What to Do After a Car Accident
The decisions you make in the hours and days after a crash have an outsized effect on your insurance claim and any potential lawsuit. This guide walks through exactly what to do -- and what to avoid -- in each time window after an accident.
At the Scene (First 30 Minutes)
Call 911 immediately
Even if the accident seems minor, call 911. A police report creates an official record of the crash, documents road conditions, and often includes the responding officer's assessment of fault. In many states, you are legally required to report accidents involving injuries or property damage above a threshold (typically $500 to $2,500). Without a police report, insurers can dispute whether the accident happened the way you describe it.
Document everything with your phone
Take wide-angle photos of both vehicles from all four sides and the positions they ended up in relative to lane markings and traffic signals. Photograph license plates, damage close-ups, skid marks, debris, road signs, traffic lights, and any visible injuries. If it is raining, snowing, or dark, photograph the conditions. Take a short video of the full scene. This evidence is irreplaceable -- tow trucks arrive quickly, and once the vehicles are moved, the scene is gone.
Exchange information
Get the other driver's full name, phone number, insurance company, policy number, license plate number, and driver's license number. If there are passengers, get their names too. Ask any witnesses for their name and phone number -- witnesses who seem sympathetic at the scene become very hard to locate two months later. Write everything down or put it in your phone's notes app immediately.
Do NOT admit fault
Do not say "I'm sorry" or "I didn't see you." Even casual apologies can be used as admissions of liability by the other party's insurer. Stick to the facts: "Are you okay?" and "I've called 911." You can be polite and cooperative without making any statements about who caused the crash. Let the police report and the evidence speak for themselves.
First 24 Hours
Get medical attention -- even if you feel fine
Adrenaline masks pain. Whiplash, concussions, and soft-tissue injuries regularly take 24 to 72 hours to produce symptoms. Go to an emergency room or urgent care within hours of the accident, not days. Tell the doctor every symptom, no matter how minor it seems. The medical record created on that first visit becomes the foundation of your injury claim. If you wait a week to see a doctor, the insurer will argue your injuries were not caused by the crash or were not serious enough to warrant treatment.
Do NOT give a recorded statement
The other driver's insurance company may call within hours, sounding friendly and asking you to give a "quick recorded statement." You are under no legal obligation to do so. Recorded statements are used to find inconsistencies they can exploit later. Politely decline and say you will cooperate through your attorney. This single decision protects more claims than almost any other.
Notify YOUR insurance company
Report the accident to your own insurer promptly. Most policies require "timely notice" of any accident, and failing to report can give them grounds to deny coverage later. Stick to the basic facts -- date, time, location, other driver's information. Do not speculate about fault, and do not characterize your injuries until you have had a full medical evaluation. Your own insurer is not your adversary, but they are also not your advocate.
First Week
Organize your documents
Create a folder -- physical or digital -- and put everything in it: the police report, your photos and video, medical records and bills, the other driver's information, your insurance correspondence, repair estimates, and any receipts for out-of-pocket costs like towing, rental cars, or prescription medication. Attorneys and adjusters will ask for all of this, and having it organized saves time and strengthens your position. Request a copy of the police report from the responding department if you have not already received one.
Do NOT post on social media
Insurance companies and defense attorneys routinely monitor claimants' social media accounts. A photo of you at a barbecue, a check-in at a gym, or even a post saying "feeling better today" can be taken out of context and used to argue your injuries are exaggerated. The safest policy is to post nothing about the accident, your injuries, or your daily activities until your claim is fully resolved. Adjust your privacy settings and ask friends and family not to tag you in posts.
Consult an accident lawyer
If your accident involved any injuries, disputed fault, multiple vehicles, or a commercial truck, talk to a personal injury attorney before you make decisions about your claim. Most accident lawyers offer free initial consultations and work on contingency, meaning they only get paid if you win. An attorney can tell you what your case is realistically worth, handle all communication with the insurance company, and prevent the mistakes that reduce or destroy settlements. You can find an accident lawyer near you through our directory -- every listed firm offers free consultations.
First Month
Follow your medical treatment plan
Attend every appointment. Complete every prescribed course of physical therapy, imaging, or specialist referral. Insurance companies track gaps in treatment and use them aggressively -- if you miss three weeks of physical therapy, the adjuster will argue you must not have been in that much pain. Keep a daily journal of your symptoms, pain levels, and how the injury affects your work and daily life. This contemporaneous record is powerful evidence that is hard for the other side to dispute.
Track every expense
Your claim includes more than just medical bills. Track lost wages (get a letter from your employer confirming missed work and your pay rate), mileage to and from medical appointments, prescription costs, over-the-counter medication, medical equipment (braces, crutches), household help you needed because of your injuries, and childcare costs during your recovery. These "special damages" add up quickly and are fully recoverable in most accident claims.
Do NOT accept a lowball settlement offer
Insurers often extend a fast settlement offer within the first few weeks. These early offers are almost always a fraction of what the claim is worth, and they require you to sign a release that permanently waives your right to pursue additional compensation -- even if your injuries turn out to be worse than initially diagnosed. Never accept a settlement without understanding the full scope of your injuries, which usually takes at least several weeks of medical treatment. An attorney can evaluate whether an offer is reasonable.
Common Mistakes That Hurt Accident Claims
- Waiting too long to see a doctor. A gap between the accident and your first medical visit is the single most common reason claims are undervalued. Insurers interpret delay as evidence that your injuries were minor or unrelated to the crash.
- Signing a medical records release from the other insurer. The opposing insurance company may ask you to sign a blanket medical authorization. This gives them access to your entire medical history, which they will comb through for pre-existing conditions to blame your pain on. Only release records through your attorney or on a limited, accident-specific basis.
- Trusting the other driver's insurance company to be fair. The adjuster assigned to your claim works for the company that profits by paying you as little as possible. They are not neutral. They are not on your side. Every question they ask, every form they send, is designed to build their case for a lower payout.
- Repairing your vehicle before it is inspected. Your damaged vehicle is evidence. Have the insurance adjuster or an independent appraiser inspect and photograph it before authorizing repairs. If the car is totaled, do not accept the insurer's initial valuation without checking comparable sales in your area.
- Not getting a police report. Without an official report, the accident becomes a "he said, she said" dispute. File one even if officers did not come to the scene -- most departments allow you to file a report within a few days.
Frequently Asked Questions
Should I call a lawyer before talking to insurance?
Yes, if your accident involved injuries, disputed fault, or significant vehicle damage. Insurance adjusters are trained to minimize payouts, and anything you say in a recorded statement can be used against your claim. A brief consultation with a personal injury attorney is typically free and can prevent costly mistakes.
How long do I have to file a car accident claim?
Statutes of limitations vary by state, ranging from one to six years. Most states give you two to three years from the date of the accident to file a personal injury lawsuit. However, waiting hurts your case -- evidence disappears, witnesses forget details, and medical records become harder to connect to the crash. Start the process within the first week if possible.
What if the other driver does not have insurance?
Check your own policy for uninsured/underinsured motorist (UM/UIM) coverage. This is a separate coverage on your policy that pays you when the at-fault driver cannot. If you do not have UM/UIM coverage, you may still be able to recover through a personal injury lawsuit against the other driver directly, though collecting can be difficult. An attorney can evaluate your options.
Do I need a police report to file a claim?
A police report is not legally required to file an insurance claim, but it is one of the strongest pieces of evidence you can have. The report documents the scene, identifies witnesses, and often includes the officer's preliminary assessment of fault. If you left the scene without a report, you can usually file one within 24 to 72 hours at your local police department.
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