Guide · Updated
What to do after a car accident
Take it one step at a time. Look after yourself first. Then keep a simple record, learn your deadline, and decide later whether you want a lawyer.
Right away
Step 1: At the scene: stay safe and write things down
If anyone is hurt, call 911 first. Move to a safe place if you can.
- Swap details with the other driverNames, phone numbers, plate numbers and insurance companies. State law may require this. In Texas, for example, a driver in a crash that hurts someone or damages an occupied car must give their name, address, plate (registration) number and insurance company. They must also show their driver’s license if asked1. If someone is hurt or a car can’t be safely driven, the driver must also report the crash right away to the police or sheriff2. Other states set their own lists. In Florida, the driver must give their name, address and the plate (registration) number, and show their license if asked3. In New York, a driver who knows someone was hurt must stop, show their license and insurance card, and give their name, address, insurance company and policy details to the injured person if practical and to a police officer. If no officer is nearby, they must report it to the nearest police station as soon as they can4.
- Take photosOf the cars, the road, any signs or lights, and your injuries.
- Get witness namesAsk anyone who saw the crash for a name and phone number.
- Ask for the report numberIf police come, ask the officer how to get a copy of the crash report.
Today and tomorrow
Step 2: Get care, and start a simple record
See a doctor or urgent care soon, even if you feel fine. A visit also creates a record of your injuries.
- Keep every paperVisit summaries, bills, receipts and prescriptions. A folder or a phone photo is enough.
- Write down what you rememberDate, time, place, what happened, and how you feel each day.
- Track time off workNote the days you missed and any pay you lost.
This week
Step 3: Talk to insurance companies carefully
Your state’s rules: these state guides each have a section on car-crash claims, with the law cited: Arizona, Florida, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming.
This week
Step 4: Learn your deadline
Every state sets a deadline to file an injury lawsuit. If you miss it, you can lose the right to be paid at all. In Texas, for example, most injury suits must be brought within two years5.
Claims against a city or state agency can have much shorter notice rules. Find your state’s deadline.
Within a few weeks
Step 5: Ask for your medical records
You have a federal right to get a copy of your medical records from most doctors and hospitals6. How to ask for your records.
When you’re ready
Step 6: Decide if you want a lawyer
You don’t have to hire a lawyer. If you want one, it helps to know how contingency fees work and what to ask before you hire someone.
Car accident rules in your state
The deadline to file and the other rules for a car accident case are set by each state. Pick yours.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
When you’re ready
Find an injury lawyer, on your terms
Search by city and type of case. Every firm’s facts show where they came from and when. We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Find a lawyer near youSources
Where the legal facts on this page come from
- Tex. Transp. Code § 550.023 (duty to give information and render aid)“The operator of a vehicle involved in a collision resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall: (1) give the operator's name and address, the registration number of the vehicle the operator was driving, and the name of the operator's motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision; (2) if requested and available, show the operator's driver's license to a person described by Subdivision (1); and (3) provide any person injured in the collision reasonable assistance …”Read the source: Tex. Transp. Code § 550.023 (duty to give information and render aid)
- Tex. Transp. Code § 550.026 (immediate report of collision)“(a) The operator of a vehicle involved in a collision resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the collision to the: (1) local police department if the collision occurred in a municipality; (2) local police department or the sheriff's office if the collision occurred not more than 100 feet outside the limits of a municipality; or (3) sheriff's office or the nearest office of the department if the collision is not required to be reported under Subdivision (1) or (2).”Read the source: Tex. Transp. Code § 550.026 (immediate report of collision)
- Fla. Stat. § 316.062 (duty to give information and render aid)“(1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance …”Read the source: Fla. Stat. § 316.062 (duty to give information and render aid)
- N.Y. Vehicle & Traffic Law § 600 (leaving scene of an incident without reporting)“2. Personal injury. a. Any person operating a motor vehicle who, knowing or having cause to know that personal injury has been caused to another person, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the said personal injury occurred, stop, exhibit his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and street number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy and license number, to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then, he or she shall report said incident as soon as physically able to the nearest police station or judicial officer. …”Read the source: N.Y. Vehicle & Traffic Law § 600 (leaving scene of an incident without reporting)
- Tex. Civ. Prac. & Rem. Code § 16.003“(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues. (b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”Read the source: Tex. Civ. Prac. & Rem. Code § 16.003
- 45 C.F.R. § 164.524 (access of individuals to protected health information)“(a)(1) … an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set … (b) … (1) … The covered entity may require individuals to make requests for access in writing, provided that it informs individuals of such a requirement. (2) Timely action by the covered entity. (i) Except as provided in paragraph (b)(2)(ii) of this section, the covered entity must act on a request for access no later than 30 days after receipt of the request … (ii) If the covered entity is unable to take an action … within the time required … the covered entity may extend the time for such actions by no more than 30 days, provided that: (A) The covered entity, within the time limit set by paragraph (b)(2)(i) of this section, as applicable, provides the individual with a written statement of the reasons for the delay and the date by which the covered entity will complete its action on the request; and (B) The covered entity may have only one such extension of time for action on a request for access. (c) … (2) … (ii) … if the protected health information that is the subject of a request for access is maintained in one or more designated record sets electronically and if the individual requests an electronic copy of such information, the covered entity must provide the individual with access to the protected health information in the electronic form and format requested by the individual, if it is readily producible in such form and format; or, if not, in a readable electronic form and format as agreed to by the covered entity and the individual. (3) … (ii) If an individual's request for access directs the covered entity to transmit the copy of protected health information directly to another person designated by the individual, the covered entity must provide the copy to the person designated by the individual. The individual's request must be in writing, signed by the individual, and clearly identify the designated person and where to send the copy of protected health information. (4) Fees. If the individual requests a copy of the protected health information or agrees to a summary or explanation of such information, the covered entity may impose a reasonable, cost-based fee, provided that the fee includes only the cost of: (i) Labor for copying … (ii) Supplies for creating the paper copy or electronic media if the individual requests that the electronic copy be provided on portable media; (iii) Postage … and (iv) Preparing an explanation or summary … (d) … (1) Making other information accessible. The covered entity must, to the extent possible, give the individual access to any other protected health information requested, after excluding the protected health information as to which the covered entity has a ground to deny access. (2) Denial. The covered entity must provide a timely, written denial to the individual … The denial must be in plain language and contain: (i) The basis for the denial; … (iii) A description of how the individual may complain to the covered entity … or to the Secretary pursuant to the procedures in § 160.306.”Read the source: 45 C.F.R. § 164.524 (access of individuals to protected health information)
This is general information, not legal advice.