The right response after a car accident is to protect people, report the crash, document the scene, seek medical care, and protect your legal and insurance rights.
Call 911 if anyone is injured. Do not admit fault, sign a settlement release, or give the other driver's insurer a detailed recorded statement before you understand your rights.
You should speak with a car accident lawyer if you were injured, missed work, have major vehicle damage, face a dispute about fault, are dealing with an uninsured driver, or feel pressured to settle. If you have already hired a lawyer, follow your treatment plan, send the lawyer relevant documents, and direct the other driver's insurer to your lawyer.
Car Accident: Immediate Action Checklist
| Situation | What to do next | Is a lawyer appropriate? |
|---|---|---|
| Anyone is injured | Call 911, request medical care, and wait for police | Yes, especially for serious or continuing injuries |
| Property damage only | Exchange information, photograph the vehicles, notify your insurer, and obtain repair estimates | Often optional if fault and damages are clear |
| Fault is disputed | Avoid arguing, document the scene, obtain the police report, and notify your insurer | Yes, consult a lawyer before settlement |
| Hit-and-run or uninsured driver | Call police, preserve evidence, and check uninsured motorist coverage | Yes |
| Serious injury, death, or permanent impairment | Obtain medical treatment and preserve all records and expenses | Yes, promptly |
| You have already hired a lawyer | Follow instructions, provide documents, attend medical appointments, and route insurer calls to counsel | Continue cooperating with your lawyer |
What should you do at the accident scene?
At the scene, protect people, call the police, exchange basic information, and preserve evidence.
1. Protect people first
Move to a safe location if you can do so without creating another danger. If anyone is injured, call 911 and tell the dispatcher where the crash occurred and what injuries you can observe. The National Association of Insurance Commissioners recommends moving a drivable vehicle out of traffic when it is safe to do so.
Do not leave the scene unless emergency medical treatment or law enforcement directs you to leave.
2. Call the police
Ask the responding officer how to obtain the accident report and report number. A police or incident report may document the location, vehicles, witnesses, and the drivers' initial accounts of the collision.
Reporting requirements differ by state. For example, California requires a driver to file an SR-1 with the Department of Motor Vehicles within 10 days when someone is injured or killed, or property damage exceeds $1,000. This requirement applies in addition to reports made to police or an insurance company. Other states have different rules and deadlines. See the California DMV accident-reporting guidance.
3. Exchange basic information
Collect and provide:
- Full names and contact information
- Driver's license information
- Insurance company and policy information
- Vehicle make, model, color, and license plate number
- Names and contact details for witnesses
- The responding officer's name, badge number, and agency
Do not argue about who caused the accident. Be courteous and describe what happened accurately, but avoid statements such as, "The crash was entirely my fault." The NAIC recommends collecting information without admitting fault at the scene.
4. Photograph and preserve evidence
If it is safe, photograph:
- All vehicles from several angles
- License plates
- Damage to your vehicle and the other vehicles
- Road signs, traffic lights, lane markings, and skid marks
- Weather, lighting, and road conditions
- Visible injuries
- Debris or damaged property
- The surrounding intersection or roadway
Save dashcam footage, cellphone videos, vehicle telematics data, and relevant messages. Do not repair or dispose of damaged parts before your insurer or lawyer has had a reasonable opportunity to inspect them.
What should you do during the first 24 to 72 hours?
During the first 24 to 72 hours, seek medical care, notify your insurer, preserve records, and avoid settling before you understand the extent of your losses.
Seek medical care for injuries
Obtain prompt medical attention for any injury caused by the crash and follow your provider's instructions. Keep copies of medical records, bills, prescriptions, mileage, and appointment information.
Medical records can help show the nature and extent of an injury, the cost of treatment, the expected recovery, and whether future care may be needed. The American Bar Association discusses the collection of medical records in injury claims.
Keep a short daily record of pain, mobility problems, sleep disruption, missed work, and activities you cannot perform. This record does not replace medical documentation, but it can help preserve details that may otherwise be forgotten.
Notify your own insurance company
Report the accident to your insurer as soon as reasonably possible. Ask for:
- The claim number
- The adjuster's name and contact information
- Available medical payments or personal injury protection coverage
- Collision coverage and deductible information
- Rental vehicle coverage
- Uninsured or underinsured motorist coverage
- Instructions for vehicle inspection and repairs
Your policy may require prompt notice even when another driver appears responsible. Cooperate truthfully with your own insurer, but consider asking a lawyer to review difficult questions, recorded statements, coverage disputes, or requests for broad medical authorizations.
Coverage varies by policy and state. Liability, collision, medical payments, personal injury protection, and uninsured or underinsured motorist coverage serve different purposes. The NAIC explains the main types of auto insurance coverage.
Do not accept a quick settlement
An insurance company may offer money for vehicle damage or an injury before you know the full cost of treatment. A settlement usually requires you to sign a release that ends further claims against the responsible party.
The American Bar Association explains that accepting a personal injury settlement generally involves releasing the other party from further liability. The decision belongs to the client, although a lawyer can assess the likely value and risks of settling.
When should you hire a car accident lawyer?
You should arrange a consultation with a car accident lawyer when the accident involves an injury, disputed responsibility, substantial losses, coverage problems, or settlement pressure.
Consider speaking with a lawyer if:
- You went to the emergency room, required hospitalization, or need continuing treatment.
- You suffered a head injury, fracture, spinal injury, internal injury, or possible permanent impairment.
- You missed work or lost income.
- The other driver disputes responsibility.
- Multiple vehicles, passengers, or potentially responsible parties are involved.
- The at-fault driver was uninsured or underinsured.
- A commercial truck, rideshare vehicle, delivery driver, or government vehicle was involved.
- The insurance company denies liability, delays the claim, or makes a low settlement offer.
- Your injuries may require future treatment.
- A family member died in the collision.
- You are unsure about the filing deadline or insurance requirements.
The American Bar Association identifies serious accidents involving personal injury or substantial property damage as situations in which legal advice may be appropriate.
A lawyer may be less necessary when there was no injury, vehicle damage is minor, fault is undisputed, both insurers are cooperating, and you understand the proposed payment. You can still arrange a consultation before signing anything.
What happens after you hire a car accident lawyer?
After you hire a car accident lawyer, the lawyer will usually review the claim, gather evidence, communicate with insurers, assess damages, negotiate, and file a lawsuit if necessary.
Reviewing the accident facts The lawyer evaluates liability, insurance coverage, available evidence, and potential damages.
Gathering documents and evidence This may include the police report, photographs, witness information, vehicle records, medical records, medical bills, wage-loss documentation, and repair estimates.
Communicating with insurers The lawyer may handle liability discussions, settlement negotiations, document requests, and communications with the insurance company.
Calculating damages The claim may include medical expenses, lost wages, vehicle damage, out-of-pocket costs, and compensation for pain and other losses when allowed by state law. The amount depends on the evidence and the law that applies to the claim.
Negotiating a settlement Your lawyer may prepare a demand supported by evidence and negotiate with the insurer. You should receive and review settlement recommendations before making the final decision.
Filing a lawsuit when necessary If negotiations fail or a deadline requires action, the lawyer may file a personal injury or property damage lawsuit and handle the litigation process.
What should you do after hiring the lawyer?
After hiring a lawyer, give accurate information, preserve documents, follow medical instructions, and send the lawyer communications from insurers or other parties.
You should:
- Give the lawyer a complete and honest account of the accident.
- Send every insurance letter, email, bill, medical record, and settlement offer.
- Provide the names of all medical providers.
- Attend medical appointments and follow reasonable treatment instructions.
- Tell the lawyer if symptoms worsen or new treatment is recommended.
- Keep records of missed work, transportation costs, prescriptions, and other expenses.
- Forward calls and letters from the other driver's insurer to your lawyer.
- Avoid posting details, photographs, or opinions about the accident publicly.
- Ask before speaking with opposing counsel, an opposing insurer, or an investigator.
- Ask how often the lawyer will update you and who your primary contact will be.
A lawyer should keep a client reasonably informed about a legal matter so the client can make informed decisions. The American Bar Association discusses this communication duty.
How much does a car accident lawyer cost?
Many personal injury lawyers use a contingency-fee arrangement. The lawyer's fee depends on recovering money through a settlement or judgment. The percentage, litigation expenses, medical liens, and other payment obligations vary by lawyer and state.
Read the written engagement agreement before signing it. Under ABA Model Rule 1.5, a contingent-fee agreement identifies the fee percentage, how expenses are handled, and whether expenses are deducted before or after calculating the fee. State rules may differ.
Ask these questions before hiring a lawyer:
- What percentage applies if the case settles before a lawsuit?
- Does the percentage increase if the case goes to trial?
- Who pays filing fees, expert fees, investigation costs, and medical-record charges?
- Are expenses deducted before or after the lawyer's percentage?
- What happens if there is no recovery?
- Who will communicate with the insurance adjuster?
- Which decisions require my approval?
Do not miss the legal deadline
Every state has statutes of limitations that restrict how long you have to file a lawsuit. The deadline depends on the type of claim, the parties involved, and the state where the accident occurred.
Insurance notice deadlines and government-claim deadlines may differ from the deadline for filing a personal injury lawsuit. The American Bar Association notes that some states provide as little as one year for certain automobile injury claims.
Contact a lawyer promptly if you were injured. Waiting can make evidence harder to preserve and may reduce your legal options.
Bottom line
Use the nature of the claim to guide the decision. A consultation is especially sensible when an injury, lost income, disputed fault, uninsured driver, serious property damage, or settlement pressure is involved. For a clear property-damage-only claim with no injury, a lawyer may be optional.
This article provides general U.S. information, not legal advice. Insurance rules, deadlines, and available damages depend on the state where the accident occurred.