The steps you take in the immediate aftermath of a car accident are critical to protecting your health and the strength of your personal injury claim.
Here are 5 critical steps to take immediately:
1. Prioritize Safety and Get Medical Attention
- Move to Safety: If possible, move your vehicle to the side of the road or shoulder to avoid further danger. Turn on your hazard lights.
- Call 911 (or your local emergency number): If anyone is injured or if the accident is serious, call for emergency medical services and law enforcement immediately.
- Seek Immediate Medical Treatment: Even if you feel fine, adrenaline can mask pain. See a doctor or go to the emergency room as soon as possible. A prompt medical evaluation is vital for your health, and the medical records created immediately after the crash serve as crucial evidence that legally links your injuries to the accident.
2. Contact the Police and File an Official Report
- Call the Police: In many jurisdictions, a police report is legally required if there is an injury or significant property damage. The police report is an essential, unbiased, third-party document that officially records the facts of the crash (location, time, parties involved, etc.).
- Do Not Admit Fault: When speaking to the police, state only the facts and avoid speculating or admitting blame (e.g., do not say, “I’m sorry” or “It was my fault”). An apology can be construed as an admission of fault and severely damage your claim.
- Get Officer Information: Note the name and badge number of the responding officer and the official police report number.
3. Document the Scene and Gather Evidence
If you are physically able, this is the most critical time to collect evidence that may disappear later.
- Take Photos and Videos: Use your phone to photograph everything from multiple angles:
- Damage to all vehicles involved.
- Your injuries (bruises, cuts, etc.).
- The accident scene, including the position of the vehicles, skid marks, road conditions, traffic signs, and any debris.
- The license plates of all vehicles.
- Gather Contact Information: Get the name, phone number, address, license plate number, driver’s license number, and insurance information (company and policy number) from all involved drivers.
- Find Witnesses: Ask any bystanders who saw the accident for their names and phone numbers. Their testimony can be invaluable in a dispute over fault.
4. Notify Your Insurance Company (But Limit Your Statement)
- Report the Accident Promptly: Most insurance policies require you to report an accident within a short time frame, regardless of who was at fault.
- Keep Your Statement Factual and Minimal: Provide only the basic facts: where, when, and who was involved.
- Do not give a recorded statement until you have consulted with a lawyer.
- Do not discuss your injuries in detail, say you are “fine,” or discuss fault. Insurance adjusters are trained to use your statements against you to minimize their payout.
5. Start a Detailed File and Consult a Personal Injury Attorney
Contact a Lawyer: It is highly recommended to consult with an experienced personal injury attorney as soon as possible. They can take over communication with the insurance companies, ensure you meet all legal deadlines (the Statute of Limitations), and build the strongest possible case for maximum compensation.
Create an Accident File: Start a dedicated folder or digital file to keep meticulous records of everything:
The police report.
All medical bills, receipts for prescriptions, and appointment confirmations.
Notes on your pain levels, physical limitations, and how the injury has affected your daily life (a “pain journal”).
Records of lost wages/time missed from work.
All communication with insurance companies.
