What Not to Do After a Car Accident

Regardless of who is at fault or how serious you think the damages are, do not leave the scene after a car accident. Most states require you to stay at the scene of an accident by law. Failure to do so could result in a misdemeanor or felony, large fines, license suspension, or even prison time.

According to NHTSA, there are more than 1.5 million hit-and-run accidents a year. Roughly half a million of these accidents result in injury, and over 6,500 result in deaths.

You might feel the need to apologize to the other driver, argue with them, or explain your side of the accident. This would be a big mistake. Statements you may not think twice about, such as expressing incredulity or sympathy to the driver, may be used against you later during the claims process (whether or not you’re at fault in the car accident).

Other than exchanging information with the other party, you shouldn’t really discuss anything with them. And when speaking to an officer for the police report, it’s important to stick to the facts. If you’re concerned you might incriminate yourself by answering an officer’s question, you have the right to tell them you’d rather wait to have an attorney present before answering any more questions.²

Road rage and frustrations while driving can lead to accidents on the road, but it’s important not to lose your cool in the moment. Remaining calm can help you avoid a physical altercation and ensure you don’t say anything that can be used against you in a claim or lawsuit.

Even if the other party is at fault, you will not help yourself by getting heated, angry, or aggressive with the other driver.

Especially immediately after an accident, the other driver’s insurance may try to contact you to gain additional information that could be used against you. Unless you have a lawyer present to guide you through the process, there’s no benefit to speaking with the other party’s provider.

You are obligated to contact and communicate with your own insurance provider only, not the other party’s (known as third-party car insurance).

In most cases, it is actually legal for you and the other party to exchange money directly after an accident. As long as the accident doesn’t result in a death or injury/property damages over a certain dollar amount (usually $500 to $1,000), you don’t have to file a police report. Be sure to check your local guidelines as the law differs from state to state.

However, we don’t recommend paying out of pocket. You may be tempted to accept an immediate cash offer instead of going through the lengthy insurance claims process, but neither you or the other party knows the extent of the damages, injuries, and costs associated with the accident.

Any offer you make or accept is an educated guess at best. Plus, if you have any injuries — especially a head injury that develops over time — you may not have as much leverage to get the compensation you actually need to treat them.

While you’re waiting for the police to arrive at the scene, you should exchange contact information with the other driver, take photos and videos of damages/injuries, and gather notes. Specifically, you should get and make note of the following information:

• Names of everyone involved in the accident
• Addresses
• Phone numbers
• Driver’s license number of the other driver
• License plate number
• Road conditions
• Any property damage
• Insurance information (name of the insurance company and policy number)

You might also want to gather the names and numbers of any nearby witnesses. All of this information will help you with the police report, claims process, and any lawsuits.

With the pain-numbing adrenaline pumping and the urgency of the moment springing you to action, it’s easy to overlook the severity of your injuries (especially internal injuries) and not seek medical attention. You might walk away from the accident thinking you’re fine, only to later experience fatigue, soreness, or a more serious head injury hours or days later.

Research from the CDC has shown that motor vehicle crashes were a leading cause of traumatic brain injury, which led to 64,000 deaths in 2020.³ The sooner you get checked by a doctor, the sooner you can get the help you need and gain the proper compensation for your bodily injuries.

1. Call 911: Whether or not someone is hurt, you should always call 911 after an accident so you can make a recorded statement. In some states, calling the police after an accident is legally required. And if the other driver is at fault and has hit your car, you’ll want to document that information with the police as soon as possible.
2. Exchange information: As noted above, while you don’t want to get into an argument or confrontation with the other party, you do want to exchange information. If you hit someone’s parked car or, worse, they hit your parked car, you should leave a note or look for a note they may have left you.
3. Contact your insurance provider: In some cases, you’ll have to reach out to your provider directly after an accident to get coverage. Letting your provider know as soon as possible will ensure you get your repairs faster, account for all the vehicle damages/injuries, and avoid difficult claims situations (such as if the other driver doesn’t have insurance, requiring uninsured motorist coverage).