Key facts at a glance
| Governing Law | State motor vehicle and tort codes California Legislative Information |
|---|---|
| Medical Deadline Example | 14 days for PIP benefits in Florida Florida Legislature |
| Statute of Limitations Example | 2 years for bodily injury in California California Legislative Information |
| Statute of Limitations Example | 2 years for bodily injury in Texas Texas Constitution and Statutes |
Knowing exactly what to do after a car accident means following this car accident checklist. First, stop and stay at the scene. Second, check for injuries and call 911. Third, move to safety if you can. Fourth, exchange information. Fifth, take photos. Sixth, identify witnesses. Seventh, obtain a police report. Eighth, seek prompt medical care. Ninth, notify your insurer. Tenth, keep detailed records. Finally, know your legal deadline.
State motor vehicle and tort codes govern car crash rules. Federal law applies solely to claims involving federal employees or vehicles under the Federal Tort Claims Act. It also applies to commercial carriers regulated by the Federal Motor Carrier Safety Administration.
According to the National Highway Traffic Safety Administration (NHTSA), 40,901 traffic fatalities occurred nationwide in 2023. This makes emergency preparedness essential.
What are the immediate steps to take at the accident scene?
- Check drivers and passengers for injuries before exiting the vehicle.
- Move vehicles out of moving traffic if driveable and required by state law.
- Set hazard lights, flares, or cones to prevent secondary collisions.
- Call 911 to request police and emergency medical services.
- Exchange contact and insurance information.
- Obtain immediate medical evaluation.
State statutes make leaving the scene a serious criminal offense. For example, California Vehicle Code § 20001(a) requires drivers involved in an injury crash to immediately stop. Under California Vehicle Code § 20003, you must provide reasonable assistance to injured persons.
In Texas, Texas Transportation Code § 550.021 requires stopping for injury crashes. Texas Transportation Code § 550.023 mandates providing aid and arranging medical transport if necessary. Under New York Vehicle and Traffic Law § 600, leaving an incident without reporting is prohibited.
What information should you exchange and collect after a collision?
When executing the steps after a car accident, you must collect specific data. Get the full legal names, residential addresses, and phone numbers of all drivers. Collect driver license numbers and issuing states.
Record auto insurance carrier names and policy numbers. Document the vehicle make, model, year, license plate, and Vehicle Identification Number (VIN). Gather names, addresses, and telephone numbers of passengers and independent eyewitnesses.
State penal and traffic codes mandate this exchange whenever property damage or bodily injury occurs.
How should you document the crash scene and property damage?
Knowing what to do after a car crash involves gathering physical evidence before the scene clears. You must take photos of the vehicles and the surrounding area. Documenting the scene helps establish the facts before vehicles are moved.
You should also identify any independent eyewitnesses and obtain a police report.
Why should you seek a medical examination even with minor symptoms?
You should seek prompt clinical evaluation to document injuries immediately after impact. Latent physical symptoms may not appear instantly. Emergency evaluation establishes the medical causation of your injuries.
Failing to seek clinical evaluation creates gaps in documentation. Insurers use these gaps to contest medical causation. In no-fault states like Florida, Fla. Stat. § 627.736(1)(a) requires receiving initial medical care within 14 days to receive Personal Injury Protection (PIP) benefits.
When and how must you report the accident to insurance companies?
Your policy requires cooperation with your own insurance carrier. States divide compensation frameworks into at-fault and no-fault systems. In at-fault states, comparative negligence applies, such as under California Civil Code § 1714(a).
In no-fault states, drivers recover initial medical costs through their own PIP benefits. For example, N.Y. Ins. Law § 5102 provides up to $50,000 per person in basic economic loss.
If the at-fault driver lacks adequate coverage, review the uninsured motorist lawyer guide to understand your policy endorsements.
What state reporting requirements apply beyond calling the police?
Beyond calling 911, state motor vehicle departments often require individual operator crash reports. For detailed statutory reporting thresholds and deadlines, consult the comprehensive guide on when to report a car accident.
What critical mistakes should you avoid after a car accident?
Knowing what not to do after a car accident protects your legal rights. Do not admit fault or make apologetic concessions at the scene. Roadside apologies can be documented in police notes as party admissions before complete physical evidence is inspected.
Do not sign a release or property settlement prematurely. Executing a settlement release waives future bodily injury claims permanently. Do not give a recorded statement to the opposing insurer before understanding your legal rights.
Third-party liability insurers use recorded cross-examinations to establish shared fault or question the origin of injuries. Figuring out what to do when you get in a wreck can be complex if liability is contested. Legal representation helps when a crash results in substantial bodily injury, complex coverage denials, or inadequate settlement offers.
Review detailed guidance in the car accident practice guide. You can also evaluate whether your case warrants an attorney by reading do I need a lawyer for a minor car accident.
Be aware of strict deadlines. For example, California Code of Civil Procedure § 335.1 sets a 2-year statute of limitations for bodily injury. Administrative claims against government agencies enforce even shorter windows, such as 6 months under California Government Code § 911.2.
In Florida, Florida Statutes § 95.11(4)(a) enforces a 2-year deadline for negligence actions. Texas Civil Practice and Remedies Code § 16.003 also enforces a 2-year deadline. In Texas, notice for a Texas Tort Claims Act claim against the government is 6 months under Texas Civil Practice and Remedies Code § 101.101.
| Timeframe | Action Required | Primary Objective | Common Risk to Avoid |
|---|---|---|---|
| Immediate | Stop, check injuries, call 911 | Secure scene and get aid | Leaving the scene |
| At the Scene | Exchange info, take photos | Preserve physical evidence | Admitting fault |
| Within 14 Days | Seek medical evaluation | Document injuries | Gap in medical treatment |
| Post-Accident | File DMV report and notify insurer | Comply with state law | Giving a recorded statement unprepared |
Official offices & where to verify
Check every rule on this page directly with these government and licensing bodies.
- National Highway Traffic Safety Administration (NHTSA)Compiles national crash trends and safety data.
- California Department of Motor Vehicles (DMV)Processes Form SR-1 accident reports and maintains driver records.
- Texas Department of Transportation (TxDOT)Maintains Texas crash records and processes Form CR-3.
- New York State Department of Motor VehiclesProcesses Form MV-104 accident reports.
People also ask
Should I file an insurance claim if I am not at fault?
Yes, your policy requires cooperation with your own insurance carrier even if you are not at fault. In no-fault states, you must file a claim with your own insurer for Personal Injury Protection (PIP) benefits to cover initial medical costs.
How long after an accident does it need to be reported?
Reporting deadlines depend on state law and the agency involved. For example, New York requires a Notice of Claim for government entities within 90 days under General Municipal Law § 50-e. Florida requires initial medical care within 14 days to receive PIP benefits under Florida Statutes § 627.736(1)(a).
What should you avoid saying after a car accident?
You should avoid admitting fault or making apologetic concessions at the crash scene. Roadside apologies or speculative remarks about speed, visibility, or cause can be documented in police notes or claim files as party admissions before complete physical evidence is inspected.
What is the average settlement for injury?
State laws do not establish an average settlement amount for car accident injuries. Compensation depends on whether you are in an at-fault state governed by comparative negligence or a no-fault state where you recover initial costs through your own PIP benefits.
How this guide was checked
- Prepared byLawMillion Editorial Team
- Sources used15 official government, court, legislature and state bar sources, each listed below so you can check them yourself
- Last checkedNovember 14, 2026
- Found an error?Email a correction and we will review it.
Sources
- California Vehicle Code § 20001 — California Legislative Information
- California Vehicle Code § 20003 — California Legislative Information
- Texas Transportation Code § 550.021 — Texas Constitution and Statutes
- Texas Transportation Code § 550.023 — Texas Constitution and Statutes
- New York Vehicle and Traffic Law § 600 — New York State Senate
- California Civil Code § 1714 — California Legislative Information
- Florida Statutes § 627.736 — Florida Legislature
- New York Insurance Law § 5102 — New York State Senate
- California Code of Civil Procedure § 335.1 — California Legislative Information
- Texas Civil Practice and Remedies Code § 16.003 — Texas Constitution and Statutes
- National Highway Traffic Safety Administration (NHTSA)
- National Highway Traffic Safety Administration (NHTSA)
- California Department of Motor Vehicles (DMV)
- Texas Department of Transportation (TxDOT)
- New York State Department of Motor Vehicles
Legal disclaimer: This page is general legal information, not legal advice. Laws change and vary by state and by the facts of each case. LawMillion is a legal directory and referral service, not a law firm. Confirm current rules with the official sources above or a licensed attorney in your state.