What to Do After a Car Accident, From the Scene to Week 2

After a car accident, get safe, call 911 if anyone is hurt, trade information, and document the scene before the cars are moved. Then see a doctor within a few days, notify your insurer, and file any crash report your state requires. In California and New York that report is due within 10 days.

The steps below run in order, from the first minutes to the end of week 2.

At the scene

1. Stop and get out of traffic

You must stop after any crash you're involved in. The New York driver's manual says to stop "regardless of damage level." California's handbook gives the same instruction.

If the cars can move and no one is badly hurt, pull onto the shoulder. Turn on hazard lights, and set out flares or reflectors if you have them.

2. Call 911 if anyone is injured

The California Driver Handbook tells drivers to call 911 if anyone is hurt. New York requires you to notify police immediately if anyone is injured or killed.

Call even if the injury looks minor. An ambulance run sheet written 20 minutes after the crash is strong evidence that the injury came from it.

3. Get a police report, or file one yourself

A police report is the first neutral record of what happened. Ask the officer for a name, badge number and the report number, and where you can get a copy.

If police don't come, the Insurance Information Institute suggests filing an incident report at the nearest station or on the department's website.

4. Exchange the right information

New York's manual lists what to collect from every driver. Get the name, address, driver's license number, vehicle registration, and insurance company, policy number and effective date.

Photograph the other driver's license and insurance card instead of copying them by hand. It's faster and avoids typos.

5. Photograph everything before the cars move

Take wide shots showing where each car stopped, then close-ups of every damaged area. Add skid marks, debris, traffic signals, stop signs and any visible injuries.

Your phone stamps each photo with the time and location. That metadata can settle a later dispute over which lane a car was in.

6. Get witness names and numbers

Witnesses leave fast and are hard to find later. Ask each one for a name and phone number, and note where they were standing.

A 30-second phone video of a witness saying "the red truck ran the light" is worth more than a name alone.

7. Stick to facts when you talk

Say what you saw, not what you think it means. "I was stopped at the light" is a fact. "I'm so sorry, I didn't see you" can be read as admitting fault.

Fault percentages cut your recovery in most states. In 4 states and D.C., even 1% fault can bar it entirely. Our guide to comparative and contributory negligence shows how. Also avoid "I'm fine." You don't know yet.

In the first 72 hours

8. See a doctor

Get checked by an emergency room, urgent care or your own doctor within about 72 hours, even if you only feel stiff. No statute sets a 72-hour rule. The reason is evidence.

Insurance adjusters read medical records for gaps. If your first visit is 3 weeks after the crash, the adjuster will argue something else caused the injury, or that it wasn't serious.

Florida turns this into a hard rule. Under Fla. Stat. §627.736(1)(a), personal injury protection (PIP) pays medical benefits only if you receive initial care within 14 days after the accident.

Florida PIP pays 80% of reasonable medical expenses and 60% of lost income, up to $10,000. If a doctor doesn't find an emergency medical condition, medical benefits are capped at $2,500. See our Florida page.

9. Notify your own insurer

Call your insurer as soon as you can. The Insurance Information Institute says to report the crash "regardless of who is at fault," and most policies require prompt notice.

Give the date, place, other driver's details and the police report number. Ask about deadlines for submitting bills and whether your policy covers a rental car.

10. Be careful with the other driver's insurer

The other driver's insurer may call within a day or 2 and ask for a recorded statement. Your policy obliges you to cooperate with your own insurer, not with theirs.

You can decline or ask to respond in writing later. Our guide to dealing with insurance adjusters covers what to say.

In the first 10 days

11. File your state's crash report

Some states require a driver's own report even when police wrote one. Missing it can cost you your license.

• California. Each driver must file form SR 1 with the DMV within 10 days if anyone was hurt or killed, or damage topped $1,000. You must file "whether or not you caused the collision." Police won't file it for you, and your license will be suspended if you skip it.
• New York. File form MV-104 with the DMV within 10 days if anyone was hurt or killed, or one person's property damage topped $1,000. The DMV can suspend your license until the report is on file.

Check your own state's DMV site for its form and deadline. See our California and New York pages for local details.

By the end of week 2

12. Start a claim file

Keep one folder, paper or digital, with the police report, photos, every medical bill and receipt, and pay stubs showing missed work. Add a mileage log for trips to the doctor.

Write a short daily note about pain, sleep and what you couldn't do. A note that says "couldn't lift my 2-year-old, March 4" carries weight when you ask for pain and suffering damages.

13. Follow the treatment plan

Go to every follow-up and physical therapy visit. Missed appointments show up in records and give the adjuster a reason to cut the value of the claim.

14. Don't sign anything or post about it

Don't sign a release or accept a check in the first 2 weeks. A release ends the claim, and some injuries aren't fully known for months.

Skip social media posts about the crash or your activities. A photo from a birthday party can be used to argue you weren't hurt.

What to do next

1. Find your deadline to sue. It's 2 years in California and 3 in New York, and shorter against government agencies. See our statute of limitations guide.
2. Decide whether you need a lawyer. For a crash with only car damage and no injury, you often don't. Our guide on minor car accidents explains when one helps.
3. If you were hurt, ask any lawyer what percentage they charge and who pays costs if you lose. Ask how many claims they've handled against the other driver's insurer.
4. Compare local firms on our city rankings, which use Google Maps position and reviews.