Single-Vehicle Accident: Who Pays When No Other Car Hit You
Updated · By the Law Figures editors
General information, not legal advice. Laws differ by state and change, so check the sources below or ask a lawyer licensed in your state before you act. Legal disclaimer
On this page
A single-vehicle collision is any crash involving only one car: you hit a pole, a guardrail, an animal or a tree, or ran off the road. Your own policy usually pays first, but the crash isn't automatically your fault. A road defect, a broken part, a driver who forced you off the road and kept going, or the person driving your car can make someone else responsible.
| What caused the crash | Who might pay | Coverage or claim |
|---|---|---|
| You lost control or misjudged a curve | Your insurer | Collision for the car; health insurance, PIP or MedPay for injuries |
| A deer or other animal | Your insurer | Usually comprehensive, not collision |
| Another driver forced you off the road and left | Your insurer | Uninsured motorist coverage, often with proof rules |
| Pothole, missing guardrail, bad signage | A city, county or state | A claim against the government, with short deadlines |
| Brake, tire or steering failure | The manufacturer or a repair shop | Product liability or negligent repair claim |
| You were a passenger | The driver's insurer | The driver's liability coverage |
Each state's insurance laws and your policy decide which coverage applies. Some states require proof of contact or a witness for an uninsured motorist claim when the other car never touched yours.
What to do in the first days
- Get medical care and keep every record.
- Photograph the scene, the road surface, skid marks, signs and the car.
- Get the crash report number from the police.
- Keep the car or the failed part. If a defect caused the crash, it's the main evidence.
- Write down any witnesses and any car that left the scene.
- Tell your insurer promptly. Most policies require it.
Claims against the government
If a road defect played a part, the claim is against the government that maintains the road. Most states require a written notice of claim within a short time, sometimes only a few months, before you can sue. For a federal road or a federal vehicle, the Federal Tort Claims Act requires a written claim to the agency within two years (28 U.S.C. § 2401(b)). Find out who maintains the road early, because missing the notice deadline usually ends the claim.
Will it count as at fault?
Insurers often treat a single-car crash as at fault unless you show another cause. That can affect your premium and, in fault states, whether you can claim from anyone else. Evidence of a road hazard, a mechanical failure or another driver can change that, which is why the steps above matter.
Passengers and owners
A passenger hurt in a single-vehicle crash usually claims against the driver's liability coverage, even if the driver is a friend or family member. When the driver borrowed the car, the owner's policy often pays first. A lawyer can sort out the order when more than one policy might apply.
If you hire a lawyer
Injury lawyers usually work on contingency, taking a percentage of what you recover. See our guide to car accident lawyer fees for the usual percentages and a calculator for what you'd keep.