Navigating the moments after a car accident is stressful and confusing. However, the actions you take are governed by specific legal and contractual duties. Following these steps carefully is essential to protect your legal rights, meet your reporting obligations, and safeguard your financial well-being.
What Should You Do First After an Accident?
The first steps you need to take after an accident involve stopping at the scene and providing assistance and your information.
- Stopping at the Scene: You must stop your vehicle as close to the scene of the accident as is safely possible. Fleeing the scene is known as a hit-and-run and carries severe penalties, including fines, license suspension, and potential jail time, especially if someone was injured or killed.
- Rendering Aid: You have a duty to provide “reasonable assistance” to anyone injured. This typically means calling 911 for medical help. You are generally protected by “Good Samaritan” laws from liability for trying to help, as long as you act reasonably.
- Exchanging Information: You are legally required to exchange the following information with the other driver(s):
- Name and address
- Driver’s license number
- Vehicle registration number
- Insurance company name and policy number
Should You Call the Police?
Whether you are legally required to call the police depends on the severity of the accident and state law.
- When It’s Required: Nearly all states legally require you to report an accident to the police if:
- There is any injury or death.
- Property damage exceeds a certain amount (this varies by state but is often between $500 and $2,500).
- Why It’s Recommended (Even if Not Required): Even for a minor fender-bender, it is highly advisable to call the police. The police report helps create an official record and can serve as useful evidence in a later claim.
Should You Contact the DMV?
Contacting the DMV after an accident is a separate requirement from reporting to the police and is often overlooked.
- Many states require you to file your own accident report directly with the Department of Motor Vehicles (DMV) if the accident resulted in injury, death, or property damage over a specific threshold.
- This has its own deadline, often within 10 days of the accident. Failing to file can result in the suspension of your driver’s license.
Should You Report the Accident to Your Insurance Company?
Yes, reporting the crash is a contractual obligation required by your insurance policy.
- Your policy requires you to report any accident in a “timely” manner. If you fail to do so, your insurance company could deny your claim for damage to your car and any liability claim made against you.
- Report the accident even if you believe you are not at fault or there is little damage. The other driver could still file a claim against you later. Your insurance company needs to be prepared to defend you.
What Should You Do in a Hit-and-Run or With an Uninsured Driver?
Here’s what you need to do if the other driver flees the scene or doesn’t provide proof of insurance.
- In a Hit-and-Run: Your priority is safety and documentation. Do not pursue the other driver. Instead, immediately write down everything you can remember: the vehicle’s make, model, color, and any part of the license plate number. Note the time and a description of the driver. Call 911 immediately to file a police report; this report is critical evidence.
- If the Driver is Uninsured or Uncooperative: If the other driver refuses to provide information or states they have no insurance, do not engage in an argument. Call the police to the scene to document the situation officially.
- Contact Your Insurer: This is where your own policy protects you. A police report is essential to file a claim under your Uninsured Motorist (UM) coverage, which can cover your injuries and other losses. If the at-fault driver has insurance but not enough to cover your damages, your Underinsured Motorist (UIM) coverage may apply.
What Should You Say After an Accident?
What you say after a crash is one of the most critical legal aspects at the scene and in your reports.
- Avoid Admitting Fault: Statements like “I’m so sorry, this was my fault” or “I wasn’t looking” can be used against you by the other driver’s insurance company or attorney to prove you were negligent.
- What to Say Instead: Focus on facts (“The other car pulled out in front of me”), inquire about well-being (“Are you okay?”), and keep it simple (“Let’s exchange information”). While it’s natural to say “I’m sorry,” it is safer to express concern for the other person’s well-being.
- Be Accurate and Honest: Never lie to the police or your insurance company. Filing a false report is a crime. Stick to the facts you know and state clearly what you are unsure about.