Can You Move Your Car After an Accident? Is It Illegal? A Traffic Safety Expert Explains

It’s a chaotic, adrenaline-fueled moment. You’ve just been in a car accident. Your first instinct might be to leave your vehicle exactly where it is, preserving the “evidence” like a scene from a TV show. You might worry that moving your car is illegal, that it’s an admission of guilt. But what if your disabled vehicle is in the middle of a busy intersection, or just over a blind crest on the highway? In these situations, your car is no longer just a damaged asset; it’s a multi-ton steel hazard waiting to cause a second, potentially far worse, collision. Knowing when to move your car—and when you absolutely must not—is one of the most important pieces of safety knowledge a driver can possess. The wrong decision can have legal, financial, and even fatal consequences.

The Law: Understanding “Move-Over” or “Fender Bender” Laws

That fear of “tampering with evidence” is largely a myth for minor accidents. In fact, many states have enacted specific laws that require drivers to move their vehicles after a minor accident. Often called “Fender Bender Laws,” “Move-It Laws,” or “Steer It and Clear It” campaigns, their purpose is clear: to reduce traffic congestion and, most importantly, to prevent secondary accidents. These secondary crashes, caused by traffic stopped or swerving to avoid the initial incident, are often far more severe than the original fender bender. From my experience, the side of a busy highway is one of the most dangerous places a person can be. The law recognizes this and wants you out of harm’s way.

THE GREEN LIGHT: When You SHOULD Move Your Car

In most situations, you should move your vehicle. If you find yourself in a minor accident, run through this mental checklist. If you can answer “yes” to all of these, the safest and most legally sound decision is to move your car out of the flow of traffic.

THE RED LIGHT: When You MUST NOT Move Your Car

While moving your car is often the right choice, there are critical situations where you must not touch anything. Moving your car in these scenarios can result in you being charged with a crime or severely damaging a future legal claim. The vehicle’s final resting position is a vital piece of evidence.

The “How-To”: Safely Moving and Preserving the Scene

If you’ve determined it’s safe and necessary to move, you can’t just drive off. You still need to preserve as much information as possible for your insurance claim.

1. Take Photos and Videos FIRST. Before you move an inch, use your smartphone to document everything. Take wide shots showing the position of the cars relative to the road, medium shots of the damage on both vehicles, and close-ups of the specific points of impact. A video walk-around is even better.
2. Communicate and Agree on a Safe Location. Talk to the other driver. Say, “For our safety, we need to move off the road. Let’s pull into that parking lot/onto that shoulder.”
3. Move Slowly and Cautiously. Turn on your hazard lights. Be aware of traffic and potential debris on the road.
4. Set Up Flares or Triangles for Visibility. Once you are in a safe location, increase your visibility to other drivers, especially at night or in bad weather. Place emergency flares or reflective triangles behind your vehicle to warn oncoming traffic.
5. Call Police and Exchange Information. Even for a minor accident, a police report is highly recommended. It provides an impartial record of the event. While waiting, exchange your name, address, phone number, license number, and insurance information with the other driver.

Being a Responsible Driver On and Off the Road

Knowing the proper procedure at an accident scene is a key part of being a responsible driver. Another part is being financially prepared for the aftermath. Having adequate insurance coverage is not just a legal requirement; it’s your financial shield. The stress of an accident is bad enough without the added worry of inadequate coverage. Taking the time to shop around and find the right policy is a crucial step. Comparing the cheapest car insurance providers doesn’t mean skimping on coverage; it means being a smart consumer so you can afford the protection you need.

Conclusion: Prioritize Safety, Then Document

The decision to move your car after an accident can be stressful, but the rules are guided by one simple principle: safety first. If the accident is minor, with no injuries, and your vehicles are a hazard to other drivers, you should—and in many states, must—move them to a safe location after taking quick photos. If there is any doubt whatsoever, especially if an injury is involved, do not touch anything. By remembering this clear distinction, you can act confidently and responsibly, protecting both your own safety and your legal and financial interests in the chaotic moments after a crash.