US versionOther versions: France (in French) · Belgium (in French) · Switzerland (in French) · England
Car insurance
Fender bender: what to do at the scene and after
Stop, get safe, swap info, take photos.
The answer in 2 lines. There is no shared accident form to fill in with the other driver in the US. Stop, turn on your hazard lights and, if the cars can move and no one is hurt, get out of traffic where your state allows it. Exchange names, phone numbers, driver's license, plate number and insurance details, and take photos. Call 911 if anyone is hurt or the road is blocked dangerously. Each state sets its own rules on when the police must be called and when a written report goes to the DMV: for example within 10 days in California and New York when damage is over $1,000 or someone is injured. Then tell your insurer.
The first 4 steps
- Stop and get safe: hazard lights on. If no one is hurt and the cars can be driven, move them out of traffic to the shoulder or a nearby lot where your state allows it. Otherwise stay buckled in if getting out would put you in traffic.
- Exchange information: names, phone numbers, addresses, driver's license numbers, plate numbers, make and model, insurance company and policy number. Photograph the other driver's insurance card and license if they agree.
- Take photos of both cars, the damage, their positions, the road, signs and lights. Note the time, the exact place and the weather.
- Get witnesses' names and phone numbers. Save any dashcam video before it's overwritten.
Stop: danger
- Anyone hurt, a car blocking traffic dangerously, leaking fuel, smoke, a driver who seems drunk or aggressive: call 911 and stay off the roadway.
- The other driver leaves: don't chase them. Note the plate, make, model and color, then call the police: leaving the scene is a crime in every state.
- Never leave yourself before exchanging information, even for a scratch, unless staying would put you in danger.
Police and DMV reports: it depends on your state
There is no single federal rule. Every state sets its own duties after a crash, and the thresholds differ. Two examples from official forms:
- California: each driver must file the SR 1 report with the DMV within 10 days if anyone was injured or killed, or if property damage is more than $1,000, even if the police came.
- New York: drivers file the MV-104 report with the DMV within 10 days when property damage is over $1,000 or someone is hurt. In New York City, the NYPD's non-injury collision FAQ explains when officers respond and how to get a report.
Elsewhere, check your state DMV or state police website for "accident report" or "crash report". Even when it isn't required, a police report can help your claim: ask for the report number.
Hit a parked car or a fence?
State laws generally require you to stop and either find the owner or leave a written note in a visible, secure place with your name, address and how to reach you, then report it to the police where the law requires it. West Virginia's §17C-4-4 is one example; your state's wording may differ. Photograph the note and the damage.
Telling your insurer
- Tell your insurer promptly, even if you think you won't claim: most policies require you to report accidents, and the other driver may file a claim against you later (NAIC, filing an auto claim).
- Stick to facts. Don't admit fault or sign anything at the scene; fault is decided by the insurers under your state's rules.
- Who pays: in most states, the at-fault driver's liability insurance pays for the other car. Your own collision coverage (if you have it) pays for your car, minus the deductible, and your insurer may then recover from the other side. Some states are "no-fault" for injuries, which mainly changes who pays medical bills; ask your insurer how it works in your state.
- Other driver uninsured? Uninsured motorist coverage, if you have it, may help; some states require it. Ask your insurer.
- Problem with your insurer: your state insurance department takes complaints; the Maine Bureau of Insurance's page is a good example of what they explain.
What not to do
- Standing between cars or on the travel lanes to talk or take photos.
- Settling for cash on the spot without exchanging insurance details: damage often costs more than it looks, and injuries can show up later.
- Posting about the crash on social media before the claim is settled.
- Forgetting your state's deadline for a DMV report, where one applies: missing it can lead to a license suspension in some states.
Good to know
- Keep your insurance card (paper or in your insurer's app) and registration in the car.
- "Move over" laws exist in every state: drivers must slow down or change lanes for emergency and service vehicles on the roadside, and some states now include any stopped vehicle with hazard lights (NCSL).
- See a doctor if you feel pain in the following days, and tell your insurer.
- The NAIC's after-accident checklist is worth saving on your phone.
In a Los Angeles parking lot, Chris backs into another car at walking speed. No one is hurt. They swap license, plate and insurance details, take photos and call their insurers. The other car's repair estimate is $1,400, over California's $1,000 threshold, so Chris files the SR 1 with the DMV within 10 days.
A made-up story, for illustration.
Read more guides
Bobby publishes free practical guides written for the United States: American laws, numbers and organizations. In the United States, Bobby answers your questions; it does not put you in touch with professionals.
All guides: United StatesSources, verification, confidence
Verified on November 1, 2026, for the United States. Confidence: high for the steps at the scene and the California and New York forms; medium for everything else, because reporting duties, fault rules and coverage vary by state and by policy. This guide is general information, not legal advice.
- NAIC — Don't Be a Crash Test Dummy: tips after a car accident
- NAIC — What you should know about filing an auto claim
- Maine Bureau of Insurance — After an Accident
- California DMV — Report of Traffic Accident Occurring in California (SR 1)
- New York State DMV — Report of Motor Vehicle Accident (MV-104)
- NYPD — Non-injury collision: frequently asked questions (PDF)
- West Virginia Code §17C-4-4 — Duty upon striking unattended vehicle (PDF)
- National Conference of State Legislatures — States toughen move over laws