Being involved in an accident is overwhelming. In the chaos that follows, it's hard to think clearly about what you should do next. The actions you take in the first hours and days after an accident can significantly impact your ability to recover compensation for your injuries.
This guide will walk you through exactly what to expect and what to do at each stage, from the moment after impact to the final resolution of your claim. Bookmark this page so you can reference it when you need it most.
Immediate Steps: The First Hour
The moments after an accident are critical. Here's exactly what you should do:
Check for Safety
Call 911
Document the Scene
- All vehicles involved (damage from multiple angles)
- The overall accident scene and road conditions
- Skid marks, debris, or road hazards
- Traffic signs, signals, and road markings
- Your visible injuries
- The other driver's license plate and insurance card
Exchange Information
- Full name and contact information
- Insurance company and policy number
- Driver's license number
- Vehicle make, model, and license plate
Get Witness Information
What NOT to Say
The First 24-48 Hours
What you do in the first two days after an accident sets the foundation for your entire claim.
Your Priority Checklist
Critical: See a Doctor
Starting Your Injury Journal
Your journal will become valuable evidence. Each day, document:
- Pain levels: Rate from 1-10 and describe the type (sharp, dull, throbbing)
- Symptoms: Headaches, dizziness, sleep problems, mood changes
- Limitations: Activities you can't do or struggle with
- Medications: What you're taking and side effects
- Appointments: Doctor visits, therapy sessions, tests
- Expenses: All costs related to the accident
Social Media Warning
Starting Your Claim?
The First Week
The first week is about building the foundation of your claim while focusing on your recovery.
Key Tasks This Week
Follow All Medical Advice
Obtain the Police Report
Organize Your Documents
- Police report
- Insurance correspondence
- Medical records and bills
- Photos and videos from the scene
- Witness contact information
- Receipts for all expenses
Notify Your Employer
Consider Consulting an Attorney
Don't Rush
Dealing with Insurance Companies
Insurance adjusters will contact you quickly, sometimes within hours of the accident. Understanding their tactics helps you protect your claim.
What to Expect from Insurance Adjusters
Adjusters are trained professionals whose job is to minimize what the company pays. They may:
- Call quickly while you're still shaken up
- Sound friendly and sympathetic to get you talking
- Ask for a recorded statement
- Request broad authorization to access your medical records
- Make a quick settlement offer to close the claim
- Suggest you don't need an attorney
Recorded Statements
What You Should Say
When speaking with insurance adjusters:
- Confirm basic facts only (date, time, location of accident)
- Say "I'm still receiving medical treatment" when asked about injuries
- Decline to speculate about fault or details
- Say "I'll get back to you" if pressured
- Get everything in writing
Communicating with Your Own Insurance
You generally have a duty to cooperate with your own insurance company. Be honest and factual, but still avoid speculation or admitting fault. Your own insurer can help with:
- Medical payments coverage (regardless of fault)
- Uninsured/underinsured motorist claims
- Collision coverage for vehicle repairs
- Rental car coverage
Know your case value before the adjuster calls. Understanding what your claim is worth gives you confidence in every conversation with insurance.
Get my free estimate →The Medical Treatment Process
Your medical treatment is both essential for your recovery and critical evidence for your claim.
Types of Treatment You May Need
- Emergency room: Initial evaluation and stabilization
- Primary care: Ongoing monitoring and referrals
- Specialists: Orthopedists, neurologists, pain management
- Physical therapy: Rehabilitation and recovery
- Chiropractic care: Spinal alignment and soft tissue treatment
- Mental health: Counseling for anxiety, PTSD, depression
- Diagnostic imaging: X-rays, MRIs, CT scans
Document Everything
Maximum Medical Improvement (MMI)
MMI is the point where your condition has stabilized and isn't expected to improve significantly with further treatment. This is typically when you should consider settling because:
- You'll know your full medical costs
- Any permanent impairment can be assessed
- Future treatment needs can be estimated
- Your claim value can be accurately calculated
Don't Settle Too Early
The Claims Timeline
Understanding the typical timeline helps you set expectations and know when to take action.
Week 1-2: Initial Phase
Report to insurance, begin medical treatment, gather evidence, start documentation
Month 1-3: Treatment Phase
Continue medical treatment, follow up with specialists, document progress, collect bills
Month 3-6: Recovery Phase
Reach or approach MMI, compile all medical records, calculate total damages
Month 6+: Negotiation Phase
Send demand letter, negotiate with insurance, reach settlement or proceed to litigation
Timeline Varies
When to Get an Attorney
While not every accident requires legal representation, there are clear situations where an attorney is strongly recommended.
Signs You Need Legal Help
- You suffered significant injuries requiring ongoing treatment
- Liability is disputed or unclear
- Multiple parties are involved
- The insurance company is denying or undervaluing your claim
- You're being pressured to settle quickly
- The at-fault driver is uninsured or underinsured
- You're unsure how to calculate your damages
- The statute of limitations is approaching
What Attorneys Do for You
- Handle all communication with insurance companies
- Investigate the accident and gather evidence
- Calculate the full value of your claim
- Negotiate for maximum compensation
- File a lawsuit if necessary
- Represent you in court
How Contingency Fees Work
Most personal injury attorneys work on contingency, meaning:
- No upfront costs to you
- Attorney fees come from your settlement (typically 33-40%)
- If you don't win, you don't pay attorney fees
- Attorneys are motivated to maximize your settlement
Know Your Case Value First
Frequently Asked Questions
Should I use my insurance or theirs?
It depends on your coverage and the situation. Your own insurance can provide faster coverage for medical bills and vehicle repairs, while you pursue a claim against the at-fault driver's insurance for full compensation.
What if the other driver is uninsured?
Your own uninsured motorist coverage (UM) can provide compensation. You may also be able to sue the driver personally, though collecting may be difficult if they lack assets.
How long do I have to file a claim?
Statutes of limitations vary by state, typically 2-4 years from the accident date. However, waiting too long weakens your case. Evidence disappears, memories fade, and witnesses become harder to locate.
What if my injuries get worse later?
This is why it's crucial not to settle too early. Once you sign a release, you typically cannot seek additional compensation, even if your condition worsens. Wait until you've reached MMI or fully understand your prognosis.
Can I handle my claim without a lawyer?
For minor injuries with clear liability and no disputes, you may be able to handle the claim yourself. However, studies show represented claimants receive significantly higher settlements on average, often enough to offset attorney fees.
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