What To Do After a Car Accident That's Not Your Fault

After a car accident, you should prioritize safety. Call 911 for police and medical aid. Seek immediate medical attention for any injuries. Document the scene with photos, exchange insurance information with the other driver, and get contact details from any witnesses. Following these steps helps protect your legal rights and strengthens your ability to file an insurance claim or lawsuit to recover damages from the responsible party.

There’s a good chance you will be in a motor vehicle accident at some point during your time behind the steering wheel. In most multi-vehicle car crashes, one motorist is usually more at fault than the other. For example, the rear driver is almost always at fault in a rear-end collision. The same is also true for drunk driving accidents. What do you do after a car accident that wasn’t your fault?

In this article, we’ll describe the steps you should take after an auto accident. We will also explain what to do if the at-fault driver’s insurance company denies your claim.

If you’ve recently been in a car accident, it’s a good idea to contact an experienced car accident attorney. They’ll review your case and help you pursue damages against the other driver.

The Aftermath of a Car Accident

The things you do in the moments after a car crash will determine whether you can file a successful car accident claim. The steps you take following a car accident are the same regardless of who’s at fault. However, there are specific things you can do to protect your interests if the other driver refuses to admit fault.

Taking all the right steps after an auto accident is always a good idea, but it can prove especially beneficial when:

• The other party leaves the scene of the accident
• The other driver refuses to wait for law enforcement so they can file a police report
• The at-fault driver doesn’t tell the police officer the truth about what happened
• You believe the other motorist is drunk or under the influence of drugs
• The other party is uncooperative in any other way

Even if the other driver refuses to exchange insurance information or flees, wait for the police to come and investigate the accident scene. Your car accident lawyer is going to need a copy of the accident report if you need to file legal action. You will also need the report when you file your car insurance claim.

Move Your Car to a Safe Location

Before you do anything else, you must move your vehicle to a safe location. Typically, this involves driving your car onto the shoulder or turning off on a side street. The last thing you want is another vehicle to come along and hit your vehicle or one of the people involved in the car crash. Make sure to take pictures of the accident scene before moving the vehicles, provided you can do so safely.

Call 911 Immediately After the Car Crash

Call the police as soon as possible after your accident. Do so even if the other driver tries to convince you that you don’t need to involve law enforcement. Since it’s in everyone’s best interest to have the police conduct a thorough accident investigation, there is no reason not to call 911.

When you call 911, the operator immediately dispatches a law enforcement officer to the scene. They also arrange for an ambulance should anyone have serious injuries, so let them know if someone is badly hurt.

Once the cops arrive, they will do the following:

• Get the driver’s license numbers, registration information, and auto insurance policy information
• Check to see if either driver has been drinking or using drugs
• Take photographs or videos of the accident scene
• Speak with the drivers and take a recorded statement from each
• Gather witness statements
• Ensure that anyone who needs urgent medical care goes to the hospital

Much of the information the police gather will be pivotal in proving your case. Without this information, your personal injury attorney will have difficulty negotiating a fair settlement.

Assess Injuries and the Scene

Once you’ve called 911, you can assess the situation. Check to see if anyone, including yourself, needs immediate medical attention. When you call 911, relay this information to the dispatcher. They will ensure an ambulance comes to treat injured victims or takes them to a medical facility.

If you can, use your cell phone to take photos and videos of the accident scene. Try to do this before moving your vehicle to the side of the road. It’s best to have a picture of the scene with the cars in their original position. Don’t endanger yourself, though.

If you had passengers in your car at the time of the collision, you can also ask them to take pictures and videos. It’s a good idea to gather recorded statements from your passengers, as their memories will fade over time.

Gather Information

Regardless of whether you live in a no-fault state, there’s a good chance you’ll need to file a claim with the insurance company. When you speak with your insurance provider, they will demand specific information about the crash, including a description of what happened.

If possible, you should attempt to exchange information with the at-fault driver:

• Name, address, and phone number
• Insurance information, including the insurance company name and policy number of the other driver
• Driver’s license number and registration information
• Witness statements and the witnesses’ contact information (if applicable)
• Photographs of the accident scene, including the other driver’s vehicle and license plate number
• A note of whether there may be security camera footage from nearby stores/buildings

If you believe there is security footage of the crash, you have two options. You can wait for the police to ask for a copy of the footage, or ask for it yourself. Since many businesses do not keep copies of footage for very long, you want to do this sooner rather than later.

There is always the chance that law enforcement will either wait several days (or longer) to request the footage or not ask at all. You don’t want to take this risk. It’s best to request it yourself or have your car accident attorney do so immediately.

What To Do When You Get Home

Assuming you do not have serious physical injuries, you’ll want to take additional steps once you get home. If you have to stay in the hospital for a few days, you should ask a family member to contact a car accident lawyer on your behalf. It will be difficult, if not impossible, for you to do anything regarding the accident from your hospital room.

Here are some of the things you should do in the hours and days following the accident:

• If you have car accident injuries, document them in a notebook with comments about any pain and suffering you experience
• Call an experienced personal injury attorney to schedule your free case evaluation
• Report the accident to your insurance provider or the at-fault driver’s insurance company, depending on where you live
• Speak with an auto mechanic and/or an auto body repair shop for an estimate on any vehicle damage and vehicle repair costs
• Gather evidence for your car accident attorney, if possible

Your car accident lawyer will request a copy of your medical records. They will need them to prove your damages. It’s a good idea to document your physical injuries, physical pain, and mental anguish in a diary or journal. This will help your attorney convince the court to award you damages for pain and suffering.

Contact Your Own Insurance Company

Like it or not, you will eventually have to report the crash to your own insurance company. In some cases, you must also file a claim with the other driver’s insurance provider. Either way, there is a chance that the insurance company will deny responsibility. There is also the chance that the other driver will not have insurance.

Even if you have to file a claim with the at-fault driver’s insurance carrier, you will still need to let your own insurance company know what happened. An insurance adjuster will investigate the claim and, if necessary, negotiate a settlement with the other party’s carrier.

The insurance company will most likely review your claim and issue you a check within a week or two. However, there is always the chance that the insurance company will deny your claim. There are several reasons why they may do this, including:

• The insurance carrier believes that you were at fault
• The insurance adjuster thinks you’re exaggerating your injuries
• You have filed numerous auto insurance claims in the past
• The other driver’s insurance policy is not valid, or the carrier has cancelled their policy for non-payment
• The at-fault driver’s policy limits do not cover your losses

Some policies have coverage for accidents with uninsured or underinsured motorists. Check your policy if you run into this issue.

If the insurance company denies your claim, you have legal options. Your car accident lawyer can appeal your claim and try to negotiate a settlement. Another approach is filing a lawsuit against the other driver.

You May Have To Sue the Other Driver

If your attorney can resolve your claim with the insurance company, problem solved! If this isn’t possible, you have the option of suing the other driver in civil court.

If you file a lawsuit, you’ll need to sue the other driver directly. Most states don’t allow you to sue the insurance company unless your attorney can prove that it acted in bad faith. Since these lawsuits are difficult to win, it’s likely you’ll be better off pursuing the other driver instead.

In your initial complaint, you must make a demand for damages. Damages is another word for the compensation you demand for any losses you suffered due to the motor vehicle accident.

In most car accident cases, plaintiffs can demand some or all of the following types of damages:

• Lost wages
• Lost future income
• Medical bills
• Future medical expenses
• Property damage
• Pain and suffering

In rare instances, you can demand something called punitive damages. These are damages the judge awards to punish the defendant for their behavior. In general, this only applies in situations where the other driver acted recklessly, such as in a drunk driving accident.

Personal Injury Protection

In some states, you must carry personal injury protection. This is insurance that covers some of your damages after a car crash. As of October 2025, 12 states require you to carry PIP insurance, all of which are no-fault states.

Personal injury protection covers various things, such as medical treatment and lost wages. The policy limits for PIP are often as low as $10,000. Some state laws require you to carry as much as $25,000. Even if you carry PIP coverage, you may still have to file a claim with the other driver’s insurance company or sue.

What if the Other Driver Doesn’t Have Insurance?

While it doesn’t happen often, there is a chance the person who causes your car accident doesn’t have auto insurance or collision coverage. If so, you can file a claim under your uninsured motorist/underinsured motorist (UIM) coverage policy.

As of October 2025, 21 states and the District of Columbia require drivers to carry uninsured and underinsured motorist insurance coverage. Uninsured motorist insurance covers your claim in almost the same way as regular insurance does. Underinsured motorist coverage acts as supplemental insurance in cases where the at-fault driver’s policy limits don’t cover all your damages.

The most common policy limits for UIM coverage are “100/300”, meaning you’ll have $100,000 in coverage for physical injuries per person and $300,000 for bodily injuries per accident.

Contact a Skilled Car Accident Attorney To Evaluate Your Car Accident Claim

Now that you know what to do after a car accident, you may have additional questions about who pays your deductible or what to do if the insurance company denies your claim. If you’ve recently been in a car crash, contact a personal injury attorney for legal advice.

An experienced car accident attorney can walk you through the claims process and deal with the insurance adjuster on your behalf. They will also help you file legal action against the other driver if the insurance company refuses to pay your claim.

Most personal injury lawyers offer a free case evaluation. This can help you get started on your personal injury claim.