You were hit. It was clearly the other driver. You expect their insurer to sort it out.
That expectation is where most people’s claims start going wrong.
The other driver’s insurance company is not on your side. It is a business that pays out as little as it lawfully can, its adjuster is trained and experienced, and you are dealing with your first serious claim while still shaken from a collision. That imbalance is the whole problem, and almost everything below exists to correct for it.
Here is what to do, in order, and the specific traps that cost people money when fault seemed obvious.
At the scene
Safety first, always. Check for injuries, call 911 if anyone is hurt, turn on hazard lights, and move vehicles out of traffic only if it is safe and lawful to do so.
Call the police, even for a minor collision. An independent official record of what happened is the single most valuable document you can get, and it is far harder to obtain later. If police will not attend, ask how to file a report yourself.
Exchange information properly. Names, addresses, phone numbers, insurer names, policy numbers, driver’s license numbers, and the registration, make, model and colour of each vehicle.
Photograph more than you think you need. Both vehicles from several angles, close-ups of damage, the wider scene showing road position and signals, skid marks, debris, road and weather conditions, and any visible injuries.
Get witness details. Independent witnesses are disproportionately powerful, and they disappear within minutes. A name and mobile number is enough.
Do not discuss fault, and do not apologise. Not to the other driver, not to bystanders. This is not about dishonesty. A reflexive “I’m so sorry” at the roadside is routinely repeated back later as an admission. Stick to facts.
Get medical attention, even if you feel fine
This is the step most commonly skipped by people who were not at fault, and the one insurers exploit hardest.
Adrenaline masks injury. Soft tissue injuries, concussion symptoms and back injuries frequently present hours or days later.
A gap between the collision and treatment is the most common argument used to dispute causation. If you first see a doctor three weeks later, the insurer will argue something else caused your injury in the meantime, and that argument is easier to make than you would like.
Get checked promptly, describe every symptom rather than only the worst one, and follow the treatment plan. Gaps in treatment are used the same way as gaps before it.
Report to your own insurer, even when it was not your fault
People resist this, worrying it will raise their premium. Report anyway.
Most policies require prompt notification of any accident, and failing to report can jeopardise your own coverage. Reporting a not-at-fault accident is not the same as claiming on your own policy.
Your own insurer may also be the one who pays initially, depending on your state and coverage. Which brings us to the thing that changes everything.
No-fault states change the whole picture
A dozen or so states use some form of no-fault insurance, and if you are in one, much of the standard advice does not apply in the usual way.
In broad terms, in a no-fault state your own insurer pays your medical expenses and certain other losses through personal injury protection coverage, regardless of who caused the collision. Your ability to step outside that system and sue the at-fault driver is limited unless your injuries meet a threshold set by state law.
The rules, thresholds and coverage differ meaningfully between states, and some states use hybrid or optional arrangements.
Establish early which system your state uses, because it determines who pays, what you can recover, and whether a claim against the other driver is even available.
The recorded statement request
Within days, expect a call from the other driver’s insurer asking for a recorded statement.
You are generally not obliged to give a recorded statement to the other party’s insurer. Your own policy may require cooperation with your own insurer, which is a different thing.
Adjusters are skilled at open questions that produce useful answers. “How are you feeling today?” is not small talk. “I’m fine, thanks” becomes evidence that your injuries were minor.
If you are asked for one, it is reasonable to decline politely until you have taken advice, or at minimum until your medical position is understood. Provide factual information about the collision in writing instead.
Fault is rarely treated as all or nothing
Here is the part that surprises people who were plainly not at fault.
Insurers routinely argue that the injured person bears some share of blame, and in most states that share reduces what you recover. Cornell’s Legal Information Institute explains comparative negligence, and the approaches broadly split three ways.
Pure comparative negligence. Your damages are reduced by your percentage of fault.
Modified comparative negligence. You recover only if your share is below a threshold, commonly around half. Cross it and you recover nothing.
Contributory negligence. Used in a small number of jurisdictions, where being even slightly at fault can bar recovery entirely.
Which rule applies depends on your state, and it is worth establishing early, because it explains the behaviour you are about to encounter. Arguments that you were speeding slightly, braked late, were distracted, or could have avoided the collision are not random. They are attempts to shift a percentage, and every percentage point has a price.
The early offer
A settlement offer often arrives quickly, sometimes before your treatment has finished.
Early offers are opening positions, not valuations. More importantly, accepting one generally means signing a release that ends the matter permanently. If your injury turns out worse than expected, or needs surgery six months later, you cannot go back.
Do not settle a personal injury claim before your medical position is clear. Property damage can often be settled separately and earlier, which is worth asking about if you need your vehicle repaired.
Our guide to what drives a settlement amount explains the factors that decide the underlying number, and the same logic applies to vehicle collisions.
Watch the deadline
Every state sets a statute of limitations for injury claims, and once it expires the claim is generally gone regardless of how clear the other driver’s fault was.
Negotiating does not pause it. An insurer that keeps a claim moving pleasantly for eighteen months has extended nothing.
Claims involving a government vehicle or a public entity often carry far shorter notice deadlines, sometimes measured in months. See our guide to the personal injury statute of limitations for how the clock works and what pauses it.
When to involve a lawyer
Probably not needed: minor damage, no injury, clear fault, and an insurer processing the claim without argument.
Worth taking advice: any injury requiring more than a check-up, time off work, disputed or shared fault, a commercial or government vehicle, an uninsured or hit-and-run driver, or an insurer pressing you to settle or give a recorded statement.
Most personal injury lawyers offer a free consultation and work on contingency, so establishing where you stand costs nothing. Our guide to what a personal injury lawyer costs explains contingency fees, and the deductions that come out of a settlement before you see it.
If the other driver was uninsured or fled
Two situations worth knowing about in advance.
Uninsured or underinsured motorist coverage on your own policy may cover you where the at-fault driver has no insurance or not enough. Many people carry it without realizing.
Hit and run. Report it to the police immediately. Your uninsured motorist coverage may apply, and a prompt police report is usually a condition of that.
What not to do
- Do not admit fault or apologise at the scene
- Do not give a recorded statement to the other insurer before taking advice
- Do not accept an early offer before your treatment is complete
- Do not sign a broad medical authorisation without understanding its scope
- Do not post about the accident or your injuries on social media, since insurers do look
- Do not exaggerate anything, because a single overstated claim undermines everything else
- Do not let the deadline approach while you wait for the insurer
Frequently asked questions
The accident was clearly not my fault. Why is the insurer arguing?
Because in most states fault is apportioned by percentage rather than decided outright, and every percentage they can attribute to you reduces what they pay. Arguments about your speed, attention or reaction time are attempts to shift that percentage. It does not mean your claim is weak.
Do I have to give the other driver’s insurer a recorded statement?
Generally no. You are usually not obliged to give a recorded statement to the other party’s insurer, though your own policy may require cooperation with your own insurer. It is reasonable to decline until you have taken advice or until your medical position is clear, and to provide factual information in writing instead.
Should I report the accident to my own insurance if it was not my fault?
Yes. Most policies require prompt notification of any accident, and failing to report can put your own coverage at risk. Reporting is not the same as claiming, and in a no-fault state your own insurer may be the one paying your medical expenses regardless of blame.
How long do I have to make a claim?
It depends on your state and the type of claim, and claims involving government vehicles often have much shorter deadlines. The limitation period runs while you negotiate, so an insurer taking months to respond does not extend it. Confirm the deadline that applies to you with a licensed attorney rather than relying on a general figure.
Should I accept the first offer?
Rarely, and not before your medical position is clear. First offers are opening positions, and accepting one generally means signing a release that permanently ends the claim. If your injury later proves worse than expected, you cannot return for more.
What if I feel fine after the accident?
Get checked anyway. Adrenaline masks injuries, and soft tissue damage and concussion symptoms often appear days later. A gap between the collision and treatment is the most common way insurers dispute that the crash caused your injury.
What if the other driver had no insurance?
Check whether your own policy includes uninsured or underinsured motorist coverage, which many drivers carry without realizing. Report the incident to the police promptly, particularly in a hit and run, since a police report is often a condition of that coverage applying.
Does it matter which state I was in?
Considerably. States differ on whether they use a no-fault insurance system, on how shared fault reduces recovery, and on filing deadlines. Two identical collisions in different states can produce quite different outcomes, which is why advice from an attorney licensed in that state matters.
This article is general information, not legal or medical advice. Insurance rules, fault apportionment and filing deadlines vary by state and change over time. If you have been injured, speak to a licensed attorney in your state promptly, because deadlines apply and missing one usually ends the claim.