Frequently asked questions
What should I do first after a car accident?
Stop, get out of traffic if you safely can, and call 911 if anyone is hurt. Hit-and-run laws require drivers to stay and identify themselves, however minor the crash. Then exchange information, take photos and get the names of any witnesses.
Should I see a doctor if I feel fine?
Yes, within a day or two. The CDC says some concussion symptoms may not appear for hours or days after an injury. Your medical records are also the main proof of an injury claim.
Do I have to talk to the other driver’s insurance company?
You have no contract with the other driver’s insurer, so you don’t have to give it a recorded statement, and it’s safer not to before you’ve had advice. Your own insurer is different: notify it right away and cooperate as your policy requires.
How long do I have to act after an accident?
It depends on your state and the kind of claim. In Michigan, give your auto insurer written notice within one year of a crash to protect PIP benefits, and file most injury lawsuits within three years. Claims over a defective road or against the State have much shorter notice deadlines: 120 days and six months.
Do I need a lawyer after an accident?
Not always. If no one was hurt and only your car was damaged, you can often deal with the insurers yourself. It’s worth talking to a lawyer if you were hurt, fault is disputed, the other driver had little or no insurance, or an insurer is delaying, denying or asking you to sign something.
Sources
- Symptoms of Mild TBI and Concussion · Centers for Disease Control and Prevention
- Hit and run statute (Wex legal dictionary) · Legal Information Institute, Cornell Law School
- Accident not your fault? Here’s how to deal with the other driver’s insurance · Texas Department of Insurance
- Auto insurance frequently asked questions · Michigan Department of Insurance and Financial Services
- MCL 257.601, Operation of vehicles on highways; scope of the rules of the road · Michigan Legislature
- MCL 257.622, Duty to report crashes involving injury, death or $1,000 in property damage · Michigan Legislature
- MCL 500.3105, PIP benefits payable without regard to fault · Michigan Legislature
- MCL 500.3107, Allowable expenses, work loss and replacement services · Michigan Legislature
- MCL 500.3135, Tort liability, serious impairment of body function and the mini-tort · Michigan Legislature
- MCL 500.3145, Limitations on actions for PIP benefits; notice of injury · Michigan Legislature
- MCL 600.5805, Period of limitations for injuries to persons or property · Michigan Legislature
- MCL 600.6431, Notice of a claim against the state · Michigan Legislature
- MCL 691.1404, Notice of injury caused by a defective highway · Michigan Legislature
This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.