because it records the scene, the drivers, witnesses and sometimes the officer’s view of what happened. Ask the officer for the report number and how to get a copy.
3. Exchange information
Get the following from every other driver involved:
- Full name and phone number
- Driver’s license number
- Insurance company and policy number
- Vehicle make, model, color and license plate
- The vehicle owner’s name, if it isn’t the driver
If the other driver refuses to share information or leaves, write down whatever you can, including the plate number, and tell the police. Leaving the scene of an accident is a crime in every state.
4. Document the scene
Your phone is the best evidence tool you have. Take photos and video of:
- All vehicles from several angles, including close-ups of damage
- Skid marks, debris, road conditions and traffic signs or signals
- Your injuries, even minor cuts and bruises
- The wider scene, so the location and layout are clear
Ask witnesses for their names and phone numbers. Independent witnesses carry real weight with insurers, and they are very hard to find again later.
5. Be careful what you say
It is natural to say “I’m so sorry” after a crash, but statements at the scene can be treated as an admission of fault. Stick to facts. Don’t argue about who caused the accident, don’t guess about speeds or distances, and don’t tell anyone you’re “fine.” You may not know that yet.
In the days after the accident
6. Get medical attention
See a doctor as soon as possible, ideally within a day or two, even if you feel okay. Whiplash, concussions and internal injuries often take hours or days to show symptoms. A prompt medical record also links your injuries to the crash. Insurers routinely argue that a gap of weeks between the accident and treatment means the injury came from something else.
Follow your doctor’s treatment plan and keep every appointment. Stopping treatment early is another common reason claims are reduced.
7. Notify your insurance company
Most policies require you to report an accident promptly. Give your insurer the basic facts: when, where, who was involved and the police report number. You don’t need to give a detailed recorded statement on the first call, and you can ask to do it later.
8. Be cautious with the other driver’s insurer
The other driver’s insurance adjuster may call quickly and sound very helpful. Remember that their job is to limit what their company pays. You are generally not required to give them a recorded statement, and anything you say can be used to argue your injuries are minor or that you were partly at fault. Many people politely decline until they have spoken to a lawyer.
9. Keep a file
Start a folder, paper or digital, and keep everything in one place:
- The police report and claim numbers
- Medical records, bills and receipts
- Repair estimates and rental car costs
- Records of missed work and lost wages
- A short journal of your pain, sleep and daily limitations
That journal can seem unnecessary, but it is often the best evidence of pain and suffering months later, when memories have faded.
10. Stay off social media
Insurers look at claimants’ social media. A photo of you at a barbecue can be used to suggest your back injury isn’t serious, even if you spent the next day in bed. The safest approach is not to post about the accident or your activities until your claim is resolved.
Fault, no-fault and why your state matters
How your claim works depends heavily on where the accident happened.
- At-fault states. In most states, the driver who caused the crash, through their insurer, pays for the other people’s injuries and damage.
- No-fault states. About a dozen states require drivers to carry personal injury protection (PIP), which pays your own medical bills and lost wages regardless of who caused the accident. You can usually only sue the other driver if your injuries pass a certain threshold of seriousness or cost.
- Shared fault. If you were partly to blame, most states reduce your compensation by your share of the fault. A few states bar recovery entirely if you were even slightly at fault. Read more in our guide to comparative negligence.
Every state also sets a deadline, called a statute of limitations, for filing an injury lawsuit. It is commonly two or three years from the accident but can be shorter, and claims against government vehicles often require formal notice within months. See how long you have to file a personal injury claim.
When should you talk to a lawyer?
You may not need a lawyer for a minor fender-bender with no injuries. It’s worth getting advice if:
- You or a passenger were injured, especially if you needed more than one doctor’s visit
- Fault is disputed, or the police report is wrong
- The other driver was uninsured or underinsured
- A commercial vehicle, rideshare or government vehicle was involved
- The insurer is pressuring you to settle quickly or has denied your claim
Most personal injury lawyers offer a free first consultation and work on a contingency fee, meaning they are paid a percentage of what you recover and nothing if you don’t recover. It costs nothing to understand your options before you sign anything with an insurer.
Frequently asked questions
Do I have to call the police after a minor accident?
It depends on your state and the amount of damage. Many states require a report when there is any injury or damage above a set threshold. Even when it’s optional, a report protects you if the other driver later changes their story.
Should I see a doctor if I don’t feel hurt?
Yes. Many common crash injuries have delayed symptoms, and an early medical record is important evidence that your injuries were caused by the accident.
What if the other driver doesn’t have insurance?
Check your own policy for uninsured and underinsured motorist (UM/UIM) coverage, which pays when the at-fault driver has no insurance or too little. Some states require drivers to carry it.
Can I still make a claim if the accident was partly my fault?
In most states, yes, although your compensation will usually be reduced by your share of the blame. The rules vary, so get advice before assuming you can’t recover anything.