What Happens After a Car Accident: Claims, Rate Increases and When People Call a Lawyer

At the scene: the first steps

1. Check for injuries and call 911 if anyone is hurt. Medical help comes first.
2. Make the scene safe. Turn on hazard lights. If no one is hurt and the cars can move, many states expect drivers to move out of traffic lanes.
3. Call the police when required. Many states require a report to police or the DMV when a crash involves injury, death or property damage above a set dollar amount. A police report also helps your claim.
4. Exchange information. Get each driver's name, phone number, insurance company and policy number, driver's license number, license plate and vehicle make and model. Collect names and phone numbers of witnesses.
5. Document everything. Photograph vehicle positions, damage, skid marks, road signs, weather and any visible injuries. Note the time and exact location.
6. Stick to facts. Be polite and truthful, but don't guess or argue about who caused the crash. Fault is decided later from the evidence.
7. Get checked by a medical professional if you feel any pain. Some injuries show up hours or days later, and records made soon after the crash matter for injury claims.

Whose insurance pays?

The answer depends on fault and on your state's system. This table shows the usual pattern:

If you use your own collision coverage and the other driver was at fault, your insurer may pursue the other driver's insurer to recover what it paid, including your deductible. This is called subrogation. See no-fault vs. at-fault states and uninsured motorist coverage for details.

How the claim process works

1. Notify your insurer promptly, even if you believe the other driver will pay. Policies require prompt notice, and late reporting can complicate coverage.
2. Choose where to file. You can file with your own insurer (a first-party claim) or with the other driver's insurer (a third-party claim).
3. Get a claim number and an adjuster. Write down the name and contact details of everyone you speak with, and ask about deadlines for sending documents.
4. Inspection and estimate. The insurer inspects the car in person, at a shop or through photos you upload. Ask whether you can choose your repair shop.
5. Repair or total loss. If repairs would cost more than the car is worth (or more than a percentage set by law in some states), the insurer declares a total loss and pays the car's actual cash value, minus your deductible. If you owe more than that on a loan, gap coverage becomes important.
6. Injury claims take longer. They are usually settled after treatment ends or your condition is stable, so total costs are known.
7. Read before you sign. A settlement release usually ends your right to ask for more money later.

How much insurance goes up after an accident

There is no single answer, and we don't publish a standard percentage because the effect varies so much. What usually matters:

• Fault. An at-fault accident is the main trigger for a surcharge. Many states restrict surcharges for accidents you didn't cause; your state Department of Insurance can tell you the rule where you live.
• Severity. Claims with injuries or large payouts usually have a bigger effect than a minor fender bender.
• Your history. A first accident after years of clean driving usually costs less than a second one within a short period.
• Policy features. Some policies include or sell accident forgiveness, which waives the surcharge for a first accident.
• Timing. Increases usually appear at renewal, not mid-term. NAIC notes that insurers typically review about three years of driving history, so the effect usually fades with time.

If your renewal price jumps, ask the insurer which items on your record caused it, check that they are accurate, and compare quotes. The premium estimator lets you compare an estimate with a clean record against one with an at-fault accident.

If you disagree with the insurer

• Ask the adjuster to explain the decision in writing and to point to the policy language it relies on.
• Send your own evidence: photos, independent repair estimates, medical bills, the police report or listings of comparable cars for a total-loss value.
• For disputes over the amount of car damage, check whether your policy has an appraisal clause, which lets each side hire an appraiser.
• Ask for a supervisor or the insurer's internal review.
• File a complaint with your state Department of Insurance. Regulators can't act as your lawyer, but they do review how insurers handle claims.

When people typically talk to a car accident attorney

Many accident claims are settled directly with insurers. People more often consult an attorney when:

• Someone was seriously injured or killed, or medical treatment is ongoing.
• Fault is disputed, or the crash involved several vehicles, a commercial truck, a rideshare driver or a government vehicle.
• The insurer denies the claim, delays without explanation or offers an amount that doesn't cover documented costs.
• The at-fault driver has no insurance or too little, and an uninsured or underinsured motorist claim is needed.
• You are being sued. If the claim is covered, your liability insurer usually provides and pays for your defense.
• A deadline is close. Each state sets a time limit (statute of limitations) for filing a lawsuit, and claims against government agencies can have much shorter notice deadlines.

Many personal injury lawyers offer a free first consultation and work on contingency, meaning they are paid a percentage of any recovery. Ask how fees and case costs are calculated before signing anything. Your state bar association can refer you to licensed attorneys. This guide is general information, not legal advice.

Mistakes that can hurt your claim

• Leaving the scene before exchanging information, which can be a crime.
• Waiting weeks to report the accident to your insurer.
• Signing a release before the full extent of injuries is known.
• Posting details or photos of the crash on social media.
• Letting your coverage lapse after the accident, which can make future insurance much more expensive.

Related guides

• No-Fault vs. At-Fault States: How Car Insurance Pays After a Crash
• Uninsured and Underinsured Motorist Coverage: How UM/UIM and Stacking Work
• Car Insurance Deductibles: How to Choose Between $500, $1,000 and More
• Gap Insurance: How It Works, What It Covers and When It's Worth It
• PIP vs. Medical Payments Coverage: How Your Car Insurance Pays for Injuries