Rear-Ended? Who Pays and What to Do Next

What should I do after I was rear-ended?

Stop and check if anyone is hurt. Call the police if someone is hurt or a car cannot be driven safely. Trade names, addresses, plate numbers and insurance details with the other driver. Take photos of the cars, plates and the street.

Texas law says to tell the police by the quickest means when a crash hurts or kills someone, or leaves a car unsafe to drive. Drivers must give their name, address, plate number and insurer to the others.

Florida law also requires drivers to share their name, address and plate number. California requires this when someone is hurt. New York requires drivers to show their license and insurance card.

The Texas Department of Insurance suggests photos of the other cars, their plates and damage. It also suggests photos of street signs and the angles of the road.

Do I have to report the crash?

It depends on the state and how bad the crash was. Some states want a call to police. Others want a written report to the state within 10 days. Our Texas and Florida crash report pages explain how to get the police report.

Florida: the 2026 Florida Statutes say to call police after a crash with an injury, a death, or damage that looks like $2,000 or more.

Source: Florida Statutes § 316.065 (2026) · as of Oct 5, 2026

FLHSMV’s page still lists $500. The new amount took effect October 1, 2026 (Laws of Florida ch. 2026-39).

Source: FLHSMV: Involved in a crash? · as of Oct 5, 2026

California: if someone was hurt or killed, report it to police within 24 hours. Also report the crash to the DMV within 10 days if someone was hurt or killed, or if damage was more than $1,000. You must file it whether or not you caused the crash.

Source: California DMV: Driver’s handbook, collisions · as of Oct 5, 2026

New York: report the crash to the DMV within 10 days on form MV-104 if someone was hurt or killed. You also report damage over $1,000 to one person’s property.

Source: New York DMV form MV-104 · as of Oct 5, 2026

Texas: TxDOT no longer keeps the driver’s crash report form. If no officer looked into the crash and you got a driver crash form, keep it for your records.

Is the driver who hit me from behind always at fault?

Not always. State laws say a driver must not follow too closely. Texas law adds that they must leave room to stop safely. But the other driver’s insurer may say both drivers were at fault.

Texas law says a driver must keep an “assured clear distance” so they can stop safely. Florida, California and New York say a driver must not follow more closely than is reasonable and prudent.

The Texas Department of Insurance warns that the other driver’s insurer may say both drivers were at fault and ask you to pay some costs. New York’s insurance department says you must show the other driver was at fault to claim on their policy.

Who pays in Texas and California?

In Texas and California, the at-fault driver’s insurance helps pay for harm they cause others. You can file a claim with their insurer. You can also tell your own insurer and use your own coverage if you have it.

In Texas, if the other driver caused the crash, their insurance should pay for your car repair, medical bills and a rental car. But there is no guarantee they will pay. If their insurer will not pay, you can file with your own insurer if you have collision coverage.

If your insurer pays, it will try to get the money back from the other driver’s insurer. If it gets your deductible back, it gives that to you.

Texas policies include personal injury protection, or PIP, unless you reject it in writing. Texas PIP pays no matter who caused the crash. The law does not require insurers to give more than $2,500 per person.

Source: Texas Insurance Code ch. 1952, subch. D · as of Oct 5, 2026

In California, liability coverage pays for harm you cause others. It does not pay for your own injuries. The minimum is $30,000 for one person’s injury or death.

Source: California Department of Insurance: Auto insurance guide (2025) · as of Oct 5, 2026

Who pays in Florida and New York?

Both states require PIP, which pays for your own injury costs no matter who caused the crash. New York calls it No-Fault. You can claim against the other driver for pain and suffering only if your injury meets a state test.

Florida PIP pays 80 percent of necessary and reasonable medical costs, up to $10,000. To use PIP for medical care, you must first get care within 14 days of the crash.

Source: FLHSMV: Florida insurance requirements · as of Oct 5, 2026

If a doctor or other listed provider finds you did not have an emergency medical condition, the limit is $2,500.

Source: Florida Statutes § 627.736 (2026) · as of Oct 5, 2026

In Florida, you can claim pain and suffering from the other driver only for certain injuries. Examples are a permanent injury, or significant and permanent scarring. Florida drivers must also carry $10,000 in coverage for damage they cause to others’ property.

Source: Florida Statutes § 324.022 (2026) · as of Oct 5, 2026

New York No-Fault pays up to $50,000 per person in economic loss, such as medical bills and lost pay. It does not pay for car repairs.

Source: New York Insurance Law § 5102 · as of Oct 5, 2026

In New York, send written notice of a No-Fault claim to the insurer of the car you were in as soon as you can, and no later than 30 days after the crash. A later notice needs written proof of a clear and reasonable excuse.

New York allows a claim for pain and suffering only for a “serious injury” as state law defines it, such as a fracture. For car damage, you may be able to claim on the other driver’s policy, but you must show they were at fault.

What if both drivers were partly at fault?

States handle shared fault in different ways. In Texas and Florida, you get nothing if you are found more than 50 percent at fault. If your share is smaller, your money is cut by that share. California cuts your money by your share but does not bar the claim.

Florida’s 50 percent rule came from a 2023 law. Unless it says otherwise, that law applies to cases filed after March 24, 2023.

New York’s law cuts your money by your share of fault. The state Senate site shows a May 29, 2026 change for car-crash injury claims under No-Fault. It bars the claim if your fault is greater than the other side’s. The site does not show when this starts or which crashes it covers.

Is there a time limit to sue?

Yes. Each state’s law sets a time limit to sue over a crash injury. It is two years in Texas, Florida and California, and three years in New York. Exceptions can apply, so the rule for your crash may differ.

Texas counts two years from the day the claim arises. California allows two years for an injury caused by someone else’s wrongful act or neglect.

Florida’s two-year rule for negligence claims applies to claims that arose after March 24, 2023. An older crash may follow an earlier rule.

New York allows three years to sue for a personal injury, with some exceptions.

Insurance claim deadlines are separate from these limits. The Texas Department of Insurance says most insurers have their own deadlines for filing claims.

What if I want to talk with a law firm about the crash?

You can file a claim with either insurer on your own. The steps above show where to start.

Some people also want to ask a law firm about an injury claim. People’s Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.