What to do after a car accident

Read this before you need it. The decisions that determine how an accident turns out are nearly all made in the first hour, by someone who is shaken and not thinking clearly.

Call 911 if

Anyone is injured, the road is blocked, or the other driver leaves

Never

Admit fault, or agree to settle privately at the scene

Report to your insurer

Promptly, even if the crash was not your fault

Many states also require

A separate report to the DMV above a damage threshold

1. At the scene

Safety first. Turn on hazard lights. If the cars are drivable and the crash is minor, move them out of the traffic lane — being hit a second time is a real risk. If anyone is injured, do not move them; call 911.

Call the police. In some places officers will not attend a minor crash, but call anyway and note the reference number they give you. A police report makes a claim enormously easier.

Exchange exactly this:

• Full name, phone number and address
• Insurance company and policy number
• Driver's licence number
• Vehicle registration plate, make and model
• The name of the vehicle's owner, if it is not the driver

Photograph everything before anything moves: all four corners of both cars, the damage close up and from a distance, both licence plates, the other driver's insurance card and licence, the road, the signs, the traffic signals, skid marks, the weather, and the wider scene showing the position of the cars.

Find witnesses. Anyone who stops — get a name and phone number in the first two minutes, before they leave. Witnesses are almost impossible to find later and decisive when fault is disputed.

2. In the first 48 hours

Tell your own insurer, even if you were not at fault and intend to claim from the other driver. Policies require prompt notice, and late notice is itself grounds to refuse a claim.

Get a copy of the police report. It is usually available within a few days from the department's website or records office, for a small fee.

Check whether your state requires a DMV report. Many do, when there are injuries or damage above a threshold — often only a few thousand dollars, which any modern bumper exceeds. The deadline can be as short as 10 days, and missing it can suspend your licence.

See a doctor if there is any chance you are hurt. Neck and back injuries commonly appear a day or two later, and a gap between the crash and the first medical record is the standard reason an injury claim is reduced.

3. How the claim works

An adjuster is assigned, inspects the car or reviews photographs, and issues an estimate.

• You choose the repair shop. Insurers recommend shops in their network; in most states they cannot compel you to use one.
• If repair costs approach the car's value it is declared a total loss, and you are paid the actual cash value — what the car was worth the moment before the crash, not what you paid or what a replacement costs. Research comparable local listings and negotiate; the first offer is an opening position.
• Rental car is covered only if you bought rental reimbursement, or if the at-fault driver's insurer accepts liability.
• Diminished value — the loss in resale value of a repaired car — is claimable from the at-fault driver's insurer in some states. Rarely offered; ask.

If the other driver's insurer calls you: you are not obliged to give a recorded statement to an insurer that is not yours. Politely decline until you have the police report and know the extent of any injury. You are also not obliged to accept the first settlement.

4. If the other driver is uninsured or leaves

Roughly one U.S. driver in eight has no insurance. If they flee or are uninsured, your own uninsured motorist coverage is what pays — see car insurance explained. Without it, and without collision coverage, you are paying for the repair yourself with essentially no way to recover the money.

Report a hit-and-run to the police immediately; most UM claims require a police report filed within 24 hours.

5. Medical bills

They are usually paid in this order: PIP or MedPay first if you have it, then your health insurance, and the at-fault driver's liability insurance settles at the end — often months later.

When your health insurer pays for treatment after a crash, it will normally claim that money back from any settlement you receive. This is subrogation, it is normal, and it is a reason not to accept a settlement before you know the full medical cost.

6. Things to be wary of

• A fast settlement offer in the first week, before injuries or repair costs are known.
• Uninvited callers — "runners" who obtain accident reports and telephone people to steer them to a particular clinic or lawyer. Reputable professionals do not cold-call crash victims.
• A body shop that suggests inflating the claim or waiving your deductible. That is insurance fraud, and it is you who signs the claim form.

7. Immigration and licensing

An ordinary traffic accident is a matter for the police, the courts and the insurers — not an immigration matter, and not a reason to leave the scene. Leaving is a serious criminal offence in every state, and it converts a manageable insurance claim into a prosecution.

If you were driving without a licence or without insurance, that is a separate violation, and you should speak to a lawyer — many states impose licence suspensions and, in some circumstances, criminal charges. Leaving the scene makes every one of those outcomes worse.

8. Afterwards

An at-fault claim typically raises premiums for three to five years. Some insurers sell accident forgiveness, which waives the increase for a first at-fault crash — worth asking about at renewal rather than after.

Shop the whole market at the next renewal. Insurers price accident history very differently, and the one that was cheapest before a claim is frequently not the cheapest after.