How to
What to do after a car accident, and who pays for the damage?
Key points
- At the scene
- Stop, help anyone who is hurt, and exchange names, addresses, license, registration and insurance details. Leaving first is against the law in all four states.
- Reports
- California and New York: a report to the DMV within 10 days if anyone is hurt or property damage is over $1,000 (SR-1, MV-104). Texas and Florida: call the police right away if anyone is hurt; in Florida also when the damage appears to be $2,000 or more.
- Who pays
- California and Texas are fault states: the driver who caused the crash, through their liability insurance, pays. Florida and New York are no-fault: personal injury protection (PIP) pays your first medical bills and lost income, up to $10,000 in Florida and $50,000 in New York.
- Shared fault
- Your share of the fault lowers what you recover. In Texas and Florida, a driver more than 50% at fault for their own harm gets nothing, and New York added a similar bar for injury cases in 2026. California has no such bar.
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After a car accident, the law asks three things of every driver: stop, share your information, and report the crash when it is serious enough. Then come the insurance claims, and who pays depends on the state. In a fault state, such as California or Texas, the driver who caused the crash and their insurer pay for the damage. In a no-fault state, such as Florida or New York, personal injury protection (PIP) pays the first medical bills, and you can sue the other driver for pain and suffering only for a serious or permanent injury.
Below: the scene, the police and DMV reports in each state, fault and no-fault insurance side by side, filing a claim, shared fault, uninsured drivers, the adjuster call, going to court, and free help. The deadlines to sue are on the statute of limitations page.
What to do after a car accident: at the scene
Right after the crash
- Stop and stay at the scene. If no one is hurt, move the cars out of the road if you can.
- Call 911 if anyone is hurt, and help them get medical care.
- Exchange information with the other driver: name, address, phone, driver's license, license plate, and the insurance company and policy number. A photo of their insurance card and license saves time.
- Take photos of the cars, the plates, the damage, street signs and the road, and write down the place, the time and the weather.
- Get witnesses' names, addresses and phone numbers.
- Note the officer's name and badge number, so you can get the police report later.
Each state puts these duties in its law. Leaving without stopping and sharing your information is against the law in every state on this page, and it can be a crime.
- California. Stop, and show your driver's license, registration card, insurance information and current address to the other driver, the officer and anyone else involved. If anyone is hurt, the driver must also give reasonable help, such as arranging a ride to a doctor or hospital. Leaving the scene is a hit-and-run, and the punishment is severe.CA DMV Driver Handbook · Veh. Code § 20003
- Texas. Stop at or near the scene, without blocking traffic more than necessary, and stay until you have given your name and address, the car's registration number and the name of your liability insurer. Show your license if asked, and help anyone injured get medical treatment. On a freeway in a metropolitan area, if every car can be driven safely, move to the frontage road or a nearby cross street first.Transp. Code §§ 550.021-550.023
- Florida. Stop and remain at the scene. Give your name, address and the registration number of the car, show your license if asked, and give reasonable help to anyone injured. If a police officer writes a report, each driver must give the officer proof of insurance.Fla. Stat. §§ 316.061, 316.062, 316.066(1)(d)
- New York. Before leaving, stop, show your license and insurance identification card, and give your name, address, insurance company, policy details and license number. If someone is hurt, give this to a police officer too. If the owner of damaged property is not there, report it to the nearest police station as soon as you can.Veh. & Traf. Law § 600 · NYPD
Do I need to report a car accident? Police and DMV reports by state
There are two kinds of reports: telling the police at the time of the crash, and your own written report to the state afterwards. A police report does not always replace yours.
| State | Tell the police | Your own report to the state |
|---|---|---|
| California | Within 24 hours if anyone is hurt or killed. Your insurance agent, broker or legal representative can also file it. DMV Driver Handbook | An SR-1 to the DMV within 10 days if anyone is hurt, even slightly, or killed, or property damage is over $1,000. Every driver files one, whoever caused the crash, even on private property. DMV: SR-1 |
| Texas | Right away, by the quickest means, if anyone is hurt or killed or a car can't be driven normally and safely. Transp. Code § 550.026 | No state form for drivers. Since 2017, TxDOT no longer keeps drivers' own crash reports (CR-2); keep yours for your records. The officer sends the police report to TxDOT. TxDOT |
| Florida | Right away, by the quickest means, if anyone is hurt or killed or damage appears to be at least $2,000. Fla. Stat. § 316.065(1) | If the crash damaged a car or other property and the police don't need to write a report, each driver sends a written report to the Department of Highway Safety and Motor Vehicles within 10 days. §§ 316.066(1)(e), 316.003 |
| New York | Right away if anyone is hurt or killed, or if a parked car or other property is damaged and the owner cannot be found. NYPD · Veh. & Traf. Law § 600 | An MV-104 to the DMV within 10 days if anyone is hurt or killed, or damage to any one person's property is over $1,000. File it even if the police took a report. § 605 · NYPD |
- California: missing the SR-1. Your driving privilege will be suspended if you fail to file it, and law enforcement will not file it for you. The DMV adds a reportable collision to your driving record, whoever caused it.CA DMV Driver Handbook
- Texas: getting the police report. Officers who investigate a crash with an injury, a death or damage of $1,000 or more must send TxDOT a written report by the tenth day after the crash. Buy a copy of the officer's report (CR-3) online from TxDOT: $6, or $8 for a certified copy. Reports are confidential and go to people directly concerned, such as the drivers.TxDOT · Transp. Code §§ 550.062, 550.065
- Florida: getting the police report. For 60 days after a report is filed, the copy with personal details goes only to the people in the crash, their legal representatives and insurers, and a few others.Fla. Stat. § 316.066(2)
- New York: missing the MV-104. Failing to report is a misdemeanor and a ground for suspending your license. You can also file an MV-104 when you are not sure whether the damage is over the limit.Veh. & Traf. Law § 605 · NYPD
Fault and no-fault states: who pays after a car accident?
In a fault state, the driver who caused the crash is responsible, and their liability insurance pays the other people's medical bills and car repairs, up to its limits. In a no-fault state, personal injury protection (PIP) pays each injured person's medical bills and lost income first, whoever caused the crash. PIP covers injuries, not cars: damage to cars is paid by the at-fault driver's property damage liability coverage.
| State | System | Minimum liability insurance | Your own injuries |
|---|---|---|---|
| California | Fault | $30,000 for one person's injury or death, $60,000 for more than one person, $15,000 for property damage. CDI | Paid by the at-fault driver's liability insurance. Medical payments coverage, if you bought it, pays limited medical bills whoever was at fault. CDI |
| Texas | Fault | $30,000 for injuries per person, $60,000 per accident, $25,000 for property damage (30/60/25). TDI | Paid by the at-fault driver's liability insurance. Every Texas policy includes PIP unless you rejected it in writing; it pays medical bills and lost wages. TDI |
| Florida | No-fault | $10,000 of PIP and $10,000 of property damage liability. Fla. Stat. §§ 627.733, 627.736, 324.022 | PIP pays 80% of reasonable medical costs and 60% of lost income, up to $10,000 in total, plus a $5,000 death benefit. § 627.736(1) |
| New York | No-fault | $25,000 for injury and $50,000 for death of one person; $50,000 and $100,000 for two or more people; $10,000 for property. Veh. & Traf. Law § 311 | Every owner's liability policy pays first party benefits: basic economic loss up to $50,000 per person, for medical bills, lost earnings and other costs. Ins. Law §§ 5102(a), (b), 5103(a) |
No-fault insurance and PIP in Florida and New York
Florida's law is called the Florida Motor Vehicle No-Fault Law; New York's are in article 51 of its Insurance Law. In both states, PIP pays first, and a lawsuit against the other driver for pain and suffering is allowed only for more serious injuries.
- Florida: get care within 14 days. PIP pays medical benefits only if you get initial services and care within 14 days after the accident, from providers such as a physician, a dentist, a chiropractic physician, a hospital or emergency services. The full $10,000 is available if a physician, dentist, physician assistant or advanced practice nurse found an emergency medical condition; if a provider found none, medical benefits are limited to $2,500.Fla. Stat. § 627.736(1)(a)
- Florida: payment. PIP benefits are overdue if not paid within 30 days after the insurer gets written notice of the covered loss and its amount.Fla. Stat. § 627.736(4)(b)
- Florida: suing for pain and suffering. You can recover damages for pain, suffering, mental anguish and inconvenience from the other driver only if the injury includes significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death.Fla. Stat. § 627.737(2)
- New York: what no-fault pays. Basic economic loss, up to $50,000 per person: necessary medical expenses, lost earnings up to $2,000 a month for up to 3 years, and other reasonable expenses up to $25 a day for up to 1 year.Ins. Law § 5102(a)
- New York: suing for pain and suffering. Between drivers covered by no-fault, there is no recovery for non-economic loss, such as pain and suffering, except for a serious injury. You also can't sue for the basic economic loss that no-fault pays.Ins. Law § 5104(a)
New York's list of serious injuries (Insurance Law § 5102(d)): an injury that results in
- death, dismemberment or significant disfigurement;
- a fracture, or loss of a fetus;
- permanent loss of use of a body organ, member, function or system;
- permanent consequential limitation of use of a body organ or member; or
- significant limitation of use of a body function or system.
How to file a car accident claim
- Tell your insurance company right away. Most companies have deadlines for filing claims. Call the claims number on your insurance card, explain what happened, and answer the questions as thoroughly as you can.
- Decide where to claim. If you think the other driver caused the crash, you can report it to their insurer, which should pay for your car repairs, medical bills and a rental car. In Florida and New York, injury costs go first to PIP; see no-fault.
- Send the police report. Get a copy and send it to the insurance company. It usually takes a few days for the officer to file it; see reports.
- Send proof of your injuries and costs. If you went to the emergency room or a doctor, send copies of the medical reports and bills, and keep your repair estimates and receipts.
- Get the adjuster's name and number. The adjuster works for the insurance company paying the claim. They review what happened and estimate the payment. Try to be there when the damage is inspected.
- Choose your repair shop. An insurer may give you a list of shops, but in Texas it can't require you to use one. It pays repairs only up to the car's actual cash value.
- Read before you sign a release. With an injury settlement, the other insurer will ask you to sign a release promising no more claims for the accident. Texas's insurance department suggests talking to your doctor about future treatment first.
- If the other insurer says no. Ask for the reason in detail and in writing. Then you can claim under your own collision, PIP, medical payments or uninsured motorist coverage. Your insurer will try to recover the money, including your deductible, from the other insurer.
- Texas: how fast your own insurer must act. It must tell you it got your claim within 15 days. It must accept or reject it within 15 business days of getting everything it needs, or take up to 45 days and tell you why. Once it agrees, it must pay within five business days. These deadlines don't apply when another driver's insurer is paying, but that company must still act in good faith.TDI
- Florida: PIP payment. PIP is overdue after 30 days; see no-fault.Fla. Stat. § 627.736(4)(b)
Uninsured motorist: if the other driver has no insurance or drives away
Uninsured/underinsured motorist coverage (UM/UIM) is part of your own policy. It pays when the at-fault driver has no insurance, or not enough. In Texas, it also pays after a hit-and-run.
- California. The insurance company must offer it; if you turn it down, you sign a waiver. Uninsured motorist bodily injury coverage has the same limits as your liability coverage. Uninsured motorist property damage pays up to $3,500 for your car, and only if the uninsured driver is identified.CDI
- Texas. Insurance companies must offer it, and you must tell the company in writing if you don't want it. It won't pay for a hit-and-run if you didn't report it to the police.TDI
- Florida. A policy with bodily injury liability coverage must include uninsured motor vehicle coverage, unless the named insured rejects it in writing.Fla. Stat. § 627.727(1)
- New York. A liability policy must include coverage for injuries caused by an uninsured motor vehicle. The minimum is $25,000 for one person's injury and $50,000 for a death. When more than one person is hurt or killed, it is $50,000 for injuries and $100,000 for deaths.Ins. Law § 3420(f)(1)
Talking to the insurance adjuster: what they may say, and what you can say
The adjuster works for the insurance company paying the claim. You don't have a contract with the other driver's insurer, so you don't have the same options as with your own company. Keep to the facts you know.
“Our driver says you were at fault too.”
You can say: “Please tell me in writing what you are basing that on, and how you are dividing the fault.”
“How fast were you going?”
You can say: “I don't know the exact speed. Here is what I saw and did, in order.”
“Are you hurt?”
You can say: “I'm not sure yet. I'll tell you what my doctor finds and send the records and bills.”
“We can settle this today if you sign the release.”
You can say: “I'll read the release first and ask my doctor about any future treatment.”
“We won't be paying this claim.”
You can say: “Please send me the reason in detail and in writing.”
“Your car is a total loss. Here is our offer.”
You can say: “Please send me how you valued it. I have written price quotes for similar cars.”
If you still can't agree, you can complain to your state's insurance department; see free help. Texas's department notes that it can't decide who was at fault in an accident or set damage amounts.
Small claims, a lawsuit, and the deadline to sue
If insurance doesn't cover the loss, you can sue the driver who caused the crash, and the car's owner if that is someone else. California's courts suggest talking to your insurance company first: it may pay, so that you sue only for your deductible or what it won't cover.
- Small claims. A smaller claim, such as a deductible or a repair bill, may fit your state's small claims limit. In Texas, a claim for less than $20,000 can go to the justice court, and you don't need a lawyer. See Small claims court.TDI · California Courts
- Deadlines to sue. Each state sets its own deadlines for injury and property claims, and there are different rules for suing a government agency. See Statute of limitations.California Courts
- Hurt while working? If you were driving for your job, workers' compensation may cover the injury. See Workers' comp after an injury.
Free help and where to complain about an insurer
Each state's insurance department takes complaints about insurance companies, such as a claim that was improperly denied or delayed. For advice about your own case, see a legal aid office or a lawyer referral service.
Common questions
What should you do after a car accident?
Stop, help anyone who is hurt and call 911 if needed, and exchange names, addresses, license, registration and insurance details. Take photos and get witnesses' contact details. Report the crash to the police and the state when the law requires it, and tell your insurance company. See at the scene.
Do I need to report a car accident?
Often, yes. California: an SR-1 to the DMV within 10 days if anyone is hurt or property damage is over $1,000. New York: an MV-104 to the DMV within 10 days, with the same thresholds. Texas: call the police right away if anyone is hurt or a car can't be driven safely. Florida: call the police right away if anyone is hurt or damage appears to be at least $2,000, and send a written report within 10 days if no police report was needed.
What is a no-fault state?
A state where personal injury protection (PIP) pays your medical bills and lost income after a crash, whoever caused it. You can sue the other driver for pain and suffering only for a serious or permanent injury. Florida and New York are no-fault states; California and Texas are fault states. See fault vs no-fault.
How much does PIP pay in Florida?
Up to $10,000: 80% of reasonable medical costs and 60% of lost income, if you get initial care within 14 days and a provider finds an emergency medical condition. Without that finding, medical benefits are limited to $2,500. There is also a $5,000 death benefit.
What if the other driver has no insurance?
Your uninsured motorist coverage may pay. California and Texas insurers must offer it, Florida policies with bodily injury liability coverage include it unless it is rejected in writing, and New York policies must include it. In Texas, it won't pay for a hit-and-run you didn't report to the police. See uninsured driver.
What if both drivers were at fault?
Your share of the fault reduces what you recover. In Texas and Florida, being more than 50% at fault for your own harm bars recovery. In New York, being more at fault than the other driver bars an injury claim under the no-fault law. California has no such bar. See shared fault.
Official sources
- California DMV Driver Handbook, Section 10: Financial responsibility, insurance requirements and collisions dmv.ca.gov
- California DMV: Report of Traffic Accident Occurring in California (SR-1) dmv.ca.gov
- California Department of Insurance: Automobile insurance (coverage, minimum limits, comparative negligence, complaints) insurance.ca.gov
- California Vehicle Code § 20003: duty to give information and render aid leginfo.legislature.ca.gov
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition: No. 405, Comparative Fault of Plaintiff (PDF) courts.ca.gov
- California Courts Self-Help Guide: Property damage cases courts.ca.gov
- Texas Department of Insurance: Auto insurance guide (coverage, claims, settling claims) tdi.texas.gov
- Texas Department of Insurance: Accident not your fault? Dealing with the other driver's insurance tdi.texas.gov
- Texas Department of Insurance: Were you in a wreck? Tips for auto insurance claims tdi.texas.gov
- Texas Department of Insurance: Working with an insurance adjuster tdi.texas.gov
- Texas Transportation Code, Chapter 550: Accidents and accident reports (§§ 550.021-550.065) legis.texas.gov
- Texas Civil Practice and Remedies Code, Chapter 33: Proportionate responsibility (§§ 33.001, 33.012) legis.texas.gov
- Texas Department of Transportation: Crash reports and records txdot.gov
- Florida Statutes § 316.003 (2026): definitions (the department) flsenate.gov
- Florida Statutes § 316.061 (2026): crashes involving damage to vehicle or property flsenate.gov
- Florida Statutes § 316.062 (2026): duty to give information and render aid flsenate.gov
- Florida Statutes § 316.065 (2026): crashes, reports, penalties flsenate.gov
- Florida Statutes § 316.066 (2026): written reports of crashes flsenate.gov
- Florida Statutes § 627.730 (2026): Florida Motor Vehicle No-Fault Law flsenate.gov
- Florida Statutes § 627.733 (2026): required security flsenate.gov
- Florida Statutes § 627.736 (2026): required personal injury protection benefits flsenate.gov
- Florida Statutes § 627.737 (2026): tort exemption, limitation on right to damages flsenate.gov
- Florida Statutes § 324.022 (2026): financial responsibility for property damage flsenate.gov
- Florida Statutes § 627.727 (2026): uninsured and underinsured vehicle coverage flsenate.gov
- Florida Statutes § 768.81 (2026): comparative fault flsenate.gov
- Florida Senate: CS/CS/HB 837 (2023), Civil Remedies, chapter 2023-15, effective March 24, 2023 flsenate.gov
- Florida HB 837 (2023), enrolled text: § 768.81(6) added; applies to causes of action filed after the effective date (PDF) flsenate.gov
- Florida Office of Insurance Regulation: Automobile insurance floir.gov
- Florida Office of Insurance Regulation: Contact us (consumer complaints) floir.gov
- New York Vehicle and Traffic Law § 600: leaving scene of an incident without reporting nysenate.gov
- New York Vehicle and Traffic Law § 605: report required upon accident nysenate.gov
- New York Vehicle and Traffic Law § 311(4)(a): minimum policy amounts nysenate.gov
- New York Insurance Law § 5102: basic economic loss, serious injury nysenate.gov
- New York Insurance Law § 5103: entitlement to first party benefits nysenate.gov
- New York Insurance Law § 5104: causes of action for personal injury nysenate.gov
- New York Insurance Law § 3420(f)(1): uninsured motor vehicle coverage nysenate.gov
- New York CPLR 1411: damages when the claimant shares the fault nysenate.gov
- NYPD: Non-injury vehicle collisions (the MV-104) nyc.gov
- NYPD: Non-injury collision frequently asked questions (PDF) nyc.gov
- NYC311: Insurance complaint (New York State Department of Financial Services) nyc.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.