If you've been rear-ended, the first thing you should do is check that everyone involved is okay and speak with the police or local authorities. Then, you should call your insurance company to explain the incident and get your claim started as soon as possible. It's not advisable to talk to the other driver's insurance company, as they may use anything you say against you to create reasonable doubt over who caused the accident.
Characteristics | Values |
---|---|
What to do after being rear-ended | Call 911 to get a police officer to the scene of the accident and wait until help arrives |
Get the police report number for the accident | |
Get the attending officer's name and badge number | |
Collect the other driver's name, phone number, address, driver's license, license plate, VIN number, and insurance information | |
Get witness information and documentation | |
Call your auto insurance company and start a claim | |
If you have comprehensive insurance, your insurance company will pay you out and then deal with the other company for compensation | |
If you have third-party liability insurance, your insurance company won't help you and you'll need to call the other driver's insurance company | |
If the other driver is uninsured or underinsured, your uninsured/underinsured motorist coverage can provide additional coverage |
What You'll Learn
Call your insurance company first
If you've been rear-ended, the first thing you should do is check that everyone involved is okay and speak with the local authorities. You should then call your insurance company to inform them of the incident and get your claim started as soon as possible. This is the case even if you are not at fault for the accident. Calling your insurance company first is important because it connects your future claim to the accident.
Calling your insurance company first is also important because it means you can avoid speaking to the other driver's insurance company. The other driver is responsible for contacting their insurer about the accident. Their insurance company is more interested in controlling the cost of paying for the accident and may use anything you say against you to create reasonable doubt over who caused the accident. They may also offer you a lump sum settlement that requires you to sign away your ability to file a liability claim. If you absolutely have to speak to the other party's insurance, it's best to let your insurance agent do the talking.
If the other driver doesn't have insurance or doesn't have enough insurance to cover the costs, your full coverage insurance should help you cover these costs. Uninsured or underinsured motorist coverage can provide additional coverage in these situations and is sometimes required by your state.
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Don't speak to the other driver's insurance company
After a car accident, you are not legally required to speak with the other driver's insurance company. In fact, most legal experts advise against it. This is because the other driver's insurance company is not on your side and is looking for reasons to reduce their payout or deny your claim. They may try to get you to say something that could be used against you to pin the blame on you or get you to accept a quick, low settlement.
If you do choose to speak to the other driver's insurance company, keep it simple and only answer the questions asked. Do not elaborate or provide unnecessary details, and avoid getting into a friendly chat. Do not agree to have your statement recorded, and do not speculate or guess any answers.
If the other driver is clearly at fault and has refused to speak to their insurance company, you may need to communicate some information about the accident. In this case, it is best to be very careful about what you say. Do not discuss how you are feeling or the extent of your injuries, as these may not be clear immediately after the accident. Do not apologise or make any statements about your role in the accident, and do not accept any money or sign anything.
Instead, it is recommended that you speak to your own insurance company, which is required to handle your claim. They will take care of all interactions with the other driver's insurer. If you have not heard from the other driver's insurance company, your insurer will go after them.
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File a police report
It's always a good idea to file a police report after an accident. The police report will help your insurance company process your claim and can be used as evidence if the at-fault driver disputes liability. In addition, some states require you to file a police report after an accident.
If you don't file a police report, you can still file an insurance claim or a lawsuit against the at-fault driver. However, the lack of a police report may make it more challenging to prove that the other driver was at fault.
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Collect the other driver's information
Being in a car accident can be stressful, and it can be easy to forget to collect the other driver's information. However, it is important to try to remain calm and collect as much information as you can. Here are some detailed steps to follow to ensure you collect the necessary information from the other driver involved in the accident:
- Get their basic information: This includes the other driver's full name, phone number, and address. Having their contact information will be crucial if you need to reach out to them or their insurance company later on.
- Driver's license information: Ask to see their driver's license and make a note of their driver's license number. This will help identify the driver and ensure that the information they provide is accurate.
- Vehicle information: Take note of the other vehicle's license plate number, vehicle identification number (VIN), and make and model. This information will be useful when filing an insurance claim and tracking down the other driver if needed.
- Insurance information: Obtain their insurance provider's name and their insurance policy number. Having this information will make it easier to file a claim with their insurance company and initiate the claims process.
- Witness information: If there are any witnesses to the accident, be sure to collect their contact information as well. Witnesses can provide valuable information about what happened and may be needed by the police or insurance companies during the investigation process.
- Take photos: In addition to collecting information, be sure to take photos of the accident scene, including any damage to your vehicle and the other driver's vehicle. These photos can be helpful evidence and may assist in determining fault for the accident.
Remember to stay calm and be polite when interacting with the other driver. Exchanging this information is a standard procedure after a car accident, and it will help facilitate the insurance claims process and ensure that any necessary repairs or medical expenses are covered.
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Take pictures of the damage
Taking pictures of the damage and the accident scene is a crucial step in the aftermath of a car accident. Here are some detailed instructions and tips to help you capture the best visual evidence:
- Capture Vehicle Damage: Take close-up pictures of your vehicle, focusing on the damaged areas. Get as many details as possible, including dents, scratches, shattered glass, and airbag deployment. Repeat this process for all other vehicles involved in the accident. If it is safe to do so, also photograph the interiors of the cars.
- Document the Accident Site: Take pictures of the geographic location of the accident, such as the intersection, parking lot, or any nearby landmarks. If the vehicles have been moved, capture their approximate locations before they were moved. Photograph road signs, traffic signals, skid marks, vehicle debris, and any obstructions on the roadway that may have contributed to the accident, such as tree branches or debris.
- Vary Your Angles and Distances: Try to take pictures from different angles and distances. For close-up shots, get as close as one to five feet from the subject. For medium-distance shots, move back to around 10 to 15 feet. If safe and relevant, capture long-distance or panoramic photos from 20 feet or more away.
- Weather and Lighting: Consider the lighting and weather conditions when taking your photos. Use different flash intensities, and experiment with different camera settings to ensure the damage is clearly visible. Take the same photos with and without a flash if possible.
- Preserve Evidence: Remember that evidence from the accident scene can be quickly removed. Vehicles may be towed, and debris cleared away. Taking pictures as soon as possible will help you preserve vital evidence for your insurance claim or legal case.
- Safety First: Always prioritise your safety and the safety of others. Only take photos if you are uninjured and the scene is safe. If you feel unsteady or lightheaded, refrain from taking pictures, and ask bystanders, police officers, or uninjured passengers for assistance. Provide your contact information so they can send you the photos.
- Consent and Privacy: When photographing injuries, always obtain consent from the injured person before taking or sharing the photos. Avoid taking pictures of someone else's injuries without their permission.
- Time and Date: If your camera or device has the option, enable the time and date stamp on your photos to provide additional context.
- Sort and Review: If your camera allows, review the pictures as you take them to ensure you have captured everything. If you have limited storage, choose your shots carefully. Otherwise, take as many photos as possible and sort through them later.
- Storytelling: Ensure your photos tell a story and include all relevant details of the accident. This will help insurance adjusters, investigators, and juries understand what happened and make informed decisions.
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Frequently asked questions
The first call you should make is to the police. A police report is necessary if you file a claim after your car is hit.
You should then call your insurance company. Your insurer will take care of all the interactions with the other driver's insurer to handle your claim.
No, you should not call the other driver's insurance company. Their insurance is more interested in controlling the cost of paying for the accident and may use anything you say against you to create reasonable doubt over who caused the accident.
You will need to provide the other driver's name, phone number, address, insurance number, driver's license, license plate and VIN numbers, as well as information about their vehicle.