Car Accident FAQ (2026)

Can I File a Claim Against the Other Party After a Car Accident?

A number of factors will impact whether you can pursue a claim or lawsuit against the other party. One of these factors is where you live.

The majority of states follow fault-based laws related to traffic accidents. These states require that you demonstrate that the other party’s negligence caused the collision. Some states further complicate the matter by putting a limit on how much contributory fault you can hold and still recover losses.

Most fault-based states have modified comparative negligence laws, which allow you to recover if you contributed to the accident — but only if your percentage of fault is not the majority. Other states, however, follow strict contributory negligence doctrines, which won’t allow you to receive any compensation if you were even 1% at fault.

Then, there are no-fault states. These states require that you file a claim against your own insurance if you’re in a crash. Your personal injury protection (PIP) insurance will often cover your medical expenses and some of your lost wages - even if you are self-employed - but only up to your policy limit. You generally won’t be able to file for pain and suffering, either.

Fortunately, if you suffer an injury that requires substantial medical care and surpasses what your PIP will cover, you may be able to step outside of no-fault laws to pursue a claim against the other party.

How Do I Prove Negligence in a Car Accident?

This is one of the most common car accident FAQs. To prove that the other party was to blame for the crash, you will need to establish that they owed you a duty of care that they breached. An example of this would be if the driver was intoxicated. In that case, they owed you the responsibility to drive safely but didn’t uphold it.

You then have to show that a breach was the proximate cause of your injuries. Finally, you must demonstrate that you suffered losses that are compensable under the law.

What Are My Legal Options if the Other Driver Flees After the Crash?

Leaving the scene of an accident is a serious offense and one that most states punish severely. If you were in a hit-and-run accident, you may wonder how you can get compensation for your losses when the at-fault driver fled the scene before you could exchange contact information.

Hiring a hit and run lawyer is always a good first step because they can advise you on the most appropriate options. You may be able to file a claim against your own PIP and uninsured/underinsured policies to cover some of your losses, but your best bet may be to try to identify the other driver.

A lawyer can help you by investigating the accident and speaking with eyewitnesses.

How Much Time Do I Have to File a Claim After a Car Accident?

Another frequent car accident FAQ is how soon after the crash you should file your claim. The answer is to do so as soon as possible because the statute of limitations is running. This means you only have a certain amount of time to file a claim.

Each state has its own timeline when it comes to statutes of limitations. Texas, for example, allows up to two years, while Mississippi allows up to three years.

There can be exceptions, however, that could shorten the time you have, so beginning the claim as soon as possible is vital. If you miss the deadline, you could be barred from recovering your losses.

How Long Will My Car Accident Case Take to Resolve?*

Claims can vary significantly. Some can be simple to settle with insurers, allowing you to get the help you need in just a few weeks. Others, however, might take months.

The complexity of the case will play a role in the timeline. If numerous parties were involved, the investigation into who may have been liable takes longer. There may be vicarious liability issues that further muddy the process.

If the losses are significant, then settlement negotiations will last longer, as well. Your lawyer will fight to get you as much compensation as necessary, and insurers will do the opposite because these are high-stakes cases for everyone.

If there are questions about fault or if you hold any degree of liability, that, too, can slow the process down. Insurers will try to pin even more of the blame on you, which will require further negotiations.

Should I Accept My Insurer’s First Settlement Offer?

You’ll typically want to avoid accepting the first settlement your insurer makes. They will be making low offers that they hope you’ll accept and move on. They might even pressure you to take them with a variety of tactics.

One of the most important reasons why you should have an attorney by your side is that they know how to aggressively negotiate with insurance companies. An attorney will have a clear idea of what your claim could be worth and won’t settle for less than you deserve for what you’ve suffered. If necessary, they can take your case to court, where the other party may be formally served with a summons requiring them to respond to the legal claims outlined in the complaint.

What Happens if Someone Dies in a Crash?

If a loved one dies in the collision, you may be entitled to file a wrongful death claim. A wrongful death claim is similar to a personal injury one, with the main difference being that the victim is not able to advocate for themselves.

The compensation you receive in this type of action will usually go to the closest relatives, including the spouse and children.

How Much Does Hiring a Car Accident Lawyer Cost?

Car accident lawyers are personal injury lawyers and therefore work on contingency. You don’t have to pay any upfront fees. Instead, your attorney will get a percentage of your settlement or jury verdict, with the exact amount depending on the state where you live and the complexity of the case.

What Is the First Thing I Should Do After a Crash?

Before doing anything else, you should ensure your safety and that of others in your vehicle. If you think you sustained head trauma or if you’re in significant pain, try not to move. Contact emergency medical services immediately.

What Should I Write Down or Document After the Crash?

It’s helpful to write down every detail you can think of regarding the collision. What time was it when it occurred? What was the weather like? All of these details can be significant in establishing liability. If there were witnesses, you may want to jot down how many and where they were located.

If you speak with witnesses, which you’re allowed to do, it’s a good idea to write down what they say and add their contact information beside the note so that your attorney can call them later.

Document everything that you saw or heard before the crash, like honking and screeching tires. Note if there are traffic cameras nearby.

If the accident resulted in injuries, keep a thorough account of how they progress over the next few days. This should be in addition to any medical assessments you receive.

Don’t just focus on what’s visible, either. Write down whether you’re struggling to sleep, which is a common problem if you’ve suffered traumatic brain injuries, or if you’re having depression or anxiety symptoms. Keeping track of all of these details and how they affect your daily life can present a clear picture to insurers or juries later on.

Additionally, you should keep track of every single expense you have had because of the collision. If you were unable to get a bonus from your job that you were in line to receive, or if you’ll have to retake a semester of classes because you missed too many days while recovering, you can be compensated for these losses if you begin a personal injury claim.

Can I Receive Compensation for Pain and Suffering?

If you are eligible to file a claim or lawsuit against the other party, then you may also be able to seek compensation for non-economic losses like pain and suffering and loss of enjoyment of life.

Speak to a Car Accident Attorney for Trusted Guidance

If you have been in a car accident, you likely have a number of concerns and questions pertaining to your claim. By contacting an attorney as soon as possible, you can ensure you begin the personal injury claim process correctly.

At ConsumerShield, we understand how confusing the aftermath of a crash can be. We can connect you with lawyers in your area who can help you gather evidence, negotiate with insurance companies, and fight for fair compensation on your behalf. Contact our team to get started today.