Car accident guide
What to Do After a Car Accident That Wasn’t Your Fault
If another driver caused your accident, knowing what to do next can help protect your health, document what happened, and preserve your options for compensation.
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What Should You Do After a Car Accident That Wasn’t Your Fault?
If you’re wondering what to do after a car accident that’s not your fault, the first steps are about safety, a clear record of what happened, and your health. These six priorities apply in most situations:
- 1Check for injuries and move to safety when possible.If the vehicles can be moved and it is safe, get out of traffic. Turn on hazard lights. Don't move anyone who may be seriously hurt.
- 2Call emergency services when needed and report the accident.Call 911 if anyone is hurt or the road is blocked. Many states require a report for crashes with injuries or significant damage.
- 3Exchange information and document the scene.Get the other driver's name, insurer, policy number and plate. Photograph vehicles, the road, signs, and visible injuries, and note any witnesses.
- 4Get appropriate medical attention.See a clinician even if you feel fine. Some injuries, such as whiplash or concussion, show up hours or days later.
- 5Notify the appropriate insurer and keep records.Tell your own insurer promptly, as most policies require. Keep claim numbers, letters, bills, and dated notes of every call.
- 6Consider a free case review if you were injured or fault is disputed.An attorney can explain your options before you give a recorded statement or sign anything.
General information, not legal advice. Rules vary by state.
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Check what you’ve done since the accident
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What to Do Immediately After an Accident That Wasn't Your Fault
Stay at the scene
Leaving the scene can have legal consequences, even when the other driver caused the crash.
Stick to facts with the other driver
Exchange details calmly. You don't need to debate who caused it — that will be decided from the evidence.
Photograph before anything moves
Vehicle positions, damage, skid marks, traffic signals, weather, and your injuries.
Get witness names and numbers
Independent witnesses can be hard to find later.
Ask for the report number
If police respond, note the agency and report number so you can request a copy.
How to Prove You Weren’t at Fault
Responsibility is decided from evidence. Useful evidence often includes:
- Photos and video of the vehicles, road, and signs
- Witness names and contact details
- The police or accident report (how to get a copy of the police report)
- Dashcam footage, and nearby business or traffic cameras, which are often overwritten quickly
- Repair estimates showing where and how the vehicles were hit
Fault can still be disputed even when it seems clear. A police report is important, but it does not necessarily decide civil liability — insurers and courts can reach their own view.
Whose Insurance Do You Call After an Accident?
Notifying your own insurer and making a claim against the other driver are two different things.
- Your insurer: most policies require prompt notice of any accident, whoever caused it.
- The other driver’s insurer: a claim for their driver’s responsibility is usually made here.
- No-fault states: your own personal injury protection may pay certain medical costs first, regardless of fault.
Coverage and procedures vary by state and by policy. Read your policy or ask your insurer what applies.
Who Pays Your Medical Bills After a Car Accident?
It depends on the circumstances, the insurance available, and your state’s law. Depending on your situation, sources may include personal injury protection or medical payments coverage on your own policy, your health insurance, or the at-fault driver’s liability insurance, which often pays later, once a claim is resolved.
Keep every bill, explanation of benefits, and receipt, and follow the treatment you are given. Delayed symptoms count too — see our delayed accident injuries check.
What Not to Say to an Insurance Adjuster
- Stick to facts you know. Don’t guess speeds, distances, or how badly you are hurt.
- Avoid saying you are “fine” before you’ve been checked — symptoms can appear later.
- You can ask to respond to the other driver’s insurer later, or in writing, instead of giving a recorded statement straight away.
- Read anything carefully before you sign it, especially a release or medical authorization.
Always be truthful and cooperate with your own insurer as your policy requires. More on dealing with insurance adjusters.
What If the Other Driver Denies Being at Fault?
Conflicting accounts are common. When stories differ, the evidence matters most: photos, vehicle damage, witnesses, video, and the report. Insurers may also decide fault was shared. Shared fault doesn’t necessarily end a claim — in many states it reduces recovery rather than barring it, though rules differ.
What Compensation Might Be Available?
Depending on the evidence and the law where the crash happened, a claim may include:
- Medical expenses, past and expected
- Lost income (how lost wages are calculated)
- Vehicle and property damage
- Pain and suffering
There is no reliable general figure. Be cautious of any number quoted before your treatment and the facts are known.
When Should You Contact a Car Accident Lawyer?
Legal help may be useful when you have:
- Injuries requiring medical treatment
- Significant medical expenses
- Missed work
- Disputed fault
- A denied claim or a low offer
- Serious or delayed symptoms
You can request a free car accident case review to see whether a participating attorney may be able to help. For the broader steps, read our complete guide to what to do after a car accident.
Frequently Asked Questions
What should I do first if a car accident wasn't my fault?
Make sure everyone is safe and get medical help if anyone is hurt. Then report the accident as required, exchange information, and photograph the scene. Being not at fault doesn't change these first steps — it makes the documentation more important.
Do I call my insurance or the other driver's insurance?
Usually both may be involved. Most policies require you to notify your own insurer promptly. A claim for the other driver's responsibility is typically made with their insurer. How this works depends on your policy and your state, including whether it uses a no-fault system.
Should I see a doctor if I feel fine?
Generally, yes. Some injuries take days to appear, and an early medical record helps show when symptoms started. A clinician, not a website, should assess your symptoms.
What if the other driver has no insurance?
Your own policy may include uninsured or underinsured motorist coverage, depending on what you bought and your state's rules. Check your policy and tell your insurer as soon as you know.
What if the insurance company says I'm partly at fault?
An insurer's view of fault is not the final word. Many states reduce, rather than bar, recovery when fault is shared, while some states have stricter rules. Evidence such as photos, witnesses, and the report can matter.
How long do I have to file a claim?
Deadlines are set by state law and vary by claim type. Claims involving a government vehicle or agency can have much shorter notice periods. Check the rules where the accident happened rather than relying on a general figure.
Do I need a lawyer if the accident wasn't my fault?
Not always. Legal help tends to be more useful when you were injured, treatment is ongoing, you missed work, fault is disputed, or an insurer has denied the claim or made a low offer.
Can I request a free case review if I'm unsure who caused the accident?
Yes. You don't need to know who was at fault to request a review. Shared, disputed, or unclear fault can still be looked at.
AskLegally is not a law firm and does not provide legal advice. This page is general information; submitting a request does not guarantee an attorney will take your case.