Car Accident Claims: What to Do After a Crash
A car accident can happen in seconds, but the physical, financial, and emotional consequences can last for months or even…
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Accident Resource Center
Comprehensive guides, checklists, and step-by-step instructions to protect your rights, health, and financial recovery after a motor vehicle accident.
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What To Do Immediately After An Accident
The minutes following an accident are chaotic. Follow this emergency protocol to ensure your safety and protect your future claims.
1. Secure Safety
Move vehicles to the shoulder if they are operable and it is safe to do so. Turn on hazard lights and check all passengers for injuries.
2. Call 911
Always report the accident to the police, regardless of severity. An official police report is critical for insurance and legal purposes.
3. Document Scene
Take extensive photos of vehicle damage, license plates, intersections, skid marks, and visible injuries before leaving the scene.
4. Don't Admit Fault
Exchange contact and insurance information with the other driver, but do not apologize or discuss fault with them or the police.
Medical Treatment Guide
Seeking immediate and continuous medical treatment is the most important step for both your physical recovery and the validity of your claim.
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Seek Care Promptly
Getting medical attention soon after an accident can help document injuries and support a claim. In many cases, waiting too long may raise questions about whether the accident caused the injury.
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Follow Doctor's Orders
Attend all follow-up appointments and physical therapy sessions as recommended by your healthcare provider. Consistent treatment records can be an important part of supporting your claim.
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Document Everything
Keep a daily journal of your pain levels, missed work days, and how the injuries affect your daily life. Save all medical bills, prescription receipts, and travel costs to appointments.
Vital Documentation
Police Report Guide
The accident report generated by the responding officer is the foundational piece of evidence in determining fault.
What It Contains
Officer narratives, diagrams of the crash, citations issued, witness statements, and weather/road conditions.
Correcting Errors
If the report contains factual errors (wrong insurance info, wrong date), you can usually request an amendment. Officer opinions are harder to change.
Need Your Report?
Navigating municipal portals to find your report can be frustrating and take weeks. We can expedite this process.
Critical Mistakes To Avoid
Insurance adjusters are trained to minimize payouts. Avoid these common pitfalls that can ruin your claim.
Giving a Recorded Statement
The at-fault driver's insurance will call you shortly after the crash. Do not give a recorded statement. You are not legally obligated to, and they will use your words out of context to shift blame.
Posting on Social Media
Adjusters will monitor your profiles. A picture of you smiling at dinner or going for a walk can be used to argue you are not in pain. Keep your accounts private and post nothing about the accident.
Accepting the First Offer
Initial settlement offers are notoriously low, designed to make you sign a "Release of Liability" before you realize the true extent of your medical bills and future required treatments.
Your Claim Journey Timeline
Understanding the standard progression of a motor vehicle accident claim helps set expectations and reduces anxiety.
Phase 1: The Incident & Investigation
The crash occurs. Police arrive, evidence is gathered, and medical treatment begins. Insurance companies are notified and they open their initial investigations into liability.
Phase 2: Medical Treatment (MMI)
You undergo treatment until you reach Maximum Medical Improvement (MMI). Your attorney or representative will not finalize a demand until doctors understand your long-term prognosis.
Phase 3: The Demand Package
Once MMI is reached, a comprehensive package detailing all medical bills, lost wages, and pain/suffering is sent to the insurance company demanding a specific settlement amount.
Phase 4: Negotiations
The insurance adjuster responds with a counteroffer. This back-and-forth negotiation phase can take weeks or months. Most cases (over 90%) are settled successfully during this phase.
Phase 5: Litigation (If Necessary)
If a fair settlement cannot be reached, a formal lawsuit is filed. This leads to discovery, depositions, and potentially a trial, though mediation often resolves it before court.
Document Checklists
Ensure you have gathered all necessary information to support your insurance claim. These documents form the foundation of your case.
Information to Collect
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Driver Details
Names, phone numbers, addresses, and driver's license numbers of all involved.
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Vehicle Information
Make, model, year, and license plate numbers of all vehicles.
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Insurance Info
Company name and policy numbers. Take a photo of their card if possible.
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Witness Contacts
Names and phone numbers of anyone who saw the crash happen.
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Answers to deep-dive questions regarding laws, processes, and medical recovery.
In 'No-Fault' states, your own insurance (PIP) pays for your medical bills regardless of who caused the crash. You can only sue if injuries are severe. In 'At-Fault' states, the driver who caused the crash is directly responsible for all damages from dollar one.
Factual errors (like date, time, or spelling) can usually be corrected by calling the precinct and providing evidence. Opinion-based errors (like who the officer thought was at fault based on statements) are very difficult to amend and must be fought by your attorney.
Insurance companies often use a multiplier method, taking your total medical bills and multiplying them by a number between 1.5 and 5 depending on severity. Attorneys use much more nuanced arguments based on quality of life degradation.
Subrogation is the legal right of your health insurance company (or Medicare/Medicaid) to seek reimbursement for the medical bills they paid on your behalf out of your final auto accident settlement.
You are contractually obligated to cooperate with your OWN insurance company, which may include a statement. You are NEVER obligated to give a recorded statement to the AT-FAULT driver's insurance company.
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