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What to Do After a Car Accident

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Written By
People's Justice Legal Research Team

At the Accident Scene

Check yourself and passengers for injuries before anything else. Call 911 if anyone is injured or if the accident is significant — a police report is essential evidence. Move vehicles to the shoulder or a safe location if possible and the vehicles are operable, but do not leave the scene. Turn on hazard lights and set up flares or reflective triangles if available. Do not admit fault or apologize — even a simple "I'm sorry" can be used against you by insurance companies.

Exchange information with all other drivers: full name, phone number, insurance company and policy number, driver's license number, vehicle make/model/year, and license plate number. Obtain contact information from witnesses. Take photographs of all vehicles from multiple angles showing damage, the overall accident scene, traffic signals and signs, skid marks, road conditions, weather conditions, and any visible injuries. Photograph the other driver's license plate, insurance card, and driver's license if possible.

The First 24-72 Hours

Seek medical attention immediately — even if you feel fine. Many car accident injuries, particularly whiplash, concussion, and internal injuries, have delayed symptom onset. An emergency room visit or urgent care evaluation within 24 hours creates a medical record establishing the temporal connection between the accident and your injuries. Tell the medical provider exactly how the accident occurred and describe all symptoms, even minor ones, so they are documented.

Report the accident to your own insurance company — this is required by most policies and does not constitute filing a claim against yourself. Request a copy of the police report (typically available within a few days). Begin a written journal documenting your symptoms, pain levels, activity limitations, and emotional state each day. Preserve all evidence — do not repair or dispose of damaged vehicles, clothing, or personal items. Do not post about the accident on social media.

Medical Treatment and Documentation

Follow through on all recommended medical treatment — emergency room referrals to specialists, follow-up appointments, physical therapy sessions, prescribed medications, and diagnostic imaging. Gaps in treatment are the most common reason insurance companies devalue claims. If you miss appointments, stop treatment prematurely, or delay seeking specialist care, the insurance adjuster will argue that your injuries were not serious enough to warrant consistent attention.

Keep detailed records of all accident-related expenses: medical bills, prescription costs, co-pays, transportation to medical appointments, out-of-pocket expenses for medical supplies, childcare needed due to your injury, and household services you can no longer perform. Document lost workdays and any impact on your job performance. Request a narrative report from your treating physician summarizing your diagnosis, treatment, causation, and prognosis — this document is central to your demand letter.

Common Mistakes to Avoid

Do not give a recorded statement to the other driver's insurance company without consulting an attorney. Do not sign any medical record release forms from the other insurer — they will use overly broad authorizations to access your entire medical history searching for pre-existing conditions. Do not accept the first settlement offer — it is virtually always a lowball designed to resolve the claim cheaply before the full extent of your injuries is known.

Do not post photographs, activities, or comments on social media that could be interpreted as inconsistent with your claimed injuries — insurance companies actively monitor claimants' social media accounts. Do not wait until the statute of limitations is approaching to consult an attorney — evidence degrades over time, witnesses become harder to locate, and some states require early notice for certain claims. Do not discuss the details of your accident with anyone other than your attorney, your doctor, and the police.

FAQ

Frequently Asked Questions

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