It is pretty difficult to think clearly and strategically in the heat of the moment, especially when your adrenalin is going because you have just been in a car accident. That is why you need to ask yourself “what should I do if I’m in a car accident?” in advance and have a plan. That way, you only need to execute on your plan, not create and execute on a plan when you are in the moment.

I always recommend asking if everyone is alright before you take any other action. The law is evolving, so that someone is less likely to get penalized for apologizing immediately after an accident. However, apologizing is still not a good idea.

Additionally, if someone really is hurt, you want to address that as quickly as possible, by calling for an ambulance.

If someone is hurt, encourage that person to get medical attention right away.

Pretty much anything you say at the accident site is going to be admissible. You will just come off much more sympathetic if you are kind and reasonable as opposed to a jerk.

Additionally, if someone is hurt, you really want them to get care for their injuries, right?

Only after you are sure that everyone is alright should you get out of the thoroughfare and exchange contact information. Also, take this opportunity to take photographs of the car, the license plate, and of course, whatever damage occurred. This is also the time to call the insurance company for the person at fault.

The most prudent course of action is to call the police and have the other driver ticketed. That said, I will admit that I have recently been in a car accident when I did not call the police. The other person rear-ended me at a stop light. Liability was pretty clear. Could I have ended up regretting that decision? Yes, it could have made more work for me, but I felt confident that I could establish liability without her being ticketed if I needed to do so, and I wanted to be nice to the young girl who caused the accident.