You've Had a Car Accident in the US — Here's What to Do Next
From the scene of the accident to filing your claim, here's the real step-by-step process for the US, including why police report rules vary so much by state.
The minutes right after a car accident matter more than most people realize — both for safety and for how smoothly your claim goes afterward. Here's the actual process, and where US state rules diverge.
Immediately After the Accident
Check for injuries first. If anyone is hurt, or if the vehicles are blocking traffic, call 911 before anything else. Move vehicles to the shoulder if it's safe and legal to do so — many states actually require this under "move over" laws when there's no injury and vehicles are drivable, precisely to prevent secondary collisions.
Exchange Information
Get the other driver's name, contact details, insurance company and policy number, and licence plate. Take photos of both vehicles' damage, the surrounding scene, road conditions, and any visible skid marks or signage. Photos matter more than most drivers realize once a claim moves to a fault determination.
Do You Need to Call the Police?
This is where state rules genuinely diverge. Many states require a police report if damage exceeds a set dollar threshold (commonly $1,000–$2,500, though this varies), or if there's an injury, or if a vehicle needs towing. Some states also allow or require a separate self-filed report to the DMV if police don't attend the scene. Since the threshold and requirement differ by state, when in doubt, call the police anyway — a police report is one of the most useful pieces of documentation an insurer can review.
Notify Your Insurer
Report the accident to your own insurer as soon as reasonably possible, even if you weren't at fault — many policies require prompt notification as a condition of coverage. In no-fault states, you'll typically file a claim with your own insurer regardless of fault, since your Personal Injury Protection (PIP) coverage handles your medical costs directly. In at-fault states, you may file with your own insurer or the other driver's, depending on the situation and your coverage.
The Claims Process
An adjuster will typically be assigned to assess the damage, either through photos you submit, an in-person inspection, or a visit to a network repair shop. For larger claims, expect the process to take anywhere from a few days to a few weeks depending on complexity, disputes over fault, and whether injuries are involved.
Statute of Limitations Varies Significantly
If you need to pursue a legal claim (separate from your insurance claim) for damages, every state sets its own statute of limitations — the deadline by which you must file. This ranges from as little as 1 year in some states to 6 years in others. This is a real, meaningful difference and worth knowing if a dispute over fault or compensation isn't resolving through the normal claims process.
If the Other Driver Is Uninsured
Given the national uninsured driver rate hovers around 1 in 8 (with significant state variation), this isn't a rare scenario. If you have Uninsured/Underinsured Motorist coverage, this is where it applies — filing directly with your own insurer for damages the other driver can't cover themselves.
The Practical Takeaway
Document everything at the scene regardless of how minor the accident seems, know your state's police report threshold in advance rather than guessing in the moment, and notify your insurer promptly even for accidents you weren't clearly at fault for.
Frequently Asked Questions
Do I always need to call the police after a car accident in the US?
It depends on your state's threshold — often based on damage cost or injury. When in doubt, calling is safer, since a police report strengthens your claim.
What happens if the other driver has no insurance?
If you have Uninsured/Underinsured Motorist coverage, you can file a claim directly with your own insurer for the damages.
How long do I have to file a legal claim after an accident?
This is set by your state's statute of limitations, ranging from about 1 to 6 years depending on the state and type of claim.