What to Do After a Car Accident That Is Not Your Fault
Step-by-step actions to protect yourself when another driver causes a crash, from the scene to dealing with their insurance company.
Being hit by someone else is stressful, and what you do in the first days can affect your health and any claim. Follow these steps, and remember that being not at fault does not mean the other driver's insurer will automatically treat you fairly.
At the scene
- Check yourself and others for injuries and call emergency services if needed.
- Move to a safe place if possible and turn on hazard lights.
- Call the police and ask that a report be filed.
- Exchange names, phone numbers, license plate numbers and insurance information.
- Photograph the vehicles, the road, traffic signs, skid marks and any injuries.
- Collect witness names and contact details.
- Do not admit fault or speculate about what happened.
The next 24 to 48 hours
- See a doctor even if you feel okay, and tell them about the crash.
- Report the accident to your own insurance company.
- Start a folder for bills, receipts, the police report and letters.
- Write down your memory of the accident while it is fresh.
Dealing with the other driver's insurer
The other driver's insurer will probably contact you. You are generally only required to cooperate with your own insurer. Many people choose to get advice before giving a recorded statement to the other side's insurer, and they avoid signing releases or accepting a quick settlement until their injuries are understood.
What you may be able to claim
- Medical bills, current and future
- Vehicle repair or replacement
- Lost income and reduced earning ability
- Pain and suffering
- Other related costs such as a rental car
Mistakes to avoid
- Skipping medical care or follow-up appointments
- Posting about the crash or your activities on social media
- Accepting the first offer before you know the full extent of injuries
- Missing deadlines for claims and lawsuits
Frequently asked questions
Should I call my own insurance company if the accident wasn't my fault?
Yes. Most policies require prompt notice, and your insurer can help with repairs and coverage such as MedPay or uninsured motorist protection.
Do I have to give the other insurer a recorded statement?
Usually you are not required to. Consider getting advice before agreeing.
How long do I have to file a claim?
Deadlines vary by state and claim type. See our guide to statutes of limitations by state and ask an attorney.