How a collision gets documented and who pays for the damage
When two vehicles collide — whether one was doing donuts in a parking lot or both were moving on a road — the process that follows is the same. Police respond (or don't, depending on where it happened), insurance companies investigate, and one driver's policy typically covers the other's repairs. The driver who caused the accident is legally responsible, but that responsibility flows through their insurance company, not directly from their pocket in most cases.
The order of events matters. First, both drivers exchange insurance information at the scene. Second, police write a report if they respond — this report becomes evidence later but does not determine fault by itself. Third, each driver's insurance company investigates independently. Fourth, the at-fault driver's insurer pays the other driver's claim, or both drivers' insurers negotiate if fault is shared. Understanding this sequence helps you know what to do when ready after impact and what to expect in the weeks that follow.
Key Takeaways
- At the accident scene, get the other driver's name, phone number, address, insurance company name, policy number, and vehicle details — do not leave without this information.
- Call police to report the accident if anyone is injured, if there is significant damage, or if the other driver refuses to exchange information; police reports create an official record but do not decide who pays.
- Report the accident to your own insurance company within 24 to 48 hours, even if you believe the other driver was at fault, because delays can complicate your claim.
- The at-fault driver's insurance pays for the other driver's repairs and medical bills; if that driver disputes fault, both insurers may investigate and negotiate before either pays.
- If the at-fault driver has no insurance or insufficient coverage, your own uninsured or underinsured motorist coverage may cover your losses instead.
What to do when ready after the vehicles collide
Move to safety first. If both vehicles can drive and traffic allows, move them out of the roadway to prevent a second accident. If either vehicle cannot move or you are on a busy highway, turn on hazard lights, stay inside the vehicle with your seatbelt on, and call 911.
Once you are in a safe location, exchange information with the other driver. Write down their full name, phone number, home address, driver's license number, vehicle make and model, license plate, and insurance company name and policy number. Take photos of both vehicles' damage, the accident scene, street signs showing the location, and the other driver's insurance card and license. Do not discuss fault or apologize — stick to facts like "I was stopped at the light" or "I was turning left." Insurance investigators will determine who caused the accident based on evidence, not on what either driver said at the scene.
If there are witnesses, ask for their names and phone numbers. If police respond, get the officer's name and badge number and ask when the report will be available. Police reports are usually ready within a few days and can be obtained from the police department's website or by calling the non-emergency line.
When to call police and what the report does
Call 911 if anyone is injured, if either vehicle is not drivable, if the other driver is hostile or refuses to exchange information, or if you suspect the other driver was impaired. In a parking lot accident with minor damage and both drivers cooperative, police may not respond — many departments do not send officers to low-speed collisions in private property. In that case, you still report the accident to your insurance company.
A police report creates an official record of what officers observed — skid marks, final vehicle positions, weather conditions, and statements from both drivers and witnesses. It does not determine fault. Insurance companies use the report as one piece of evidence, but they conduct their own investigation. If the report says one driver was cited for reckless driving (like doing donuts), that strengthens the case that the other driver was not at fault, but the citation itself is not the final word on liability.
How insurance companies investigate and assign fault
After you report the accident to your insurer, a claims adjuster is assigned. The adjuster reviews the police report, your photos, the damage to both vehicles, and statements from both drivers. They may also request medical records if anyone was injured. The at-fault driver's insurance company does the same investigation independently.
Fault is determined by state law and the specific facts of the accident. In a parking lot, the driver doing donuts is almost certainly at fault because they were operating the vehicle recklessly and struck another vehicle. On a road, fault depends on who violated a traffic law — running a red light, failing to yield, speeding, or driving recklessly. If both drivers contributed to the accident, some states allow shared fault, meaning each driver's insurance pays a percentage of the other's damages.
The at-fault driver's insurer then pays the other driver's claim for vehicle repairs, rental car costs while repairs are underway, and medical bills from the accident. This payment comes from the at-fault driver's liability coverage, which is required by law in every state. The at-fault driver does not pay out of pocket unless their coverage limits are too low to cover all damages.
What happens if the at-fault driver has no insurance
If the other driver has no insurance or cannot be identified (hit-and-run), your own uninsured motorist coverage pays for your repairs and medical bills. This coverage is optional in most states but required in a few. If you do not have it, you would need to sue the uninsured driver directly to recover costs, which is difficult and often unsuccessful because uninsured drivers typically have few assets.
If the at-fault driver has insurance but the damage exceeds their coverage limits, your underinsured motorist coverage fills the gap. For example, if the other driver's liability limit is $25,000 but your repairs and medical bills total $50,000, your underinsured coverage pays the additional $25,000 (up to your own limit). Check your policy to see what limits you have.
The timeline from accident to payment
The first 48 hours are critical. Report the accident to your insurance company as soon as possible — most policies require notice within a set timeframe, often 30 days, but reporting early protects your claim. Get the police report number if one was filed. Take photos if you have not already.
Within one to two weeks, the claims adjuster contacts you to schedule an inspection of your vehicle. Bring your photos and any medical records if you were injured. The adjuster also contacts the other driver and their insurer. If fault is clear (like a reckless driver hitting a stationary vehicle), the at-fault insurer may accept liability quickly. If fault is disputed, both insurers may take two to four weeks to investigate before either pays.
Once liability is accepted, the at-fault insurer authorizes repairs. You can choose your own repair shop or use one the insurer recommends. Repairs typically take one to three weeks. Once repairs are complete, the insurer pays the repair shop directly, and you receive any deductible reimbursement if the at-fault driver was at fault. Medical claims take longer — insurers may wait for final medical records before paying, which can stretch to two to three months if you are still receiving treatment.
What to do if the other driver disputes fault
If the at-fault driver's insurer denies your claim or disputes who caused the accident, ask your own insurer to pursue the claim on your behalf through their subrogation process. Your insurer may negotiate with the other insurer or file a claim in small claims court if the damage is under the court's limit (usually $5,000 to $10,000, depending on your state).
If the dispute cannot be resolved and you believe the other driver was clearly at fault, you can file a claim in civil court yourself. You will need the police report, photos, witness statements, and repair estimates. Small claims court does not require a lawyer and is designed for disputes under a set dollar amount. Regular civil court requires a lawyer and is more expensive but handles larger claims.
How reckless driving affects the claim
If the other driver was doing donuts — spinning the vehicle intentionally — they were operating it recklessly. Reckless driving is illegal in every state and often results in a citation. A citation for reckless driving strengthens your claim because it shows the other driver violated traffic law. The police report will note the reckless behavior, and the at-fault driver's insurer will likely accept liability quickly rather than defend a reckless driver in court.
Reckless driving may also affect the at-fault driver's insurance rates and policy renewal. Their insurer may raise their premium or decline to renew their policy after a reckless driving citation. This does not affect your claim, but it is a consequence the other driver faces.
Frequently Asked Questions
Do I have to use the repair shop the insurance company recommends?
No. You can choose any licensed repair shop. The insurer may suggest a preferred shop because they have an established relationship, but you have the right to use your own mechanic or dealership. Get a repair estimate from your chosen shop and submit it to the insurer for approval.
What if my vehicle is worth less than the cost to repair it?
The insurer declares the vehicle a total loss and pays you its actual cash value — what the vehicle was worth when ready before the accident, not what you paid for it. You can dispute the valuation if you believe it is too low by providing evidence of recent repairs, low mileage, or good condition. If you still disagree, you can hire an independent appraiser.
Can I get a rental car while mine is being repaired?
Yes, if the at-fault driver's liability coverage includes rental reimbursement, or if your own policy includes rental coverage. The insurer typically covers a rental car of similar size and type to your vehicle. Rental costs are usually capped at $30 to $50 per day, depending on your policy and state law.
How long do I have to file a claim after an accident?
Your insurance policy requires notice within a set timeframe, usually 30 days, but report the accident within 24 to 48 hours to protect your claim. For filing a lawsuit against the other driver if insurance does not cover your losses, the time limit is set by your state's statute of limitations — typically two to six years for property damage and one to three years for personal injury, depending on your state.
Will my insurance rates go up even though the other driver was at fault?
Not if the other driver was clearly at fault and your insurer accepts the claim without dispute. Your rates should not increase for an accident you did not cause. However, if fault is shared or unclear, your rates may increase. Ask your insurer whether the accident will affect your premium before you file the claim.