Car Accidents – FAQ

Being involved in a car accident can leave you feeling confused and overwhelmed. You may have questions about insurance information, medical treatment, and options for recovery. FindLaw has compiled a list of frequently asked questions about car accidents and insurance claims to help you navigate these challenging circumstances.

If you are dealing with injuries, property damage, or disputes as to who is at fault, an experienced car accident attorney can help you. They can assist you in protecting your rights and ensuring you receive fair compensation. Find a car accident lawyer near you who understands your state’s laws. They can guide you through the difficult process.

What are my priorities after being in a crash?

Your immediate focus after the accident is safety. Ensure everyone involved seeks medical attention, even for minor discomfort. Call the police and document the accident scene. Take photos and collect phone numbers from all the parties and witnesses. You should also notify your insurance company as soon as you can.

Understanding these immediate steps after an accident is crucial to protect your health and legal rights. The following are critical considerations that you should be aware of:

• Seek medical attention within a few hours after the car accident. It is important to remember that your adrenaline could mask serious injuries that may not immediately appear.
• Contact law enforcement for car accidents involving injury, death, or property damage exceeding the threshold amount in your state.
• Document the accident scene by taking photos and collecting contact details.
• Notify your insurance company as quickly as possible. Call from the accident site if you can, as that allows them to open a case file.

We’ve prepared a printable after-the-accident checklist to keep in your vehicle’s glovebox. It walks you through all the important steps you should try to accomplish.

When should I report the crash to my insurance company?

Insurance companies often require you to notify them immediately after a car accident. Some car insurance policies have a specific timeframe to report in, such as within 24 hours or 72 hours after the accident. Insurance notification also varies by policy type and state law.

Although most insurance policies ask for prompt notification, state law may dictate a minimum allowable period to notify insurance companies. For example, in New York, you should notify your insurance company immediately if involved in an accident and within 30 days if you are injured. If you fail to notify them within this period, you should provide a written explanation for the cause of the delay.

Delayed reporting can sometimes increase your chances of claim denial or garner increased scrutiny from your insurance company. It’s a good idea to contact them right away. Insurance companies have contact information that you can reach out to 24/7.

The reporting requirement may vary depending on the insurance policy. You must follow these reporting requirements to prevent denial of your claim. If you are unsure about what your insurance policy says, you can call your insurance company to learn about the period for filing a claim.

What are the most common injuries from car accidents?

Car accidents can cause a wide range of injuries, from minor cuts to life-threatening trauma. Knowing what to look for can help ensure you get the correct medical care as quickly as possible. Let’s look at some of the more frequent injuries arising from auto accidents:

Neck injuries

One of the most common car accident injuries is whiplash. The rapid head movement causes lingering neck pain after an impact.

Head Trauma and Brain Injuries

Head impact represents a serious concern in collisions. It could cause traumatic brain injuries with lasting effects. The symptoms of head trauma may not appear immediately. Seek medical treatment for any head injury, even if it seems fine right after the accident.

Bone Fractures

The force of a collision frequently causes fractures in the legs, ribs, arms, wrists, and ankles. These range from simple fractures requiring a cast to complex breaks that need surgery.

Spinal Damage

Back and spine injuries can result in chronic discomfort, limitations in mobility, or, in severe cases, paralysis. High-impact car crashes and cars that roll over pose a great risk for damage to the spine.

Internal Organ Damage

Collision forces can damage internal organs and blood vessels. This causes internal bleeding that may not be obvious right away. Without treatment, this bleeding can be life-threatening.

Cuts and Wounds

Flying glass, metal debris, and loose objects can cause cuts and wounds. These wounds can be minor and only need first aid, but sometimes they require stitches or surgery.

Emotional and Psychological Effects

Crashes can cause serious mental health problems, including anxiety, depression, and post-traumatic stress. These mental health issues need the same attention and care as physical injuries.

Symptoms of car accident injuries may be delayed because of adrenaline and shock. Some victims of a car crash may also experience trauma, particularly in the head or damage to soft tissues, that may not manifest for hours or days after the accident. Seek treatment from a medical professional if involved in a car crash.

How do I prove the other driver is at fault?

An at-fault driver is usually determined by violation of traffic rules, eyewitness testimony, or evidence from the accident scene. To prove that someone is at fault in a car crash, you have to meet the standard of evidence that “more likely than not,” the other driver caused it.

Include pieces of evidence that could be helpful in proving fault, such as police reports, physical evidence (like damage patterns on the cars, tire marks, and scattered debris), and the final positions of the vehicles. Police officers will detail the car crash in their police report, which helps establish who’s at fault. Having a car accident attorney can be valuable to help you gather and present this evidence in your car accident case.

What is a car accident settlement?

When dealing with insurance companies, you may be offered a car accident settlement agreement. This form contains an agreement that the people involved in the car accident will resolve their differences and dismiss their claims for personal injury. It is also a form asking you to release the at-fault party from liability without going through court proceedings.

The car settlement contract contains the compensation that the parties agreed on to cover the losses after a car accident. This settlement amount often covers the following:

• Medical bills
• Ongoing expenses for rehabilitation or future medical treatment
• Lost income from time away from work
• Costs for vehicle repair
• Compensation for physical pain and emotional suffering

The settlement amount depends on various factors, such as the available insurance coverage, the strength of evidence that shows the other party is at fault, and the severity of the injury or damages. If you need help in understanding a car settlement agreement or would like guidance in reviewing the settlement contract, contact a car accident attorney. They can assist you in understanding your rights and ensure you receive the fair settlement you deserve.

Should I accept the insurance company’s settlement offer?

It’s advisable to consult a personal injury lawyer before accepting any settlement offer. An initial offer from the at-fault driver’s insurance company or your own might seem attractive, especially if you’re facing mounting medical bills and other expenses. Make sure it fully covers all of your accident-related costs before accepting it. Insurance companies tend to give lowball settlement offers as their first offer or when no attorney is involved.

The initial settlement offer may not take into account long-term medical expenses, future lost wages, or the full extent of property damage. In addition, non-economic damages like pain and suffering, mental anguish, and loss of enjoyment of life are often overlooked in initial offers.

What if the other driver left the scene?

A hit-and-run accident can be distressing. After ensuring your safety and notifying the police, contact your insurance carrier. If you have it, your uninsured motorist coverage can help with medical bills and car repair costs if the other driver can’t be identified.

As of October 2025, the following states require uninsured motorist bodily injury coverage (UMBI). This coverage covers the costs of injuries in car accidents involving uninsured drivers.

• Connecticut
• District of Columbia (D.C.)
• Illinois
• Kansas
• Maine
• Maryland
• Massachusetts
• Minnesota
• Missouri
• Nebraska
• New Hampshire
• New York
• North Carolina
• North Dakota
• Oregon
• South Carolina
• South Dakota
• Vermont
• Virginia
• West Virginia
• Wisconsin

Uninsured motorist coverage provides extra protection if the other person involved leaves the scene or lacks insurance coverage. Some states also require uninsured motorist property damage coverage (UMPD). This coverage helps pay for car repairs if you are involved in a car accident and the other party has no insurance coverage. States with UMPD coverage as of October 2025 include:

• District of Columbia (D.C.)
• Maryland
• New Hampshire
• North Carolina
• South Carolina
• Vermont
• Virginia
• West Virginia

Check with your state’s DMV or check your policy to see if you have either of these coverages.

What if the other driver said they didn’t have insurance?

If the at-fault driver is uninsured, your uninsured motorist coverage can help. It can provide coverage for your bodily injury and, in some states, property damage.

Even with uninsured motorist coverage, you may face limits on what your insurance will cover, depending on your policy. It is best to contact your insurance company to ask about your uninsured motorist coverage.

What if someone else crashed my car?

In general, auto insurance follows the car, not the driver. If a family member or someone with your permission was driving and crashed your car, your auto insurance policy should cover the property damage and medical costs, depending on the extent of your coverage and the extent of any injuries. The amount covered will be subject to the limits of your own insurance company. If the cost of vehicle damage exceeds your policy limits, the driver’s own auto insurance policy might serve as a secondary source of coverage.

If the driver was under the influence of alcohol or drugs, or if they didn’t have your permission to drive the vehicle, the insurance company may dispute the claim. It’s also possible that they’ll pursue the driver in a civil lawsuit to recover damages.

Can I still get car insurance money if I didn’t wear my seat belt?

Even if you weren’t wearing a seat belt at the time of the accident, you might still recover damages. However, your compensation may be reduced if the lack of seat belt use contributed to your injuries. It is helpful to discuss your situation with a personal injury attorney.

What shouldn’t you say to an insurance company after an accident?

Avoid admitting fault or making statements about the accident without consulting your lawyer, as these comments can be used against you. Don’t agree to settlements without legal advice.

Here are a few key points to keep in mind:

• Avoid speculating: If you’re unsure about something, it’s better to say you don’t know than to make a guess. Speculation about the accident or your injuries can potentially harm your claim.
• Be wary of providing unnecessary medical information: Only share medical information related to the injuries from the accident. The insurance company does not need to know your full medical history.
• Don’t downplay your injuries: Often, the full extent of injuries is not immediately apparent after an accident. If you understate your injuries, it may affect the compensation you can claim later.

If you have concerns about making a statement to an insurance company, speaking with a car accident attorney or your personal insurance agent can help you figure out what to say.

What should I do if I know the other driver?

Even if you know the other driver, treat the situation like any other car accident. Ensure that proper procedures are followed. Unless you’re extremely confident that the other person can be trusted to make things right, get both the police and your insurance company involved. This is what insurance exists for.

How long do I have to file a personal injury claim?

This period, known as the statute of limitations, varies by state. In general, it is best to start the claim process as soon as possible after a car accident to ensure that all details and evidence are fresh. Most states have a statute of limitations, or time limit, of two to three years to file a personal injury claim. If you don’t file a claim within the limitations period defined by your state’s law, you will be barred from pursuing legal relief. Check your state law’s statute of limitations to ensure you can file a personal injury claim before time runs out.

What is a wrongful death claim in a car accident case?

A wrongful death claim arises when a car accident results in the death of a loved one due to another’s negligence or intentional wrongdoing. The surviving family members may seek compensation for lost income, loss of companionship, funeral expenses, and more.

What is a contingency fee?

A contingency fee is a payment agreement where the personal injury lawyer’s fee is based on a percentage of the settlement or verdict that you receive. If you don’t win your case, you won’t have to pay attorney’s fees. Always make sure to discuss the details of the contingency fee agreement with your car accident lawyer before proceeding with your case.

How should I handle the insurance adjuster?

After a car accident, the at-fault party’s insurance adjuster may contact you to discuss the accident and your bodily injuries. The insurance adjuster’s job is to save their company money, which could mean minimizing your claim. It’s recommended to direct any insurance adjuster to your car accident attorney, who will handle all communication and negotiation on your behalf to help ensure you receive fair compensation.

How does health insurance factor in a car accident case?

After a car accident, your health insurance may cover your medical expenses. This can include hospital stays, doctor visits, physical therapy, medical care, and more. Your health insurance company may require reimbursement if you receive a settlement or award from the at-fault driver’s insurance company. Speak with a personal injury attorney to understand how your health insurance may impact your personal injury claim.

Why are medical records important in a car accident case?

Medical records play a pivotal role in a car accident case. They provide a detailed account of the extent of your injuries, treatments, and recovery, directly linking your injuries to the accident. These records help substantiate your claim, influencing the amount of compensation you may receive for medical expenses, lost wages, and pain and suffering. A car accident attorney can help guide you through the process of obtaining and using these records effectively.

How does my own auto insurance come into play?

Depending on your insurance policy, your own auto insurance may cover certain costs regardless of who was at fault in the accident. This could include medical payments coverage or uninsured/underinsured motorist coverage. Examine your insurance policy to fully understand how it can help in a car accident case. A personal injury attorney can help you understand your own insurance coverage and any potential claim.

What should I do if the other driver’s insurance company contacts me?

If the other driver’s insurance company contacts you, don’t provide a recorded statement or accept any settlement offers without first consulting a car accident attorney. The insurance adjuster’s job is to minimize their company’s payout. They might attempt to downplay your injuries or pressure you into accepting a low settlement. Instead, direct them to your attorney, who will handle all communications on your behalf.

What should I do if my airbag didn’t deploy during the accident?

Airbags are a critical safety feature in vehicles designed to protect occupants during a collision. There can be instances where they fail to deploy during a car accident, which puts you and any passengers at greater risk of injury.

Airbags not deploying can sometimes be due to a manufacturer’s defect. In such cases, you may have a product liability claim against the manufacturer in addition to any personal injury claim related to the accident.

Have your vehicle inspected by a professional to determine why the airbags did not deploy. This can help establish whether it was a defect or the nature of the accident that caused the airbags not to deploy.

Seek Legal Advice

This car accident FAQ is designed to answer general questions about car accident cases. If you have specific questions about a motor vehicle accident or require legal assistance, contact a car accident lawyer near you.

Every car accident claim is unique. A legal professional can conduct a case evaluation and provide advice tailored to your specific situation. You can also seek help from a personal injury lawyer if you or your loved one suffered an injury in a car crash. They can help assess your claim or help you file a personal injury case.