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

The Short Answer:

If you are involved in a collision, you should focus on safety, documentation, and protecting your legal rights. Move to a safe location, check for injuries, call the police, exchange information, take photos, and report the crash to your insurer. Even if your injuries seem minor, getting medical attention and speaking with a lawyer can be beneficial. This article will help you understand more about what to do after a car accident that’s not your fault, helping you stay safe and protect your legal claim.

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Key Takeaways:

• Move to a safe place and check for injuries: Your safety and health come first after a crash—get to a safe spot and call emergency services if needed.
• Gather evidence at the scene: Take photos of vehicle damage, the location, license plates, and anything that may have contributed to the collision.
• Get a police report: Official documentation is a key piece of evidence for insurance and legal purposes.
• Notify your insurance company: Report the accident to your insurer promptly—even if the crash wasn’t your fault.
• See a doctor: Injuries like whiplash or concussions may not be immediately obvious, so medical evaluation is essential.
• Avoid common mistakes: Don’t admit fault, speak to the other driver’s insurer, or post about the accident on social media.
• Talk to a car accident lawyer: Legal guidance can protect your rights and help you recover full compensation if the other driver is at fault.

Here’s What to Do After a Car Accident

1. Stay Calm and Assess the Situation

Take a deep breath and try to remain calm. Keeping a clear head will help you make safe, informed decisions and gather important information that may impact your insurance claim or legal case later.

2. Move to a Safe Location, If Possible

If your vehicle is still drivable and it’s safe to do so, move it out of traffic to a safe area like a shoulder or nearby parking lot. Turn on your hazard lights to warn other drivers and help prevent a secondary accident.

3. Check Yourself and Others for Injuries

Look for visible injuries on yourself and others in your vehicle. If anyone is hurt, don’t attempt to move them unless there’s an immediate danger like fire or oncoming traffic. Neck, back, and head injuries can worsen if handled improperly.

4. Call 911 or Local Police

Tennessee law requires you to report an accident that causes injury, death, or property damage exceeding $50 (TCA § 55-10-106). Even in minor crashes, calling the police ensures there’s an official report, which is critical if injuries emerge later or the other driver changes their story.

5. Gather Driver and Witness Information

Exchange the following with the other driver(s):

• Full names
• Phone numbers
• Insurance provider and policy number
• Driver’s license number
• License plate number

Also, ask any nearby witnesses for their contact details in case statements are needed later.

6. Take Photos and Video of the Scene

Use your phone to document everything:

• Damage to all vehicles involved
• Road conditions (wet, icy, potholes, etc.)
• Traffic signs or signals
• Position of vehicles
• Visible injuries
• Skid marks, debris, or other contributing factors

This visual evidence can strengthen your case.

7. Request a Police Report

Ask the responding officer how and when you can access the official report. It typically contains the officer’s observations, a diagram of the scene, and potentially their opinion on fault—all useful when filing a claim or pursuing legal action.

8. Write Down Key Details

Before your memory of the accident fades, record everything you can, such as:

• Date and time of the accident.
• Location and direction of travel.
• How the crash happened.
• Any statements made by the other driver.
• Weather or lighting conditions.

9. Report the Accident to Your Insurance

Let your insurer know about the crash as soon as possible. Provide the basic facts without admitting fault or speculating. Your insurer will open a claim and may begin its investigation.

10. Seek Medical Attention, Even If You Feel Fine

Symptoms of common car accident injuries—like whiplash, concussions, or internal bleeding—often take hours or even days to appear. A medical exam protects your health and creates documentation for your injury claim.

11. Call a Car Accident Attorney

Before you speak with the other driver’s insurer or accept a settlement offer, speak with a lawyer. An experienced attorney can:

• Preserve key evidence.
• Investigate the crash.
• Handle communication with adjusters.
• Make sure you aren’t pressured into accepting less than you deserve.

In the Following Days

Keep Records of Everything: Hold onto all receipts, medical records, repair estimates, photos, emails, and insurance correspondence. Organized records can be the difference between a successful claim and a denied one.

What If My Vehicle Is Towed? If your car was towed from the scene, look to the police report or roadside signage for the towing company’s name and location. Retrieve your vehicle quickly to avoid extra storage fees. If you’re working with a lawyer, they can help coordinate with the tow company and insurer.

How Will Fault Be Determined?

Fault is determined based on the evidence collected, including the police report, photos, and witness accounts. Your insurance adjuster (and potentially the courts) will review this to decide who caused the crash.

What If You’re Partially at Fault?

Tennessee follows a modified comparative fault rule. If you are found to be less than 50% at fault, you can still recover compensation, but your total award will be reduced by your percentage of fault. For example, if you are awarded $20,000 but found to be 20% at fault, you would receive $16,000.

However, if you’re determined to be 50% or more at fault, you won’t be eligible to recover any compensation. This is why it’s important to have an attorney who can help gather evidence and present your case clearly to reduce or eliminate any unfair blame assigned to you.

What to Do After a Minor Car Accident

Even if the crash seems insignificant, like a fender bender in a parking lot, you should still treat it seriously. Minor accidents can result in hidden vehicle damage or injuries that don’t present symptoms immediately. Soft tissue injuries, for example, might take days to become noticeable.

Your best course of action is to document everything and report the accident to both the police and your insurance company. Take photos, exchange information, and seek medical attention just to be safe. Finally, consider speaking to a car accident lawyer. They can evaluate whether you have a potential claim and make sure you don’t accept an unfair settlement, especially if problems develop later.

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What Not to Do After a Car Accident

Your actions after an accident can significantly affect your ability to seek compensation. 

Here’s what to avoid:

• Don’t apologize or admit fault at the scene. Even a polite “I’m sorry” can be used against you.
• Don’t ignore medical advice. Skipping treatment or disregarding a doctor’s orders could undermine your claim.
• Don’t speak to the other driver’s insurance company without legal guidance. They may try to get you to say something that weakens your case.
• Don’t post about the accident on social media. Insurers can use your posts to argue that your injuries aren’t as severe as claimed.
• Don’t try to handle everything alone. The process is complex, and a lawyer can protect your rights and handle the paperwork and negotiations for you.

How The McMahan Law Firm Can Help

Our experienced car accident attorneys know how to fight for people who’ve been hurt due to someone else’s negligence. We’ll investigate your accident, collect key evidence, work with experts if needed, and build a strong claim on your behalf.

We’ll also handle all communication with the insurance companies, negotiate aggressively to maximize your settlement, and take your case to court if that’s what it takes to get you fair compensation. From the first call to the final result, The McMahan Law Firm is here to stand up for your rights and guide you every step of the way.

If you’ve been in a car accident—minor or major—don’t face it alone. Contact us today for a free consultation.