When another driver is responsible, you can usually recover your losses, but you have to prove fault and document damages. Evidence collected early makes a big difference.
What you may recover
- Medical expenses.
- Lost wages and reduced earning capacity.
- Property damage and rental costs.
- Pain and suffering, subject to state rules.
- Out-of-pocket expenses.
Who pays
- The at-fault driver's liability insurance.
- Your own coverage, such as collision, medical payments, personal injury protection or uninsured motorist coverage.
- In no-fault states, your own insurer often pays first for medical bills.
Proving fault
- Get the police report.
- Collect photos, videos and witness contacts.
- Preserve dashcam and phone data.
- Avoid admitting fault or guessing at the scene.
- Seek medical care and keep records.
If fault is disputed
Many states reduce your recovery by your share of fault. Disputes may need a lawyer and sometimes an accident reconstruction. See our guides to uninsured motorist coverage and what to do after a crash.
Frequently asked questions
Do I have to use the other driver's insurer?
You may deal with them, or use your own coverage and let your insurer seek reimbursement.
What if the other driver has no insurance?
Your uninsured motorist coverage may help.