What to Do After a Car Accident

When your car is a total loss, it means the car cannot be repaired safely or that repairs would be too expensive compared to the vehicle's value. If your car is declared a total loss due to a covered scenario, the insurance company will pay you the car's actual cash value and will usually sell the vehicle as scrap.

Once you file a claim, the insurance company will determine whether the car is a total loss. Depending on your state's laws, your car may be totaled if the cost of repairs exceeds a certain percentage of the car's value, such as 75%. If your state does not have a specific total loss threshold, your vehicle will be considered a total loss if the cost of repairs plus the salvage value is greater than the car's actual cash value (ACV).

Insurance Payout for a Total Loss Claim

For a car that was totaled by an accident, you will be reimbursed by the other driver's property damage liability insurance if they were at-fault or your own collision insurance if you caused the wreck.

If the damage was caused by something other than an accident, like vandalism or a natural disaster, you can receive a total loss payout from your own comprehensive coverage.

What to Do If Your Car Is a Total Loss

• If you think the insurer undervalued your car, you can present evidence and negotiate.

• You will likely need to send your insurance company your keys, remove your license plates and personal items from the car, and sign over the title.

• If your car was leased or financed and you have gap insurance or loan/lease payoff coverage, file a claim.

For more information, check out WalletHub's complete guide to totaled cars.

If someone else is driving your car and gets in an accident, your car insurance will likely cover any resulting damage, which means the claim will go on your insurance record and could affect your rates. On the other hand, if your car is taken without permission or the driver is not licensed, the driver is responsible.

Insurance Options After Someone Else Drives Your Car and Gets in an Accident

Remember, using your insurance means you are liable for paying your deductible, even if it's a friend (and not you personally) who crashes your car. Fortunately, your friend's insurance can help if the damage exceeds your coverage. For example, if your policy covers up to $45,000 and the damage is $55,000, the driver's insurance can cover the final $10,000.

However, that isn't the case if you've specifically excluded the driver from your policy. You might choose to leave someone off your insurance because they are a high-risk driver and expensive to insure - like a new driver with multiple speeding tickets, or someone with DUIs on his or her driving record. If that excluded driver crashes your car, your insurance company will refuse to cover the damage.

Insurance Rates After Someone Else Crashes Your Car

Unfortunately, an accident can affect your insurance rates even if you aren't driving. One accident won't necessarily raise your premium by itself. But if you were in another accident not too long before someone else crashes your car, your company is likely to raise your premium, retract your safe-driver discount, or even drop your policy.

At the end of the day, one of the best things you can do is consider adding people to your insurance if they regularly use your car. You don't want to end up with a huge bill if your insurance company denies your claim because of who was driving. Also, make sure your friends have a valid driver's license and car insurance if they're using your car.

If someone hit your parked car, you should file an accident report with the police, even if an officer can't come to the scene. A police report is not always required to file a claim, but it does make the process easier and might come in handy if there is more damage than you initially think.

If the person who hit your car left a note, their insurance company should pay for your expenses with property damage liability insurance. But if the incident was a hit-and-run, you or your insurance company will end up footing the bill.

What to Do After Someone Hits Your Parked Car

1. Contact the police to file an accident report.

An officer might be dispatched to the scene to investigate and write a report, or you might be asked to provide details to your local district in person or online.

2. Document the accident at the scene.

Take photos of the note left by the other driver, if there was one. Photograph any damage to your car and the overall scene, including a view of the roadway, the position of your vehicle, and any wreckage or skid marks.

If possible, get information from witnesses, including names, contact details, and a brief statement. Note the date, time, location, weather conditions, and any other relevant details, too.

3. Begin the claims process with your insurance company.

Your insurance company will guide you through the claims process and contact the other driver's insurance provider on your behalf, if the person who hit your car left a note. If someone hit your car and didn't leave a note, you'll have to file a claim using your own collision coverage or uninsured motorist protection, assuming you carry these coverage types.

Insurance To Use If Someone Hits Your Parked Car

If your car is hit while parked, you can use your collision insurance or uninsured/underinsured motorist coverage to pay for the damage. Both types of coverage typically have a deductible, though, which means you'll probably pay something out of pocket to get your car fixed. You'll also be subject to your policy limits, so you'll be responsible for any cost that exceeds your coverage terms.

Finally, it's important to note that uninsured motorist property damage coverage is not available in some states. And in other states where it is available, you might be unable to use it if the at-fault driver is unidentified. 

The first thing you should do after a car accident that is not your fault is to make sure everyone inside your car is safe and uninjured. Next, call the police, take pictures of the scene, and exchange insurance information with the at-fault driver so you can file a claim with their insurer. You should also report the accident to your insurance company in case you need to file a collision, personal injury protection, or MedPay claim with your own policy.

What to Do After a Car Accident That's Not Your Fault 

1. Move your car away from oncoming traffic and address any injuries. If your car is driveable you should try to move your car out of harm's way to avoid further accidents or injuries.
2. Call the police and file a report. This will help you further along the way when filing an insurance claim since a police report will most likely determine fault.
3. Get the other driver's insurance information. Take a photo of their insurance card so that you can get in touch with their insurer if you need to file a liability claim.
4. Take pictures of the scene and damage to the cars. Insurers require evidence before they can settle a claim. Having pictures from the incident will help speed up the claim process.
5. Report the accident to your insurance company. Even if you don't file a claim with your own insurance, you should still report the accident to your insurer since they might need to update information related to your vehicle.
6. Document any accident-related expenses. An accident can incur a bunch of hidden costs. Make sure you keep track of all expenses related to the accident so that you can be reimbursed.
7. File a property damage and/or bodily injury claim with the other driver's insurance company. Having gathered all the pertinent information, contact the at-fault driver's insurer and file a claim. Make sure you have all the information and documents mentioned above so that the process goes as smoothly as possible.

Filing an Insurance Claim When You're Not at Fault

If an accident is not your fault, you can file a claim with the at-fault driver's liability insurance. This will cover the cost of vehicle repairs and medical bills up to the limits of the driver's policy.

Because it can take a long time for an insurance adjuster to officially determine fault, however, you can initially file a collision or personal injury claim with your own insurer to cover vehicle repairs and medical expenses, regardless of fault. Once fault is determined, your insurance company will recover the expenses from the at-fault driver's insurer, and your deductible will be refunded. 

Keep in mind that in no-fault states, most medical expenses are paid for by your own insurance policy, regardless of who is at fault. And if the driver is uninsured or doesn't have enough insurance to cover your costs, you can file a claim with your uninsured/underinsured motorist coverage, if you have it.

Yes, someone can sue you for a car accident even if you have insurance. Unless you live in a no-fault state, you can easily be sued for financial and personal damages in car accidents that you cause. If you have a liability insurance policy (which is required in most states), your insurance company will likely pay for an attorney to defend you in court. However, there are certain situations where they aren't obligated to do so.

When Insurance Doesn't Have to Pay for a Lawyer

• You did not notify the insurance company within a certain timeframe, which can be anywhere from 5-30 days, depending on the specifics of the policy.
• The cost of the other driver's damages exceeds the limits of your policy.
• You intentionally caused the accident.

If you have car insurance and you're sued after a car accident that you caused, it's likely for one of two reasons: either you don't have enough insurance to cover all of the other driver's expenses or the insurance claim process is taking a long time. If the first applies to you, your insurance company is under no obligation to help you once they've paid up to the limits of your policy.

However, the rules for filing a lawsuit after a car accident are different in no-fault states. No-fault states require drivers to carry personal injury protection (PIP) insurance, which provides coverage for minor injuries sustained in an accident. This eliminates the need for small personal injury cases to go to court, as every driver is protected by their own insurance policy. In these 12 states, you can only file a lawsuit against the other driver if your injuries are severe or your economic damages have exceeded a certain amount. The specific thresholds for each scenario vary depending on the state.

While you can't control whether or not the other driver will sue you after an accident that you caused, there are steps that you can take to put yourself in the best position possible. The most important things are to notify your insurance company of the accident as soon as possible and to understand the limits of your policy. If you do end up being sued, take the time to understand what exactly you're being sued for and what steps your insurer is taking to help you.

When you hit a deer, you should move your car to a safe location and call the police to report the incident. You should also check your vehicle for damage after hitting a deer and call your insurance company as soon as possible if you need to file a comprehensive insurance claim.

No matter what, you should not approach the deer, since it can still injure you even if it's wounded. You should not leave the scene after hitting a deer, either, since it could potentially be injured further or become a hazard for other drivers.

What to Do When You Hit a Deer

1. Move your car away from traffic.
2. Call the police to remove the deer from the road and file a report.
3. Check your vehicle for damage and call for a tow if it's undriveable.
4. Document the accident scene, damage to your car, or any injuries.
5. Call your insurance company to report the incident.
6. File a comprehensive insurance claim, if your vehicle is damaged.

In order for the damage to be covered by your comprehensive insurance, your car must make physical contact with the deer. If you swerve to miss the deer and hit another car or object, you will need to file a claim with your collision insurance. Because hitting a deer is usually considered to be a random event, it will not significantly affect your insurance rates.

Drivers usually have 30 days to report a car accident to their insurance provider. Policies don't always give a specific timeframe, though, and could simply state that a driver needs to report the accident “promptly.”

You should almost always report accidents to your insurance as soon as possible, since waiting too long could jeopardize a future claim or cause an at-fault driver to lose certain protections. There are certain situations where it might not be necessary, however.

When You Can Skip Notifying Insurance (All Must Be True)

1. The accident happened with just your vehicle.
2. It was on your property.
3. There were no injuries involved.
4. The only damage was to your property.

Reporting a Car Accident vs. Filing a Claim

A common misconception is that reporting a car accident to insurance is the same as filing a claim. While filing a claim means you're making a formal request to an insurance company for compensation, reporting an accident simply means you're notifying your insurer that it happened.

In most cases, you'll want to report an accident as soon as possible in order to get the claims process started. But even if you don't initially plan on filing a claim, you should notify your insurance company just in case you discover additional damage or change your mind.

What Happens If You Delay Reporting a Car Accident?

If you wait too long to report your accident to insurance, it could cause problems down the road. For example, if you don't initially report but realize later on that you need to file a claim, the insurance company has no way of knowing whether the damage is the result of the accident or something else that happened later. Or, if the accident was your fault and the other driver files a claim against you later on, your insurance company might deny you certain protections because you failed to promptly report.

Even if you don't think you need to report the accident, it's always in your best interest to do so. Many insurance companies have mobile apps and 24-hour hotlines to make the reporting process as quick and easy as possible. Also, keep in mind that even though you're not legally obligated to notify your insurance company after a car accident, most states will require you to at least report it to the police if anyone is injured or if there is a certain amount of property damage.

When someone crashes into you without insurance, then you have to use your own insurance to pay for your medical expenses or vehicle repairs. You can file a claim using uninsured motorist coverage, collision insurance, personal injury protection (PIP), or MedPay, depending on the specifics of your policy and the wreck.

Coverage That Applies If Someone Crashes Into You Without Insurance

• Uninsured motorist coverage: Pays for your vehicle repairs and medical expenses if you're hit by someone without insurance. Required in 20 states.
• Collision insurance: Repairs or replaces your car after an accident. Not required by state laws but may be required for leased or financed cars.
• Personal injury protection (PIP): Covers direct and indirect medical expenses after an accident, including lost wages and funeral costs. Required in 13 states.
• Medical payments (MedPay) coverage: Pays for medical bills after an accident, including copays, coinsurance, and deductibles from other types of insurance. Required in two states.

Even if the at-fault driver is uninsured, you should still get their personal information and document the wreck in case you need to file a lawsuit at some point. You can sue the uninsured driver to recover damages after an accident, but you may be limited by your state's laws and the driver's financial situation. If you live in a no-fault state, you can only sue the at-fault driver if you are seriously injured in the accident or incur significant medical expenses. Even if your state does not have those lawsuit restrictions, suing might not be worth it, since an uninsured motorist is unlikely to have the financial resources to cover your expenses.

What Happens If You're Uninsured and Someone Hits You?

If someone hits you and you're the one without insurance, then your medical bills and vehicle repairs will still be covered by the at-fault driver's liability insurance. However, if you live in a “No Pay, No Play” state such as California, you won't be allowed to sue the at-fault driver for non-economic damages like pain and suffering. Additionally, if the police are called to file a report, they'll likely discover that you were driving without coverage, and you'll have to face your state's penalties.

If you're at fault in a car accident, your liability insurance pays for the other driver's car repairs and will likely cover any doctor's bills if they're injured. No-fault states are the exception, as they require each driver to use their own insurance to pay for medical expenses after an accident. But regardless of the state, fault always dictates whose liability insurance pays for property damage.

Your liability insurance never covers your own expenses, so you will need collision insurance, personal injury protection (PIP), or MedPay in order to avoid paying out of pocket for an at-fault accident. Some states require drivers to have PIP or MedPay, while collision insurance is usually required if you are leasing or financing your car.

After an at-fault accident, car insurance rates go up by an average of 48%. The exact amount that your premium will go up depends on a few factors, including your state and how much damage you caused. But any increase is only temporary, usually lasting about 3-5 years. And if you have accident forgiveness with your insurance company, your rates might not go up at all.

Ultimately, no one wants to be at-fault in a car accident, but it's important to understand how at-fault accidents work just in case. With that in mind, here's a quick summary of what you really need to know.

Here's What Happens If You Are At-Fault in a Car Accident

• Your liability insurance should pay for the other driver's expenses.
• You will need to use other types of car insurance to cover your own repair and medical bills.
• Your car insurance rates will go up by an average of 48% for 3-5 years.

You could have as little as 30 days to file a car insurance claim, or you could have months or even two to three years. Your policy probably states that you should report an accident or possible claim right away, but reporting an accident is different than filing a claim. After “promptly” reporting, you'll have some time to file the official claim. Check your policy or contact your insurer directly for exact deadlines.

If you intend to file a claim in court, you typically have two to three years after the accident to pursue damages in a lawsuit. Each state has its own statute of limitations for filing a claim in court, and deadlines can be different for personal injury and property damage claims. State laws range from one to six years, but two to three is most common.

Why is there a time limit on car insurance claims?

Time limits are in place to protect the insurance company's ability to investigate a claim. Your insurer will collect a lot of information about the accident, including witness statements, police reports, photos of damage, medical and auto repair bills, and more. The insurance company may also send an adjuster to the scene of the accident or to inspect damaged property in person. As time goes on, evidence degrades and memories become foggy. Time limits make sure the accident can be thoroughly and accurately investigated.

There are reasons you may want to delay filing a claim, though. It may take weeks for the symptoms of certain injuries to show. You may also be getting treatments on a doctor's schedule or want to seek a second medical opinion. Property damage is usually easier to see, but you may not find out about major problems with the alignment, suspension, or exhaust system until your car is in the shop weeks later. Since most insurers won't allow you to file more than one claim per accident, it might be better to delay filing, so you don't leave out something insurance would have covered.

While there are situations when it makes sense to wait, it's almost always in your best interest to file a claim with your insurance company right away. The reality is the longer you wait, the more likely it is the insurance company will deny your claim. But you can still file a claim and even get it approved as long as your delay doesn't prevent the insurer from investigating properly.