A car accident is stressful even when nobody is hurt. What you do in the first hour and the first few days often decides how smoothly the claim goes later. Here are the steps that apply in every state, and how fault rules and disputes work.
At the scene: safety first
- Check for injuries and call 911 if anyone is hurt, if a vehicle is blocking traffic or if the other driver seems impaired or refuses to cooperate.
- Make the scene safe. If the cars can move and local rules allow it, pull out of traffic, turn on hazard lights and use flares or triangles.
- Do not leave before exchanging information. Leaving the scene of an accident can be a crime under state law.
- Stay factual. Describe what happened to the police, but do not argue about blame or sign anything you have not read. Fault is decided later by the insurers, and sometimes by a court.
Evidence to collect
Your phone is the best claim tool you have. Before the vehicles are moved, if it is safe, record:
- names, phone numbers, addresses and driver's license numbers of all drivers;
- insurance company and policy number of every vehicle involved, plus plate numbers and vehicle descriptions;
- photos of all vehicles from several angles, skid marks, traffic signs, signals, road and weather conditions;
- names and contacts of witnesses, and the responding officer's name and report number.
Write a short account of what happened the same day, while details are fresh. If you feel pain later, see a doctor promptly: medical records made close to the accident carry much more weight than a visit weeks later.
Reporting: police, DMV and your insurer
Reporting rules are set by each state. Many states require a police or DMV report when someone is injured or when property damage exceeds a threshold set in state law, and the deadlines vary. Check your state DMV website the same week.
Notify your own insurer quickly even if you believe the other driver was at fault. Almost every auto policy requires prompt notice and your cooperation with the investigation, and late notice can complicate a claim.
Fault states vs no-fault states
In most states the driver who caused the crash, through his or her liability insurer, pays for the other people's injuries and property damage. According to the Insurance Information Institute, 12 states and Puerto Rico use a no-fault system for injuries instead. There, your own personal injury protection (PIP) pays your medical bills and some lost income regardless of who caused the crash, and the right to sue the other driver is limited:
- Verbal threshold (you can sue only for injuries that meet a legal definition of seriousness): Florida, Michigan, New Jersey, New York and Pennsylvania.
- Monetary threshold (you can sue once medical costs pass a dollar amount): Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota and Utah.
- Choice no-fault: in New Jersey, Pennsylvania and Kentucky drivers may reject the lawsuit restriction.
No-fault rules apply to injuries. Vehicle damage is still handled on a fault basis everywhere, through the at-fault driver's property damage liability or your own collision coverage. Many fault states also split responsibility by percentage (comparative negligence), so your payment can be reduced if you were partly at fault.
Which coverage pays for what
| Loss | Usually paid by |
|---|---|
| Other people's injuries and property | At-fault driver's bodily injury and property damage liability |
| Your medical bills | Your PIP or MedPay, then health insurance, or the at-fault driver's liability |
| Damage to your car | Other driver's liability or your collision coverage (minus your deductible) |
| Hit by an uninsured or hit-and-run driver | Your uninsured/underinsured motorist (UM/UIM) coverage |
UM/UIM coverage matters more than many drivers think. A February 2025 study by the Insurance Research Council estimated that 15.4% of US motorists were uninsured in 2023, and that one in three (33.4%) were either uninsured or underinsured. Minimum liability limits differ widely by state; see our guide to state minimum auto insurance requirements.
When you disagree with the insurer
Disputes after a crash usually concern who was at fault, the repair estimate, the value of a totaled car or the size of an injury settlement. Practical steps:
- Ask for the decision and the reasons in writing, with the policy wording the insurer relies on.
- Get an independent repair estimate or comparable vehicle listings to support your number.
- If your own insurer pays you under collision coverage, it will usually pursue the at-fault driver's insurer itself (subrogation) and may recover your deductible.
- If talks stall, file a complaint with your state insurance department. For injury claims with significant medical bills, consider consulting an attorney before you sign a release, because a release normally ends the claim for good.
More options are covered in what to do if your claim is denied.
Mistakes to avoid
- Admitting fault or guessing about speed and distances in statements.
- Authorizing repairs before the insurer has inspected the car or approved the estimate, unless the insurer agrees.
- Accepting a fast settlement for an injury before you know the full extent of the treatment.
Rules on reporting, fault and deadlines for lawsuits differ by state, so treat this guide as a general overview. If you want to review your auto coverage before the next renewal, request a quote or browse our auto insurance section.