What to do after a car accident that’s not your fault

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After a car accident that’s not your fault, get everyone to safety, call the police, photograph the scene and trade insurance details with the other driver. Then report the crash to your own insurer and file a claim with the at-fault driver’s insurer.

The other driver’s property damage liability coverage pays to fix your car in nearly every state, including no-fault states. Your state’s insurance law decides which insurer pays your medical bills, so the evidence you collect at the scene is what gets your repairs, treatment and lost wages paid without money from your own pocket.

Steps to take after a car accident that wasn’t your fault

Work through these in order, starting at the scene and ending with the other driver’s insurer.

1. Check for injuries and call 911 if anyone is hurt.
2. Call the police and get the report number.
3. Trade contact and insurance details with the other driver.
4. Photograph both cars, the plates and the scene.
5. Get medical care, even if you feel fine.
6. Report the accident to your own insurer.
7. File a claim with the at-fault driver’s insurer.
8. Save receipts for repairs, rentals, medical care and lost wages.

What to do at the scene of an accident that wasn’t your fault

At the scene of a crash someone else caused, your job is to stay safe and collect the evidence the other driver’s insurer needs to accept fault.

• Move to safety and check for injuries. If your car still drives, pull out of traffic, then check yourself and your passengers. Call 911 right away if anyone is hurt or a car is blocking a busy road.
• Call the police. States require you to report a crash that injures someone or causes significant damage, and the officer’s report becomes the main record of who caused it. For a minor fender bender on a side street, the police non-emergency line may handle it. Ask the officer how to get a copy of the report.
• Photograph everything. Take photos and video of both cars from every angle, the license plates, skid marks, traffic signals, road conditions and any visible injuries. Ask witnesses and nearby businesses whether they have dashcam or security footage.
• Get the other driver’s details. Write down their full name, phone number, driver’s license number, insurance company, policy number and license plate. If they refuse, ask the officer for help.
• Leave fault out of the conversation. Skip apologies and comments about what happened, since the other driver’s insurer can treat them as an admission that you share the blame.
• Get witness contact information. Ask what they saw while it’s fresh, and write it down or record it with their permission.

“Document everything. Take pictures and videos of every single bit of damage to your car or property from every angle. There is no such thing as too much documentation.” — Ben Michael, attorney at Michael & Associates

Your post-accident checklist

Call for help

• Emergency: Call 911 if anyone is injured.
• Non-emergency: Call the police to document the accident, especially if vehicle or property damage occurs.

Exchange information with the other driver

• Get their name, address, and contact information.
• Write down their insurance company name and policy details.
• Obtain the driver’s license and registration information.

Document the scene

• Take clear photos of both vehicles and the overall accident scene.
• Collect contact information and statements from any witnesses.
• Use dashcam footage or map images to help illustrate the accident details.
• Obtain a copy of the police report, if one is available.

Contact your insurance company

• Depending on your state, you may need to file a claim with either your own insurance company or the at-fault driver’s insurer. In any case, notify your insurer after an accident.
• Even if the accident wasn’t your fault, inform your insurance company to ensure your coverage remains active.
• Avoid discussing who was at fault; focus on providing only the facts when speaking with any insurance companies.
• Check if you need prior authorization for repairs or medical treatment.

Assess legal action

• If the at-fault driver’s insurer denies liability, consider hiring a legal professional.
• Document all medical visits from the accident.

Follow up

• Depending on your state, you may need to file a claim with either your own insurer or the at-fault driver’s insurance company.
• Reach out to your insurer if you encounter any issues with the at-fault driver’s insurance.
• If their insurer denies your claim, consider filing an appeal and providing additional evidence to support it.
• Seek legal advice if appeals or negotiations don’t resolve the issue.

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How to file a claim with the at-fault driver’s insurance

To get the other driver’s insurer to pay, report the crash to your own insurer, then file a third-party claim, which is a claim against someone else’s policy rather than your own. Once the at-fault insurer accepts fault in writing, it has committed to paying your covered costs.

• Call your own insurer as soon as you can. Most policies ask you to report any accident promptly, even one you didn’t cause, and your insurer can step in if the other driver’s insurer stalls.
• Open a claim with the other driver’s insurer. Give the police report number, the date, the location and the damage. Leave out guesses about speed or distance, since the adjuster can use them to shift blame to you.
• Get acceptance of fault in writing before you approve repairs. A written acceptance is your proof the insurer agreed to pay, so you aren’t left with the repair bill if it changes its position later.
• Get medical care without waiting on the insurer. Use your health insurance, personal injury protection or medical payments coverage to pay for treatment now, then seek repayment through your injury claim.
• Report new or worsening symptoms right away. Each symptom you report and treat becomes part of the record your injury claim is paid on.

“Injuries like whiplash, soft tissue damage, or concussions may not present immediate symptoms. Hospital records and detailed symptom records serve as crucial evidence if you file a personal injury claim.” — Paul Koenigsberg, managing partner at Koenigsberg & Associates

What the other driver’s insurance pays for after a crash you didn’t cause

The at-fault driver’s liability coverage pays for your car, your injuries and the costs that follow from both, up to the limits of their policy. A claim against that coverage can pay for these losses.

• Car repairs. If your car is totaled, the insurer pays its actual cash value, meaning what the car was worth right before the crash.
• A rental car. The insurer covers a comparable rental while your car is in the shop.
• Medical bills. Hospital care, follow-up visits and physical therapy are covered.
• Lost wages. Pay you miss while recovering from crash injuries is covered.

Anything above the other driver’s limits comes out of your pocket unless your own coverage picks it up. If your car is worth $50,000 and the other driver carries $40,000 in property damage liability, you’d need collision coverage, uninsured motorist property damage coverage or a lawsuit to recover the remaining $10,000.

Who pays to fix your car after a not-at-fault accident in a no-fault state

In a no-fault state, the at-fault driver’s insurer still pays to fix your car, because no-fault laws apply to injuries, not vehicle damage. You file the repair claim against the other driver’s property damage liability coverage just as you would anywhere else.

The no-fault rules change who pays for your injuries. Twelve states have no-fault laws, and in those states your own personal injury protection pays your medical bills and lost wages first, regardless of who caused the crash. One no-fault state sends most car damage claims through your own policy instead, so check your policy or ask your insurer how repair claims work where you live.

Who pays your medical bills after a crash that wasn’t your fault

Your state’s insurance law decides who pays your medical bills. In an at-fault state the other driver’s insurer pays, and in a no-fault state your own insurer pays first.

The table below shows how each type of state handles injury costs after a crash.

What to do if the other driver’s insurance denies your claim

If the at-fault driver’s insurer denies your claim, you can appeal the decision, file under your own coverage or sue the driver. Each route below can still get your costs paid.

• Appeal the denial. Ask for the denial and its reason in writing, then resubmit with anything missing, such as the police report, photos or witness statements.
• File with your own insurer. Collision coverage pays for repairs, and personal injury protection or medical payments coverage pays medical bills. Your insurer can then recover what it paid from the other driver’s insurer through a process called subrogation, and you get your deductible back if it succeeds.
• Sue the at-fault driver. Your state bar association can refer you to attorneys who handle car accident cases.

What to do if the at-fault driver has no insurance or not enough

If the driver who hit you has no insurance or too little, your own uninsured and underinsured motorist coverage pays for your injuries, and your collision coverage pays to fix your car.

Uninsured motorist property damage coverage can also pay for car repairs, but some states don’t offer it, and others only sell it to drivers without collision coverage. Ask your insurer whether you have it before a crash, since without it or collision coverage, your only way to recover repair costs is to sue the driver.

When hiring a car accident lawyer is worth it

Talk to a car accident lawyer if the other driver’s insurer refuses to accept fault, your costs run past the other driver’s policy limits or you’re seriously hurt in a no-fault state, where suing requires meeting your state’s injury threshold. A lawyer builds your case from your records, so document physical and mental health effects from the start.

“Make sure you are [documenting] any medical and health-related problems. If you are experiencing any kind of psychological stress following the accident, like flashbacks or anxiety, talk to a licensed mental health professional and have them officially document [it],” says Ben Michael, attorney at Michael & Associates.

Will your car insurance go up after an accident that wasn’t your fault

Some insurers do raise rates after an accident you didn’t cause, but 15 states ban premium increases for not-at-fault accidents, according to the Consumer Federation of America. In states without a ban, the increase depends on the insurer and your claims history.

Ask your insurer how it treats not-at-fault claims before your renewal date. If it adds a surcharge, you still have time to compare quotes from insurers that don’t.

Sources

• Consumer Federation of America. Testimony in Support of HB 148 Prohibiting Auto Insurance Premium Increases After Not-At-Fault Accidents.

Maryalene LaPonsie

Staff Writer

 

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Maryalene LaPonsie is a staff writer for Insure.com. She has 25 years of professional writing experience. She specializes in personal finance — insurance, investing and retirement.

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