Renter & Consumer Rights
The moments after a car accident are stressful and disorienting. Knowing exactly what to do — and what not to do — can protect your health, your legal rights, and your insurance claim.
At the Scene
1. Stop and Stay Calm
Never leave the scene of an accident — doing so can result in criminal hit-and-run charges even if the accident was not your fault. Move your vehicle out of traffic if it is safe to do so, turn on your hazard lights, and take a breath.
2. Check for Injuries
Check yourself and your passengers for injuries. Call 911 immediately if anyone is hurt. Do not attempt to move an injured person unless there is an immediate danger such as fire — you could make their injuries worse.
3. Call the Police
Call the police even for minor accidents. A police report creates an official record of what happened and is often required by insurance companies. When officers arrive, give them accurate information but stick to the facts — do not speculate about fault or apologize.
4. Exchange Information
Get the following from every driver involved:
- Full name and contact information
- Driver’s license number
- License plate number
- Insurance company and policy number
- Vehicle make, model, and year
5. Document Everything
Use your phone to photograph the damage to all vehicles, the positions of the vehicles, skid marks, road conditions, traffic signs, and any visible injuries. Get the names and contact information of any witnesses. The more documentation you have, the stronger your position will be.
What NOT to Say at the Scene
- Do not apologize — even saying “I’m sorry” can be used as an admission of fault
- Do not admit fault — you may not have the full picture of what happened
- Do not speculate about speed, conditions, or what caused the accident
- Do not agree to settle on the spot — injuries and damage often aren’t fully apparent immediately
After You Leave the Scene
Seek Medical Attention
See a doctor as soon as possible — even if you feel fine. Many injuries such as whiplash, concussions, and internal injuries don’t show symptoms immediately. Delaying medical care can also hurt your legal claim, as insurers may argue your injuries weren’t caused by the accident.
Notify Your Insurance Company
Report the accident to your own insurance company promptly — most policies require timely reporting. Give them the facts but be careful about making recorded statements until you understand your rights. You are generally not required to give a recorded statement to the other driver’s insurance company.
Keep a Record of Everything
Keep copies of the police report, all medical records and bills, repair estimates, rental car receipts, and any correspondence with insurance companies. Track missed work days and any other expenses related to the accident.
Consider Consulting a Personal Injury Attorney
If you were injured, the accident involved significant property damage, fault is disputed, or the insurance company is offering a low settlement, consult a personal injury attorney. Most work on contingency — meaning no upfront cost — and can often negotiate significantly higher settlements than individuals receive on their own.
Statute of Limitations
Every state has a deadline — called the statute of limitations — for filing a personal injury or property damage lawsuit after a car accident. This typically ranges from 2 to 3 years depending on your state. Missing this deadline means losing your right to sue entirely, so don’t delay if you are considering legal action.
Key Takeaways
- Never leave the scene — call 911 and wait for police even for minor accidents
- Document everything with photos and get witness information
- Never apologize or admit fault at the scene
- See a doctor immediately even if you feel fine
- Report to your own insurer promptly but be cautious with recorded statements
- Consult a personal injury attorney if you were injured or fault is disputed
- Know your state’s statute of limitations for filing a lawsuit
Disclaimer: The information on LegalConsultants.com is provided for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.