Nobody is thinking clearly ten seconds after a collision. That’s precisely when the decisions that shape your claim get made — what you say, what you photograph, whether anyone calls the police.
Here is the sequence, in order.
At the Scene
1. Check for injuries and move to safety. If the vehicles are drivable and the location is dangerous, move them to the shoulder. If anyone might be injured, leave them where they are and call emergency services.
2. Call the police. Even for minor damage. A police report is independent documentation of who was where, and it is the single most useful document in a disputed claim. Some jurisdictions won’t dispatch for minor property damage — if so, file a report at the station or online the same day.
3. Do not apologise or accept blame. This is not about being evasive. Fault is a legal determination made from evidence, and people routinely apologise reflexively for accidents that turn out not to be theirs. State facts to the officer. Nothing more.
4. Photograph everything, widely. Not just the dents:
- Both vehicles from all four corners, showing their position relative to each other
- The wider scene: lane markings, traffic signals, stop signs, skid marks, debris
- Road and weather conditions
- The other vehicle’s licence plate, and the VIN if accessible
- Their insurance card and driver’s licence
- Any visible injuries
Photograph before the vehicles are moved, if it’s safe to do so.
5. Exchange the right information. Name, address, phone, insurer, policy number, plate, and the vehicle owner’s name if it differs from the driver’s. Take a photo of their documents rather than transcribing — transcription errors are common and delay everything.
6. Get independent witnesses. Names and phone numbers. Witnesses disappear within minutes and are extremely difficult to locate later. A neutral third party is worth more than either driver’s account.
Within 24 Hours
Report to your own insurer, even if the other driver was clearly at fault and even if you don’t intend to claim on your own policy. Policies require prompt notice, and late reporting is grounds for denial. Reporting is not the same as claiming.
See a doctor if there is any chance you were hurt. Soft-tissue injuries commonly present a day or two later. A gap between the accident and the first medical visit is the standard argument for disputing that the injury came from the crash.
Write down what happened while it’s fresh — direction of travel, speed, signal colour, what you saw first.
Dealing With the Other Insurer
The other driver’s insurer will likely call. Two things to know:
You are not required to give them a recorded statement. You’re obligated to cooperate with your own insurer, not with the opposing one. Recorded statements taken early, before you know the extent of the damage or your injuries, are used later to contradict you. It’s entirely reasonable to say you’ll provide information in writing.
Do not accept a quick settlement. Early offers arrive before the full repair scope is known and before injuries have declared themselves. Once you sign a release, it’s final.
Whose Policy Pays
This depends on your state and the coverages you carry.
- At-fault (tort) states: the at-fault driver’s liability coverage pays for the other party’s damage and injuries.
- No-fault states: your own personal injury protection pays your medical costs regardless of fault; property damage still follows fault.
- Your collision coverage pays for your vehicle regardless of fault, subject to your deductible. If the other driver is found at fault, your insurer pursues their insurer and refunds your deductible — a process called subrogation, which can take months.
- Uninsured/underinsured motorist covers you when the at-fault driver has no insurance or not enough. Given how many drivers carry only state minimums, this is among the most valuable coverages on the policy and one of the cheapest.
If Your Car Is Totalled
An insurer declares a total loss when repair costs approach a percentage of the vehicle’s actual cash value — the threshold varies by state, commonly 70-80%.
The settlement is the vehicle’s actual cash value immediately before the crash, not what you owe on it. If you owe more than the car is worth, the gap is yours unless you carry gap insurance.
You can dispute a total-loss valuation. Ask for the comparable vehicles used, check that they match your trim, mileage and condition, and supply your own comparables from local listings. Valuations are frequently negotiable, and documented recent work — new tyres, a new transmission — should be reflected.
Mistakes That Cost the Most
- Not calling the police, then facing a changed story a week later
- Accepting “let’s handle this without insurance” — the other driver’s cooperation regularly evaporates once they see the repair estimate
- Giving a recorded statement to the other insurer early
- Delaying medical attention
- Signing a release before the repair scope and medical picture are complete
- Failing to photograph the scene before the vehicles are moved
The One-Minute Preparation
Keep your insurance card and registration in the glovebox, know your deductible, and confirm you carry uninsured motorist coverage at meaningful limits. Doing that today is worth more than anything you can improvise at the roadside.
For what each coverage actually does, see our car insurance coverage guide, and why rates keep climbing for what happens at renewal.