What should I do immediately after a car accident?
Call 911 if anyone is injured, then move vehicles out of traffic if safe to do so. Document the scene: photograph all vehicles from multiple angles, skid marks, traffic signs, and any visible injuries. Exchange insurance information, driver's license numbers, and contact information with all drivers. Get contact information from any witnesses. Do not admit fault to anyone.
Do I need a police report after a car accident?
A police report is highly recommended for any accident involving injury, significant damage, or a dispute about fault. Most states require you to file a report if damage exceeds a threshold (commonly $500–$1,000) or if anyone is injured. Request the report number on the scene — you can obtain the full report within a few days from the police department's website or records office.
How do I file an insurance claim after a car accident?
Notify your own insurer within 24–72 hours regardless of fault — most policies require prompt notice. Provide the other driver's insurance information and the police report number. You can file a third-party claim directly with the at-fault driver's insurer. The insurer will assign an adjuster who will inspect the vehicle and review medical records before making an offer.
What is the difference between a first-party and third-party insurance claim?
A first-party claim is filed with your own insurer under your collision, medical payments, or uninsured motorist coverage. A third-party claim is filed with the at-fault driver's liability insurer. Third-party claims require proving the other driver's fault. In no-fault states, your own Personal Injury Protection (PIP) pays regardless of fault for medical expenses up to the policy limit.
What damages can I recover in a car accident claim?
Economic damages include medical expenses (past and future), lost wages, vehicle repair or replacement, and rental car costs. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. Keep every receipt, bill, and document showing financial impact. Non-economic damages are calculated using a multiplier (typically 1.5–5x) applied to economic damages.
How do I negotiate with an insurance adjuster?
Start by calculating your total economic damages plus a reasonable amount for pain and suffering. Send the adjuster a demand letter with all documentation attached — medical records, bills, repair estimates, wage loss statements. Their first offer is rarely final. Respond in writing countering with your calculated amount. Most property damage claims settle within 2–4 weeks; injury claims take longer.
What is a demand letter for a car accident?
A demand letter is a formal written document you send to the at-fault driver's insurer summarizing the accident, establishing liability, detailing your injuries and treatment, listing all economic damages, and demanding a specific dollar amount to settle. It is not legally required before suing, but it triggers the negotiation process and creates a written record of your claim.
How long do I have to file a car accident lawsuit?
The statute of limitations for car accident claims varies by state: 2 years in most states, 3 years in several others. The clock generally starts on the date of the accident. For claims involving government vehicles (city bus, police car), notice of claim deadlines can be as short as 30–90 days. Missing the deadline bars your claim permanently.
What is comparative vs. contributory negligence in car accident claims?
Most states use comparative negligence — if you are 20% at fault, your recovery is reduced by 20%. Some states use modified comparative fault that bars recovery if you are 50% or 51% at fault. Only a handful of states still use contributory negligence, which bars all recovery if you were even 1% at fault. The adjuster will argue your fault percentage to reduce the payout.
What if the at-fault driver has no insurance?
Your own Uninsured Motorist (UM) coverage pays for injuries caused by an uninsured driver. If you have collision coverage, it pays for vehicle damage regardless of the other driver's insurance status. You can also sue the at-fault driver personally, though collecting from someone without insurance is often difficult. File an SR-22 report if required by your state DMV after the accident.
Should I accept the insurance company's first settlement offer?
Usually no, especially for injury claims. The first offer rarely accounts for future medical treatment, long-term impact on your ability to work, or full pain and suffering. Once you sign a release, you cannot reopen the claim even if symptoms worsen. For property damage alone with no injuries and a clear repair estimate, the first offer may be fair — verify it against independent repair quotes.
What medical treatment should I get after a car accident?
Seek medical attention on the day of the accident even if you feel fine — adrenaline often masks pain, and symptoms like whiplash appear 24–72 hours later. Your medical records directly determine your claim value. Follow every treatment recommendation and keep all appointments. Gaps in treatment are used by adjusters to argue your injuries were not serious.
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