What to Do in the First Hour After a Car Accident

Read this now and keep it where you can find it, because nobody looks up an article standing on the shoulder of Highway 74.

In North Carolina the first hour matters more than it does in most states. Contributory negligence means that if you are found to have contributed to the accident, you may recover nothing from the other driver. The facts decide that, and the facts get established at the scene.

The Order

1. Check on people first. Yourself, your passengers, the other vehicle. Injuries before anything else.
2. Get out of the travel lane if you safely can. Hazards on. Secondary collisions are a real risk on North Carolina highways.
3. Call 911. For injuries always, and for anything beyond very minor damage. A report creates a contemporaneous record and it helps enormously later.
4. Do not discuss fault. Not to the other driver, not to a bystander, not to the officer beyond describing what happened. Say what you observed. Do not characterize who was responsible, and do not apologize reflexively. In this state that distinction has real consequences.
5. Exchange information. Name, phone, address, insurance company and policy number, driver license number, and license plate. Photograph their card and their plate rather than writing it down.
6. Photograph everything. Both vehicles from multiple angles including undamaged sides, the position of the vehicles before they are moved if it is safe, the intersection or roadway, skid marks, debris, traffic controls, weather and road conditions, and any visible injuries.
7. Get witness names and numbers. This is the step people skip and it is the one that most often decides a disputed fault question. Witnesses leave.
8. Note the details while you remember them. Time, direction of travel, speed, what each vehicle did, and what was said.
9. Call us or the claims line. Same day. Get a claim number.
10. Get checked out if there is any question about injury, and understand that some injuries present later.

What Not to Do

The takeaway: describe, document, and do not conclude. Whose fault it was is decided later by evidence, not at the scene.

Nothing here is legal advice. Consult an attorney about a specific claim.

What Happens Next

Your carrier opens a claim and assigns an adjuster.

The other carrier may call you. You are not obligated to give a recorded statement to another party's insurer, and it is reasonable to say you will call back after speaking with your own company.

Fault gets determined, based on the report, the statements, the photographs, and the physical evidence.

Your collision coverage can repair your car regardless of fault, subject to your deductible, and your carrier can pursue the other party afterward. On a disputed claim that is frequently the faster path.

Medical payments coverage pays for treatment regardless of fault, which matters in a contributory negligence state.

Where This Gets Complicated

Injuries appear later. Soft tissue injuries frequently present a day or two afterward. Do not sign anything closing an injury claim in the first week.

Hit and run is an uninsured motorist claim, and reporting to law enforcement promptly is generally a requirement.

A no-contact accident counts. If someone ran you off the road without touching you, that is potentially an uninsured motorist claim and the reporting requirements matter.

Your deductible comes back if the other party is found at fault and their carrier pays, in most cases.

Rental coverage only exists if you bought it. Ask now, not after.

Passengers have their own claims, including against your policy if you were at fault.

Common Questions

Should I call the police for a minor accident?

Generally yes. The report is your record of what happened and it helps when fault is disputed later.

Do I have to talk to the other driver's insurance company?

You are not obligated to give a recorded statement. Call us first.

Should I use my own collision coverage or wait for theirs?

On a disputed claim, using your own is frequently faster, and your deductible generally comes back if the other party is found at fault.

What if the other driver has no insurance?

That is an uninsured motorist claim under your own policy.

What if they say it was my fault?

That is their position, not a determination. Document everything and tell us.

When should I call an attorney?

Any time there are injuries or fault is genuinely contested.

The Bottom Line

• People first, then the scene.
• Call 911 and get a report, even on a minor accident.
• Describe what happened and do not conclude who was at fault.
• Photograph everything, and get witness names before they leave.
• Call us the same day and get a claim number.
• Do not sign anything or accept a settlement in the first week, especially with any question of injury.

Sizemore Insurance is an independent insurance company serving North Carolina since 1977. Call me from the scene if you can. I will tell you what to photograph before you leave. Insurance made just for you.

Coverage, claim handling, and reporting requirements vary by carrier and policy. Nothing here is legal advice. Consult an attorney about a specific accident and your advisor about your policy.