No matter how minor it is, a special kind of unsettling feeling accompanies being involved in an automobile accident with another vehicle. The unfamiliar sensation can make your body vibrate with nervous energy as adrenaline courses through your veins. Your thoughts are usually racing as well, contemplating the damage that's been done, wondering if everyone's okay, and if you should move the vehicles from the center of the road.
One way of alleviating some of the stress is to know what to do in the aftermath of the minor car accident nobody wanted. While serious damage and/or an injury might necessitate speaking with a personal injury attorney, most fender benders can be handled if you know what needs to be done.
So, That Happened. Now What?
Most car accidents are minor and without injury on either side. That doesn't mean there's no protocol to try to follow to protect yourself and your interests.
- With your nerves jangling and your heart pounding, taking a long, slow, and deep breath is important to recenter yourself. Check yourself for cuts, broken bones, or any other injury. If you have passengers, check on them as well.
- After putting your car in park and determining it's safe to exit your vehicle, check on those in the other vehicles who were involved. Even if you're angry because it was their fault, checking to see if they're injured is the right thing to do. Cars can be repaired or replaced. A person who suffers a serious injury or dies from lack of attention is not replaceable.
- If the damage seems minor and nobody is hurt, most state laws instruct you to move the vehicles off the road. Before you do that, take pictures from different angles. Make sure to take shots of any damage.
- Unless there's no damage at all, call the police. Your insurance company will want a police report. Even if you think the accident might be mostly or entirely your fault, don't give your opinion to the responding officer. Just report accurately what happened and let them write up what they see and hear from those involved.
- While waiting for the police, exchange information with the other driver. Either write down the info from their driver's license, vehicle registration, license plate number, phone number, and insurance information, or take pictures.
- The police will also collect this information, but accident reports can take a while before they're available. The sooner you get important information to your insurance company, the sooner the claims process can start and your auto insurance claim can be resolved. Make sure to note what police responded to the call (local police, highway patrol, sheriff, etc.) so you know where the accident report will be. Some states offer copies online.
- In most instances, don't bother trying to negotiate a settlement on the roadside. This is why you have an auto insurance policy. Your insurance carrier and the other driver's insurance company will hash out who was more at fault, which has a different effect in different states. Your premiums will not automatically go up because you were in an accident. Much will depend on who is determined to be the at-fault driver, the amount of damage, and the value of the cars involved. If the repair costs are greater than the vehicle's fair market value, the insurance company will total the car.
- Don't leave the scene of the accident until the police arrive and say you can go. Hit-and-run penalties are extremely harsh.
- Let your insurance company know you were in an accident as quickly as possible. Their claims line number is on your insurance card. Make sure to give them your policy number. Even if it's not your fault, they still need to know to make sure the other insurance company covers your damages. Let your insurance agent know as well.
- Keep track of any out-of-pocket and medical expenses. Provide hard copies of bills to ensure you'll get what you're owed.
Finally, remember to stay calm. It's easy to get into a shouting match with the other person in the accident, but you'll both be better off by showing restraint. They're probably just as rattled and upset as you are.
Following Up
Law enforcement will usually let you know the date the accident report will be available for pickup. Your insurance company may have a body shop or an insurance adjuster for you to take your vehicle to for an estimate. If not, go to someone you trust. Your company may provide you with a rental car while the damage from your car crash is being repaired.
Submit the estimate for your car insurance claim to your insurance company, even if the accident was the other driver's fault. Through a system called subrogation, they'll attempt to extract the money they gave you to fix the vehicle or for your medical bills from the other insurance company. You may have a deductible to cover, while the insurance company will pay for other expenses.
The details of your experience post-accident will depend on the state you're in and your insurance carrier. Check out your policy to know what kind of coverage you have. Some offer a replacement vehicle to drive while yours is being repaired.
That's about all you need to do to start a claim after a minor auto accident. Don't be afraid to challenge either insurance company if you feel their offers are low-balling you. If you need assistance or if an injury is involved, consider speaking with an experienced car insurance claim attorney.
Related Resources
- Car Insurance Claims: Helpful Tips (FindLaw's Accidents and Injuries Legal Guide)
- Confusing Car Insurance Terms Explained (FindLaw's Law and Daily Life)
- Car Accident Liability (FindLaw's Car Accident Law)
