What to do after a car accident that was not your fault

Q: Should I call the police after a minor car accident?

Call if anyone is hurt or the other driver left. For a small crash, ask the dispatcher if an officer will come. A report makes the claim easier.

Q: What if the other insurer says both of us were at fault?

Ask for the reason in detail and in writing. In many states, shared fault lowers a claim but does not end it.

Last checked November 8, 2026

After a car accident, move to safety and call police if anyone is hurt or a driver left.¹ See a doctor, take photos and get the police report.²³ If the other driver caused the wreck, their insurance should pay your repairs, medical bills and a rental.⁴ Your deadline depends on your state.

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What do I do right after a car accident?

Crashes are common and serious. NHTSA estimates 39,345 people died in U.S. traffic crashes in 2024.⁵ Nearly half of the people killed in passenger vehicles were not buckled.⁶ If you are reading this at the scene or the day after, take these steps in order.

Get out of traffic if you can. Turn on your hazard lights.
Call 911 if someone is hurt or the other driver drove away.¹ If an officer comes, ask for the report number.
Trade names, phone numbers, insurance and plate numbers. Take a picture of the other driver's insurance card and license.
Take photos of all the cars, the damage, the plates, street signs and the angle of the road.³
Get the names, addresses and phone numbers of passengers and witnesses.⁷
Get checked by a doctor the same day, even if you feel fine. Soreness and head injuries can show up later.
Tell your own insurance company what happened and write down your adjuster's name and number.

How do I get my car accident report?

Your accident report comes from the police agency that responded. That could be city police, the county sheriff or the state highway patrol. Most reports take several days to be ready. Many agencies sell them online. You usually need the report number, the date and the place of the crash.

Get a copy for your insurance company and read it closely.² Check your name, the plate numbers and the description of what happened. If something is wrong, ask the agency how to add a correction. If no officer came, ask your state's motor vehicle agency if you must file your own crash report. Some states require it, and the time limit can be short.

Who pays if the car accident was not my fault?

The driver who caused the crash is responsible, and that driver's insurance company normally pays. Their insurance should pay for your car repair, medical bills and a rental car.⁴ But it will not always pay right away, or in full. The other insurer may say both drivers were at fault and want you to cover part of your costs.⁸ If it refuses, ask for the reason in detail and in writing.⁹

Coverage	Whose policy	What it does
Liability	The driver at fault	Pays for injuries and damage that driver caused, up to the policy limit
Medical payments	Yours, if you bought it	Pays your and your passengers' medical bills¹⁰
Personal injury protection (PIP)	Yours, where offered or required	Pays medical bills and some lost pay, no matter who was at fault
Uninsured or underinsured motorist	Yours, if you have it	Steps in when the other driver has no insurance or too little
Health insurance	Yours	Pays treatment, but may ask to be paid back from a settlement

State rules can set how fast an insurer must answer. In Washington, for example, an insurer must approve, deny or explain a delay within 30 days after you start your claim.¹¹

I was rear ended. Who is at fault?

In a rear-end crash, the driver in back is often found at fault because drivers must leave enough room to stop. It is not automatic. The insurer may argue that you stopped suddenly or that your brake lights did not work. Photos of both bumpers, any dash camera video and the report all help. Neck and back injuries are common in rear-end wrecks, even at low speed, so tell your doctor about every symptom.

What proof helps a car wreck claim the most?

Your photos and any video from a dash camera, a nearby business or a doorbell. Ask soon, because video is often erased.
The police report and the names of witnesses.
Your medical records and bills.¹² You have a right to copies, and a provider cannot refuse because you still owe money.¹³
Proof of missed work, such as pay stubs and a note from your employer.
A short journal of your pain, sleep and what you cannot do anymore.
Repair estimates and your rental receipts.

What can a car accident claim cover?

A claim can ask for your medical bills, now and in the future, lost pay, car repair or replacement, a rental car, and pain and suffering. What a claim is worth depends on your injuries, who was at fault, how much insurance there is and your state's law. No honest person can give you a number from a web page. Be careful with online calculators.

How do car accident rules change by state?

Three things change the most from state to state. The first is your deadline to file a lawsuit. The second is shared fault. In most states, your share of the blame lowers what you can get. In a few states, any share of the blame can stop your claim. The third is no-fault insurance. In no-fault states, your own policy pays first, and you may only sue the other driver for serious injuries.

Deadlines are often much shorter if a city, county or state vehicle was involved. Look up your state's deadlines on this site, or find your city guide below, before you rely on a general answer.

When should I talk to a car accident lawyer?

You may handle a small claim alone if the damage was minor and you healed quickly. Talk to a lawyer if you were badly hurt, missed a lot of work, the insurer blames you, the other driver had little or no insurance, or a company vehicle was involved. Also call if the deadline is close. A lawyer can review it for free and tell you whether you need help at all.

Common mistakes after a car crash

Saying sorry or guessing about what happened at the scene.
Talking about the crash with anyone other than police and a verified representative of your own insurer.¹⁴
Giving the other insurer a recorded statement before you know how badly you are hurt.
Waiting weeks to see a doctor, or stopping care early.
Signing a release or cashing a settlement check before your treatment is done. A release usually ends the claim for good.
Posting about the crash or your injuries on social media.

Questions

Should I call the police after a minor car accident?

Call if anyone is hurt or the other driver left.¹ For a small crash, ask the dispatcher if an officer will come. A report makes the claim easier.

Do I have to talk to the other driver's insurance company?

Usually you do not have to give them a recorded statement. You can give basic facts and ask them to put questions in writing.

What if the other insurer says both of us were at fault?

Ask for the reason in detail and in writing.⁹ In many states, shared fault lowers a claim but does not end it.

Can my doctor keep my records if I owe money?

No. A provider cannot deny you a copy because you have not paid your bill.¹³

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Sources

Texas Department of Insurance, checked 2026-11-08. “If someone was injured or the other driver drove away, call the police.”
Texas Department of Insurance, checked 2026-11-08. “Get a copy of the police report for your insurance company.”
Texas Department of Insurance, checked 2026-11-08. “Also get pictures of street signs and road angles.”
Texas Department of Insurance, checked 2026-11-08. “Their insurance should pay for your car repair, medical bills, and a rental car.”
NHTSA, checked 2026-11-08. “projecting that 39,345 people died in traffic crashes”
NHTSA, checked 2026-11-08. “Nearly 50% of those killed were not buckled (based on known seat belt use).”
California Department of Insurance, checked 2026-11-08. “Obtain names, addresses, and telephone numbers of other passengers and any witnesses.”
Texas Department of Insurance, checked 2026-11-08. “Say both drivers were at fault and want you to pay some of your costs.”
Texas Department of Insurance, checked 2026-11-08. “If the other insurance says they won’t pay you, ask for their reason in detail and in writing.”
Texas Department of Insurance, checked 2026-11-08. “Medical payments coverage pays your and your passengers’ medical bills.”
Washington Office of the Insurance Commissioner, checked 2026-11-08. “The insurer must approve, deny, or explain a delay in your claim within 30 days after you start your claim.”
Texas Department of Insurance, checked 2026-11-08. “If you went to a doctor, keep medical records and bills to show your insurance company.”
U.S. Department of Health and Human Services, checked 2026-11-08. “A provider cannot deny you a copy of your records because you have not paid for the services you have received.”
California Department of Insurance, checked 2026-11-08. “Do not give statements or discuss the accident with anyone except a verified representative of your company.”

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