Car Accident in the USA – What to Do Step by Step, Insurance, Lawyer

A car accident in the USA is stressful and involves a web of decisions in the first hour. The first 30 minutes determine whether you will receive compensation or pay out of pocket. This guide is a checklist + traps specific to new immigrants.

Step by Step – First 30 Minutes

1. Safety (0-2 min)

• If cars are moving – turn on hazard lights, pull over if possible
• Get out ONLY if it is safe (watch for traffic from behind)
• Check if anyone is injured – touch, ask, do not move the unconscious!
• If the car is on fire / smell of gasoline – move away immediately 30+ meters

2. 911 (2-5 min)

ALWAYS call 911, regardless of the scale of the accident. The dispatcher will decide if an ambulance / police is needed.

• Say: "I had a car accident at [address / intersection name]. Anyone injured?"
• Even if it’s a minor accident – the police will create a police report, crucial for insurance
• In some states (NJ, NY) police will only come if there are injuries. In that case: go to the nearest station AFTER WRITING DOWN all information.

3. DO NOT ADMIT FAULT (5-10 min)

This is a key rule. Anything you say can be used against you:

• ❌ "I'm sorry" – in the USA "sorry" = admitting fault
• ❌ "I didn't see you" – evidence of fault
• ❌ "I was going too fast" – evidence of fault
• ✅ "Are you okay?" – safe
• ✅ "Let's exchange info and let police decide" – safe
• ✅ "I need to call my insurance" – safe

NOTE: DO NOT discuss the details of the accident with the other driver. This is the insurer's job and possibly the lawyer's.

4. Exchange Information (10-15 min)

Collect from each driver:

1. Full name
2. Phone number
3. Address
4. Driver's license (number + photo)
5. Registration (number + photo of the plate)
6. Insurance – company name + policy number (photo of the card)
7. VIN of the car (from the door or window)

From witnesses:

• Name, surname, phone
• Brief statement of what they saw

5. Documentation (15-25 min)

Take AS MANY photos as you can:

• Damage to both cars – from every side, close and far away
• Accident scene – wide shot showing the position of cars, road signs, signals
• Brake marks – evidence of who braked
• Weather and visibility – may be important
• All injuries – yours and passengers (if visible)
• Insurance cards of the other driver
• Police report number if police arrived

6. Police Report (25-30 min)

• Wait for the police if they are on the way
• Answer questions calmly, only facts
• Do not guess ("I think...") – either you know or you don’t
• Ask for the report number (incident number) – it will be needed for the insurer
• The report is available in 3-10 days – check on the local police website / go for a copy

Specific Situations

Hit-and-run

• Write down the license plate (even partially)
• Color / make / model of the car – everything you remember
• Direction of escape
• 911 – immediately
• Coverage for damages: your own policy uninsured motorist coverage. Without this – out of pocket.

Uninsured Driver

• 14% of drivers in the USA drive without insurance (FL, MS, NM, OK – highest %)
• Coverage: your uninsured motorist coverage (UM/UIM) – check your policy, mandatory in most states
• You can also sue the driver civilly – but if they have no insurance, they often have no assets

Polish Driver Without a US License / Without Papers

• If you drove with a Polish license – in 30 states it is accepted for 90-180 days after arrival (as a tourist or new immigrant). Check your state.
• If you have lived longer and drove with a Polish license – risk of a ticket for driving without a proper license
• If without papers + without insurance – difficult situation. DO NOT flee – that’s an additional charge. Stop, cooperate, but clearly say "I want a lawyer" instead of details. The Polish consulate can help.

Accident on the Highway

• Turn on lights, leave cars on the shoulder if possible
• DO NOT step onto the lane – kneel behind the car, position yourself away from traffic
• Place a triangular warning 100 meters behind the car
• 911 – immediately

After the Accident – First 24-72 Hours

That Same Day

• Report the claim to your insurer – by phone (number from the card) or app. No later than 24 hours.
• Do not sign anything for yourself or the other driver
• Keep all receipts (taxi home, parking, any medications)

Within 24-72 Hours

• Visit a doctor – even if you "feel OK". Whiplash, internal injuries may appear 24-72 hours later.
• Keep all medical records – crucial for the claim
• If pain lasts >7 days or is severe → consider getting a lawyer

When You Need a Lawyer

NOT every accident requires a lawyer. A minor fender bender without injuries = the insurer will handle it. But a lawyer is necessary when:

• There are serious injuries – hospital, surgery, long-term rehabilitation
• The other party has hired a lawyer – you need one too
• The insurer offers a low payout – a common tactic
• Fault is disputed – someone will need to prove it
• Hit-and-run or uninsured driver
• Permanent disabilities from the accident
• Death of a person in the accident

Polish Community Lawyers in Major Cities

• NYC area: many Polish lawyers in Greenpoint, Manhattan, NJ. Look in Polish newspapers (Nowy Dziennik) or at informacja.com/firma
• Chicago: Belmont Ave + Milwaukee Ave area – a dozen Polish law firms
• NJ: Linden / Garfield / Wallington – Polish cluster

Most "personal injury" lawyers work on contingency – no win, no fee. Standard rate: 30-40% of the winnings. Free consultation.

Typical Payouts

• Minor fender bender (rear-end collision, no injuries): repair $1,000-5,000
• Whiplash / soft tissue injury: $3,000-25,000
• Broken bones: $25,000-100,000
• Serious long-term injuries: $100,000-1,000,000+
• Permanent disabilities / death: $500,000-several million

What NOT to Do

1. Do not talk to the other party's lawyer – everything through your own
2. Do not give a recorded statement to the other insurer – without your lawyer's consent
3. Do not sign a "general release" without a lawyer – it may release everyone for pennies
4. Do not delay seeing a doctor – delay = insurer says "it wasn't serious"
5. Do not post photos on social media – the insurer will check (photo at a party = "not as injured as claimed")
6. Do not accept the first offer – most are undervalued by 50-70%

Statute of Limitations

• Most states: 2-3 years from the date of the accident
• NY: 3 years for personal injury, 6 years for property damage
• NJ: 2 years for personal injury
• CA: 2 years for personal injury, 3 years for property damage
• FL: 4 years for personal injury
• Do not wait! – collecting evidence is easier right away

Official Links

• National Highway Traffic Safety Administration
• CFPB – Auto Insurance Basics
• Insurance Information Institute

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