The moments after a car accident are chaotic and stressful. However, the actions you take (or fail to take) in the immediate aftermath can significantly impact your ability to recover compensation later. This guide walks you through the essential steps to protect your health, legal rights, and potential settlement.
Step 1: Check for Injuries and Ensure Safety
Your first priority is safety. Before worrying about your car or the other driver:
- Check yourself for injuries—adrenaline can mask pain
- Check on your passengers
- If possible and safe, move vehicles out of traffic
- Turn on hazard lights
- Set up flares or warning triangles if available
Important: If anyone is seriously injured, don't move them unless there's immediate danger (fire, oncoming traffic). Moving someone with a spinal injury can cause permanent damage.
Step 2: Call 911
Always call the police, even for minor accidents. Here's why this matters for your claim:
- A police report creates an official record of the accident
- Officers document the scene and gather witness information
- The report may include the officer's opinion on fault
- Insurance companies give significant weight to police reports
- Some states require police reports for accidents above certain damage thresholds
When the police arrive, be factual but don't speculate about fault or admit responsibility. Stick to what you know for certain.
Step 3: Exchange Information
Collect the following from all drivers involved:
- Full name and contact information
- Driver's license number
- License plate number
- Insurance company and policy number
- Vehicle make, model, and year
Also get contact information from any witnesses. Their statements can be crucial if liability is disputed.
Step 4: Document Everything
Your smartphone is your best friend at an accident scene. Take photos of:
- All vehicles involved from multiple angles
- Damage to each vehicle (close-ups and wide shots)
- The accident scene (skid marks, debris, road conditions)
- Traffic signs and signals
- Weather and lighting conditions
- Your visible injuries
- The other driver's license and insurance card
If possible, use your phone to take video of the scene while narrating what happened. This captures details you might forget later.
Step 5: Don't Admit Fault
This is crucial. Even if you think you might have been partially responsible:
- Don't apologize—"I'm sorry" can be used as an admission of fault
- Don't speculate—You may not have all the facts
- Don't discuss the accident with the other driver beyond exchanging information
- Don't post on social media—Anything you say can be used against you
Remember: Fault determination is complex. The other driver might have been speeding, distracted, or violated a traffic law you didn't notice. Let investigators determine fault.
Step 6: Seek Medical Attention
Get a medical evaluation immediately, even if you feel fine. This is critical because:
- Some injuries (whiplash, internal bleeding, concussions) don't show symptoms immediately
- Adrenaline can mask pain for hours or days
- Delaying treatment gives insurance companies ammunition to claim your injuries weren't from the accident
- Medical records create documentation linking your injuries to the accident
Go to the emergency room, urgent care, or your doctor within 24-72 hours of the accident—the sooner the better.
Step 7: Notify Your Insurance Company
Report the accident to your insurance company promptly. Most policies require timely notification. When you call:
- Stick to the facts
- Don't provide a recorded statement without legal advice
- Don't accept any settlement offers immediately
- Don't sign any documents without understanding them
Be aware that anything you say to insurance adjusters—even your own company—can be used to minimize your claim.
Step 8: Keep Detailed Records
Start a file with all accident-related documents:
- Police report
- Medical records and bills
- Prescriptions and pharmacy receipts
- Pay stubs showing lost wages
- Repair estimates and receipts
- Correspondence with insurance companies
- Photos and videos from the scene
Also keep a personal injury journal documenting:
- Daily pain levels (1-10 scale)
- Activities you can't perform
- Emotional impacts (anxiety, sleep problems, depression)
- Doctor appointments and treatments
Step 9: Be Careful with the Other Driver's Insurance
The at-fault driver's insurance company will likely contact you. Remember:
- They are not on your side—their goal is to minimize payouts
- Politely decline to give recorded statements
- Don't accept early settlement offers (they're almost always too low)
- Don't sign medical authorizations that give them broad access to your records
- Any information you provide can be used to reduce your settlement
Step 10: Consider Consulting an Attorney
You may want to consult a personal injury attorney if:
- You suffered significant injuries
- Medical bills exceed $5,000-$10,000
- You missed substantial work time
- Fault is disputed
- Multiple vehicles or parties are involved
- The insurance company is giving you problems
- You're in a contributory negligence state
Most personal injury attorneys offer free consultations and work on contingency (no fee unless you win). Getting professional advice doesn't obligate you to hire anyone.
Common Mistakes to Avoid
- Waiting too long to see a doctor—This is the #1 mistake that hurts settlements
- Accepting the first settlement offer—Initial offers are typically 30-50% below fair value
- Posting about the accident on social media—Insurance companies search for evidence to use against you
- Missing the statute of limitations—Each state has deadlines for filing claims
- Not following through on medical treatment—Gaps in care suggest your injuries aren't serious
Calculate Your Potential Settlement
Once you have a handle on your medical bills and other damages, use our settlement calculator to get an estimate of your claim's value. This gives you a baseline for evaluating any settlement offers you receive.
Conclusion
The steps you take after an accident set the foundation for your entire claim. By documenting thoroughly, seeking prompt medical attention, and being careful in your communications, you protect both your health and your legal rights.
Remember: Insurance companies handle claims every day—this may be your first time. Don't let inexperience cost you the compensation you deserve.
SettlementCalcUSA Editorial Team
Our editorial team consists of researchers and writers with backgrounds in legal research, personal injury law, and insurance claims. We compile information from publicly available legal resources, court records, and official state statutes to provide accurate, educational content.
Note: Our content is for educational purposes only and does not constitute legal advice. Always consult with a licensed attorney for advice specific to your situation.