The money side of an injury claim

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What to do after a car accident that wasn’t your fault

Not being at fault doesn’t mean the claim takes care of itself. What you do in the first hours and days — reporting the crash, gathering evidence, getting care, and how you deal with the other driver’s insurer — decides how much of your loss you actually get back.

Reviewed by Morgan Hale, EditorUpdated Sources (32) · Editorial policy

The short version:

  • Report it if your state requires it — from $500 in damage in Florida and Georgia to a DMV report in California and New York.
  • Collect evidence now: photos, witnesses, the police report number, the other driver’s insurer.
  • Claim against their insurer, but don’t sign a release until you know your injuries. In no-fault states your own PIP pays medical bills first.
In this guide
  1. At the scene
  2. When you must report the crash, by state
  3. In the first days
  4. Whose insurance pays
  5. If fault is disputed, and how long you have
  6. Frequently asked questions
  7. Sources

At the scene

  1. Get safe and call 911 if anyone is hurt. Turn on hazard lights; move the cars only if it’s safe and your state allows it.
  2. Exchange information: names, phone numbers, driver’s license, plate, insurer and policy number. All 10 of the largest states require drivers to stop and give their information after a crash — see the hit-and-run rules in leaving the scene.
  3. Photograph everything: both cars from several angles, the road, signals and signs, skid marks, the other driver’s plate and insurance card, and your injuries.
  4. Get witnesses — names and phone numbers. An independent witness is often the strongest evidence of who was at fault.
  5. Don’t argue fault or apologize. Describe what happened to the police; leave fault to the report and the insurers.

When you must report the crash, by state

StateWhat the driver must do
CaliforniaFile a written report with the DMV within 10 days if anyone was hurt or killed, or property damage to any one person was over $1,000. (Veh. Code § 16000(a))
TexasNotify the police immediately if anyone was hurt or killed, or a vehicle can’t be normally and safely driven. (Transp. Code § 550.026)
FloridaNotify the police immediately if anyone was hurt or killed, or apparent damage to any vehicle or property is $500 or more. (Stat. § 316.065(1))
New YorkFile a written report with the DMV within 10 days if anyone was hurt or killed, or property damage to any one person was over $1,000. (Veh. & Traf. Law § 605(a))
PennsylvaniaNotify the police immediately if anyone was hurt or killed, or a vehicle can’t be driven under its own power and has to be towed. (75 Pa.C.S. § 3746(a))
IllinoisIf no officer is at the scene, notify the police immediately if anyone was hurt or killed, or property damage is over $1,500 ($500 if a vehicle involved is uninsured). (625 ILCS 5/11-407)
OhioStop and give your name, address and registration to the other driver, any injured person and the officer; call the police if an injured person can’t take down the information. Separately, you may report an uninsured driver to the BMV within 6 months. (R.C. 4549.02, 4509.06)
GeorgiaNotify the police immediately if anyone was hurt or killed, or apparent property damage is $500 or more. (O.C.G.A. § 40-6-273)
North CarolinaNotify the police immediately after a “reportable crash”: anyone hurt or killed, or total property damage of $1,000 or more. (G.S. 20-166.1(a), 20-4.01(33b))
MichiganReport immediately to the police if anyone was hurt or killed, or apparent property damage totals $1,000 or more. (MCL 257.622)

Even when the law doesn’t require it, a police report is usually worth getting: it records the other driver’s information, witnesses and sometimes a citation, and insurers rely on it. If the other driver leaves, see what to do after a hit and run.

In the first days

  1. Get medical care, even for pain that seems minor. Some injuries show up later, and a gap in treatment gives the insurer room to argue.
  2. Notify your own insurer. Policies require prompt notice, and in Florida, New York, Pennsylvania and Michigan your own no-fault coverage pays your medical bills first.
  3. Open a claim with the at-fault driver’s insurer for your car, rental and injuries. Get the claim number and adjuster’s name.
  4. Keep records: medical bills, missed work, repair estimates, receipts — and a short diary of pain and limits on daily life.
  5. Be careful with statements. You can decline a recorded statement until you’ve had care and advice. Don’t post about the crash on social media.

Whose insurance pays

  • Your car: the at-fault driver’s property damage liability, or your own collision coverage (faster; your insurer can seek repayment, including your deductible). Rental costs too — see rental car after an accident.
  • Your injuries: the at-fault driver’s bodily injury liability, up to the policy limit. In no-fault states, your PIP first. If the other driver has no insurance, see when the other driver is uninsured.
  • Rates: see at-fault accidents for the states that limit surcharges for accidents you didn’t cause.

If fault is disputed, and how long you have

“Not your fault” is what you know; the insurer decides what it will pay, and a jury decides if it goes to court. If some fault is put on you, your state’s rule decides what that costs:

StateIf you were partly at faultDeadline to sue for injury
CaliforniaPure comparative fault (Li v. Yellow Cab Co. (1975))2 years (Code Civ. Proc. § 335.1)
TexasBarred above 50% (Civ. Prac. & Rem. Code § 33.001)2 years (Civ. Prac. & Rem. Code § 16.003)
FloridaBarred above 50% (Stat. § 768.81(2), (6))2 years (Stat. § 95.11(5)(a))
New YorkBarred above 50% (CPLR 1411(a), (b))3 years (CPLR 214(5))
PennsylvaniaBarred above 50% (42 Pa.C.S. § 7102(a))2 years (42 Pa.C.S. § 5524(2))
IllinoisBarred above 50% (735 ILCS 5/2-1116)2 years (735 ILCS 5/13-202)
OhioBarred above 50% (R.C. 2315.33)2 years (R.C. 2305.10(A))
GeorgiaBarred at 50% (O.C.G.A. § 51-12-33(a), (g))2 years (O.C.G.A. § 9-3-33)
North CarolinaContributory negligence (N.C. common law)3 years (G.S. 1-52(16))
MichiganReduced; no pain-and-suffering damages above 50% (MCL 600.2959)3 years (MCL 600.5805(2))

New York’s row reflects its 2026 rule for car accident injury suits. For how a claim turns into a check, see how car accident settlements work; to see what you’d keep after fees and liens, use the take-home calculator.

Frequently asked questions

What should I do after a car accident that wasn’t my fault?

Make sure everyone is safe and call 911 if anyone is hurt. Report the crash if your state requires it, exchange information, photograph the scene and get witnesses’ contact details. Get medical care, notify your insurer, and file a claim with the at-fault driver’s insurer. Don’t admit fault, and don’t sign a release or accept a final payment until you know the extent of your injuries.

Should I file with my insurance or theirs if the accident wasn’t my fault?

Usually you claim against the at-fault driver’s insurance for your car and injuries. You can also use your own collision coverage to get your car fixed faster; your insurer may then seek repayment from the other driver’s insurer, including your deductible. In Florida, New York, Pennsylvania and Michigan, your own no-fault coverage pays your medical bills first regardless of fault.

Do I have to call the police after a minor accident?

It depends on the state and the damage. Florida and Georgia require notice to the police when apparent damage is $500 or more; Michigan and North Carolina at $1,000; Illinois above $1,500 if no officer is there. California and New York require a written report to the DMV within 10 days when damage to any one person’s property is over $1,000. An injury or death triggers the duty everywhere in the table on this page.

Will my insurance rates go up if the accident wasn’t my fault?

Some states limit surcharges for accidents you didn’t cause. See our guide to at-fault accidents, which covers the rules in California, New York, Florida, Pennsylvania and North Carolina.

Should I talk to the other driver’s insurance adjuster?

You’ll need to report the claim and give basic facts, but you don’t have to give a recorded statement right away. Stick to facts, don’t guess about speed or distances, and don’t describe your injuries as minor before a doctor has examined you.

Keep going

Reviewed by

Morgan Hale, Editor. Writes about the financial side of injury claims — fees, liens, timelines and state rules — and checks every page against its sources before it’s published. Not a lawyer; “Morgan Hale” is a pen name. Editorial policy · How we calculate

Sources

  1. Cal. Veh. Code § 16000 — Report to the DMV within 10 days: injury, death or damage over $1,000 (FindLaw (California Vehicle Code))
  2. Tex. Transp. Code § 550.026 — Immediate notice of a collision to police or sheriff (FindLaw (Texas Transportation Code))
  3. Fla. Stat. § 316.065 — Crashes: immediate notice to police; $500 apparent damage (The Florida Senate)
  4. N.Y. Veh. & Traf. Law § 605 — Report within ten days: injury, death or damage over $1,000 (New York State Senate)
  5. 75 Pa.C.S. § 3746 — Immediate notice of accident to police (FindLaw (Pennsylvania Consolidated Statutes))
  6. 625 ILCS 5/11-407 — Immediate notice of crash: injury, death or damage over $1,500 ($500 if uninsured) (FindLaw (Illinois Compiled Statutes))
  7. Ohio R.C. 4549.02 — Stopping after an accident; exchange of information (FindLaw (Ohio Revised Code))
  8. Ohio R.C. 4509.06 — Accident reports of uninsured motorists: within six months (FindLaw (Ohio Revised Code))
  9. O.C.G.A. § 40-6-273 — Immediate notice of accident to police: injury, death or $500 apparent damage (FindLaw (Georgia Code))
  10. N.C. Gen. Stat. § 20-166.1 — Reports and investigations required in event of a reportable crash (FindLaw (North Carolina General Statutes))
  11. N.C. Gen. Stat. § 20-4.01(33b) — Definition of reportable crash: injury, death or $1,000 total property damage (FindLaw (North Carolina General Statutes))
  12. MCL 257.622 — Report of accident to police: injury, death or $1,000 apparent damage (FindLaw (Michigan Compiled Laws))
  13. California Code of Civil Procedure § 335.1 — Two years for injury to, or death of, an individual (FindLaw (California Code of Civil Procedure))
  14. Texas Civil Practice and Remedies Code § 16.003 — Two years for personal injury, property damage and wrongful death (FindLaw (Texas Civil Practice and Remedies Code))
  15. Florida Statutes § 95.11 (2025) — Limitations other than for the recovery of real property (The Florida Senate)
  16. New York CPLR § 214 — Three years for personal injury and injury to property (New York State Senate)
  17. 42 Pa.C.S. § 5524 — Two years for personal injury, wrongful death and injury to personal property (FindLaw (Pennsylvania Judicial Code))
  18. 735 ILCS 5/13-202 — Two years for personal injury (FindLaw (Illinois Code of Civil Procedure))
  19. Ohio Revised Code § 2305.10(A) — Two years for bodily injury or injuring personal property (FindLaw (Ohio Revised Code))
  20. O.C.G.A. § 9-3-33 — Two years for injuries to the person (four for loss of consortium) (FindLaw (Official Code of Georgia))
  21. N.C. Gen. Stat. § 1-52(4), (16) — Three years for personal injury and property damage (FindLaw (North Carolina General Statutes))
  22. Michigan Compiled Laws § 600.5805(2) — Three years for death or injury to a person or property (FindLaw (Michigan Revised Judicature Act))
  23. Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) — California adopts “pure” comparative negligence (FindLaw (Supreme Court of California))
  24. Texas Civil Practice and Remedies Code § 33.001 — No recovery if the claimant is more than 50 percent responsible (FindLaw (Texas Civil Practice and Remedies Code))
  25. Florida Statutes § 768.81 (2025) — Comparative fault; no recovery if more than 50 percent at fault (The Florida Senate)
  26. New York CPLR § 1411 — Damages diminished by culpable conduct; 2026 bar for motor vehicle cases under Insurance Law article 51 (New York State Senate)
  27. 42 Pa.C.S. § 7102 — Comparative negligence (no recovery if the plaintiff’s negligence is greater than the defendants’) (FindLaw (Pennsylvania Judicial Code))
  28. 735 ILCS 5/2-1116 — Plaintiff barred if more than 50% of the proximate cause (FindLaw (Illinois Code of Civil Procedure))
  29. Ohio Revised Code § 2315.33 — Contributory fault doesn’t bar recovery unless greater than the others’ combined fault (FindLaw (Ohio Revised Code))
  30. O.C.G.A. § 51-12-33 — Damages reduced by fault; no recovery at 50 percent or more (FindLaw (Official Code of Georgia))
  31. Fault Lines: Understanding Negligence Doctrines (North Carolina’s contributory negligence rule and its exceptions) (UNC School of Government, On the Civil Side blog)
  32. Michigan Compiled Laws § 600.2959 — Comparative fault; no noneconomic damages if more than 50% at fault (FindLaw (Michigan Revised Judicature Act))

Not legal or financial advice. InjuryMath is not a law firm and does not sell or broker funding. This page gives general information based on the sources listed; your contracts and your state’s law control. For advice about your situation, talk to a licensed attorney in your state.