Rear-ended? What to do in the first hour

Being hit from behind is the most common crash there is, and it is the one people handle worst. Not because it is complicated. Because it feels minor, and minor is exactly when people skip the steps that matter later.

Here is what to do while you are still at the scene.

Move, then stop

Get out of the traffic lane if the cars will move. A second collision while two drivers stand between their bumpers is a real risk, and it is the reason NHTSA puts moving to safety ahead of everything else.

Turn your hazards on. Then stop and take a breath before you speak to anyone.

Do not say you are fine

This is the first of the two mistakes.

Neck and back injuries from a rear-end hit often do not present for a day or two. Adrenaline masks a lot at the scene. “I’m fine” gets written into a report and repeated back to you for months afterwards.

You are not lying if you say you do not know yet. You genuinely do not.

Photograph more than the damage

Most people take three photos of the bumper. Take these as well:

  • Both cars in position, before anything moves
  • The other car’s plate, and its damage
  • The road, the lane markings and any skid marks
  • The weather and the light
  • The other driver’s license and insurance card

If there are witnesses, ask for a name and a phone number. Ten seconds at the scene is worth more than ten hours of trying to find someone later.

Get the report number

If police attend, ask for the report number before you leave. If they do not attend, check whether your state lets you file a report yourself. Many do, and several require it above a damage threshold.

Then do the boring part

In the days after, keep one place for everything: bills, letters, the report number, notes from calls. Write down the date, who you spoke to and what they agreed to do.

The second mistake is giving a recorded statement to the other driver’s insurer before you know whether you are hurt. You are usually not required to. You can say you will follow up in writing once you have seen a doctor.

When it is worth asking someone

If you were treated, missed work, or the other insurer is disputing who was at fault, it is worth asking an attorney what your options are. Most offer a free consultation, and asking does not commit you to hiring anyone.

Deadlines to bring a claim are set by state law and they are shorter than most people expect. That is a question worth asking early rather than late.

Sources and further reading

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