What to Do When You Get Rear-Ended: Steps That Protect Your Health and Your Claim

When you get rear-ended, check everyone for injuries, call 911 if anyone is hurt, get the cars out of traffic if they can be driven, swap insurance details and photograph both bumpers before anything is moved. In California, each driver must send the DMV an SR-1 report within 10 days when anyone is hurt or damage tops $1,000 (California DMV).

What should I do right after I get rear-ended?

Stay in your seat for a moment and take stock. A hit from behind throws the body forward and back, and adrenaline can hide pain for hours. If you or a passenger has neck pain, numbness, a headache or confusion, call 911 and let paramedics decide whether you should move.

If no one is hurt and both cars run normally, the law in two of our states asks you to clear the lanes. Washington requires drivers in a damage-only crash to move off the main lanes to a safe spot nearby, and says moving does not change fault (RCW 46.52.020). Texas has a similar rule for freeways in metropolitan areas when every vehicle can be driven safely (Transportation Code 550.022).

Do not leave before the information exchange is done. Leaving can be a crime even for the driver who was hit.

What information should I get from the driver who hit me?

Texas law requires a driver in a crash with an occupied car to give a name, address, vehicle registration number and liability insurer, and to show a driver’s license if asked (section 550.023). Washington adds the insurance policy number and plate. California’s DMV Driver Handbook tells drivers to show their license, registration, insurance and current address.

Take a photo of the other driver’s license, insurance card and plate. Write down the make, model and color of the car, and whether it is a company vehicle or a rideshare car, because a business policy may apply. Keep your own words short: the California Department of Insurance advises saving your account for the police and your insurer, and warns against signing anything when the other driver offers to pay your deductible.

What photos should I take after a rear-end crash?

Rear-end claims are often decided by the damage pattern, so photograph it before the cars are moved if that is safe.

• Both bumpers. Your rear bumper and the other car’s front bumper, from straight on and from each side. A crushed front end on their car helps show speed.
• Hidden damage. Gaps around the trunk lid, a bumper cover pulled loose, a broken tow hitch or a crooked exhaust. Bumper covers can bounce back and hide crushed brackets behind them.
• Where the cars stopped. Their position in the lane, skid marks, debris and the traffic signal or stop sign ahead of you.
• Your brake lights. After the crash, have someone press your brake pedal and take a short video showing the lights work. Insurers sometimes claim they were out.

The Texas Department of Insurance also suggests pictures of street signs and road angles, plus written notes on time, weather and what happened.

Why does my neck hurt days after being rear-ended?

The forward-and-back snap of a rear impact strains the soft tissue of the neck. MedlinePlus lists car accidents as a common cause of neck pain and describes whiplash as a soft tissue neck injury, also called neck sprain or strain. The same jolt can hurt the back: MedlinePlus says back injuries can result from a sudden jolt such as a car accident, with the lower back the most common site.

Some symptoms are slow to show. MedlinePlus says concussion symptoms may not start until days or weeks after the injury, and may include headache or neck pain. That is why a medical visit within a day or two matters, even when you feel stiff and nothing more. A gap of weeks between the crash and your first visit is the first thing an adjuster points to.

Do I have to report a rear-end accident to the police or the state?

If the CHP took the report, drivers and vehicle owners can ask for a copy with the CHP 190 form. For the full list of reporting deadlines, see how long you have to report a car accident.

Who pays after a rear-end crash: the car claim and the injury claim

You usually open two claims against the other driver’s insurer, and they move at different speeds.

The car. TDI says the at-fault driver’s insurer should pay for repairs, medical bills and a rental car, and that if it refuses or pays too little, you can claim on your own collision coverage and your insurer will try to recover your deductible. If your car is worth less after repairs, Washington’s Insurance Commissioner explains that a diminished value claim is typically made against the at-fault driver’s insurer and must be proven with documents.

Your injuries. This claim should wait until your doctors know how you will recover. Signing a release to close the car claim should never close the injury claim; read every release before you sign. The lawsuit deadline is generally two years in California (California Courts) and Texas (section 16.003), and three years in Washington (RCW 4.16.080). To see what drives the value, read what sets the payout for a rear-end collision.

What to do now

1. Book a medical visit within a day or two, and go back if pain spreads to your arms, back or head.
2. File the report your state requires, and write down the police report number.
3. Send the other driver’s insurer the photos of both bumpers and your repair estimate.
4. Ask the body shop to note any frame, bracket or trunk damage found once the bumper cover is off.
5. Keep a simple pain diary and every receipt, from prescriptions to rides to appointments.
6. Settle the car first if you need it, but hold the injury claim open until treatment ends.

For the general steps after any crash, see what to do after a car accident that was not your fault.

Hurt after being rear-ended?

If you were struck from behind and the other driver’s insurer is pushing a fast check for the bumper, call Beverly Law at (310) 552-6959 before you sign. We handle car accident cases in California, Texas and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.

Common questions

Related pages

Car Accident Settlements · Car accident settlements · Average payout for a rear-end collision · When a rear-end collision is not your fault · Back and neck injury settlements · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.