when ready actions to take at the scene
If you have just been hit by another vehicle, your first priority is safety. Move to a safe location if the vehicles are drivable and it is legal to do so — many states require you to move out of traffic lanes. Turn on hazard lights, set up warning triangles or flares if you have them, and call 911 if anyone is injured or if there is significant damage.
Do not admit fault, apologize for the accident, or make statements about what happened beyond basic facts. Anything you say at the scene can be used against you later. Stick to "I was hit" and let the police report document what occurred. If the other driver is aggressive or you feel unsafe, stay in your locked vehicle and wait for police.
Take photos of all vehicle damage, the accident scene, road conditions, traffic signs, and the other driver's vehicle and license plate. Get the other driver's name, phone number, address, driver's license number, vehicle make and model, license plate, and insurance company name and policy number. If there are witnesses, get their names and phone numbers — do not rely on the other driver or police to collect this for you.
Key Takeaways
- Call 911 if anyone is injured or if there is significant damage, and move vehicles to safety if possible before police arrive.
- Do not admit fault or discuss what happened beyond basic facts; let the police report and photos document the scene.
- Collect the other driver's insurance information, license plate, and contact details, plus names and numbers of any witnesses.
- Report the accident to your own insurance company within the timeframe stated in your policy, usually within 24 to 48 hours.
- Keep all medical records, repair estimates, and correspondence in one place, and do not sign anything the other driver's insurance company sends without understanding it first.
How police reports work and what they contain
When police arrive, they will interview both drivers and any witnesses, inspect the vehicles, and document road conditions and traffic signals. The officer will write a report that includes their observations, statements from both parties, and sometimes a information of fault — though fault findings in police reports are not legally binding and insurance companies make their own decisions.
Request a copy of the police report before you leave the scene if possible, or ask the officer for the report number and which police department to contact. You will need this report number to file a claim with the other driver's insurance company. Police reports typically take three to seven business days to be available, and you can usually request them online through your local police department's website or by phone.
Reporting to your own insurance company
Contact your insurance company as soon as possible — most policies require you to report accidents within 24 to 48 hours. Have your policy number, the police report number, and the other driver's insurance information ready. Your insurance company will assign a claims adjuster who will contact you to discuss the accident and arrange an inspection of your vehicle.
Be factual and consistent when speaking with your adjuster. Stick to what you know happened, not what you think happened or what you heard from others. Your insurance company is not your lawyer; they are investigating the claim to determine their own liability. Do not sign any documents or agree to any settlement without reading them carefully.
Understanding property damage and liability claims
If the other driver was at fault, their insurance company is responsible for paying for your vehicle repairs and other property damage. This is called a liability claim. The other driver's insurance company will contact you, and they may ask you to provide a recorded statement. You are not required to give a recorded statement to the other driver's insurance company — you can decline politely and refer them to your own insurance company.
Get repair estimates from at least two body shops and provide them to both insurance companies. If the estimates differ significantly, the insurance companies may hire their own appraiser. Do not agree to repairs at a shop the other driver's insurance company recommends without checking reviews and getting your own estimate first.
If your vehicle is declared a total loss, the insurance company will offer you a settlement based on the vehicle's fair market value before the accident. You can dispute this valuation by providing comparable vehicle listings from Kelley Blue Book, NADA Guides, or local dealerships.
Medical treatment and injury claims
Seek medical attention when ready if you have any pain, stiffness, or visible injuries, even if you feel fine at first. Some injuries like whiplash or internal bruising appear hours or days after an accident. Keep all medical records, bills, and receipts — these are essential if you later pursue a claim for medical expenses.
If you have health insurance, use it to pay for initial treatment. If you do not, ask the medical provider about payment plans or whether they will wait for a settlement before billing you. Do not agree to let the other driver's insurance company pay your medical bills directly unless you understand the terms — some arrangements require you to repay the insurance company from any settlement you receive.
If your injuries are significant or ongoing, consider consulting with a personal injury attorney before accepting any settlement offer. Many attorneys work on contingency, meaning they take a percentage of your settlement and you pay nothing upfront. An attorney can help you understand whether the insurance company's offer is fair.
When to contact a lawyer
You should consider speaking with a personal injury attorney if you have significant injuries, if the other driver was uninsured or underinsured, if you are being blamed for an accident you did not cause, or if the insurance company is refusing to pay. Many attorneys offer free initial consultations and can review your case in 15 to 30 minutes.
Find attorneys through your state bar association's referral service, through the American Association for Justice, or by asking friends and family for recommendations. Do not hire an attorney based on advertising alone — ask about their experience with car accident cases and what percentage of cases they settle versus take to trial.
Documents to keep and organize
Create a folder — digital or physical — and keep everything related to the accident in one place. This includes the police report, photos from the scene, the other driver's insurance information, your insurance company's claim number, all medical records and bills, repair estimates and invoices, rental car receipts if applicable, and any correspondence with insurance companies or the other driver.
Do not post about the accident on social media, and do not discuss it with anyone except your doctor, lawyer, and insurance company. Statements you make online can be used against you in a claim or lawsuit. If the other driver or their insurance company contacts you, you can respond politely but keep responses brief and factual.
Frequently Asked Questions
Do I have to give a recorded statement to the other driver's insurance company?
No. You can politely decline and direct them to contact your insurance company instead. Recorded statements can be used against you if there is a dispute about fault. Your own insurance company will handle communication with the other side.
What if the other driver does not have insurance?
Contact your own insurance company when ready. Most policies include uninsured motorist coverage, which pays for your damages when the at-fault driver has no insurance. You will file a claim with your own company, and they may pursue the other driver to recover costs.
How long do I have to file a claim?
Most insurance policies require you to report the accident within 24 to 48 hours. For legal claims against the other driver, your state's statute of limitations typically allows two to six years, depending on your state. Do not wait — report to your insurance company right away.
Can I choose my own repair shop?
Yes. You have the right to use any licensed repair shop you choose, even if the insurance company recommends a different one. Get your own estimate and compare it to the insurance company's estimate. If they differ significantly, you can request an independent appraisal.
What should I do if the insurance company denies my claim?
Request a written explanation of why the claim was denied. Review your policy to understand the coverage limits and exclusions. If you believe the denial is wrong, you can file a complaint with your state's insurance commissioner or consult with an attorney about your options.