The actions you take in the hours and days following an accident directly affect your ability to recover compensation. Insurance companies look for reasons to deny or reduce claims, and mistakes made in the immediate aftermath provide them with ammunition.
Our friends at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. discuss the most important steps victims should take to protect their legal rights after accidents. A car accident lawyer can guide you through the process, but understanding these fundamentals helps you protect yourself from the very beginning.
We’ve seen strong cases weakened by preventable errors in the critical period right after accidents. These tips help you avoid the most common mistakes.
1. Seek Medical Attention Immediately
Your health comes first, but immediate medical care also creates documentation linking your injuries to the accident. Delaying treatment gives insurance companies arguments that injuries aren’t serious or came from something else.
According to the National Highway Traffic Safety Administration, delayed medical treatment is one of the most common factors insurance companies use to deny or reduce claims. Even if you feel okay, see a doctor the same day.
Adrenaline masks pain and symptoms. Injuries that seem minor at the scene often worsen within hours. Emergency room visits create official medical records documenting injuries immediately after the accident.
2. Document Everything at the Scene
Use your phone to photograph everything:
- All vehicles involved from multiple angles
- Damage to your vehicle and other vehicles
- Your visible injuries
- Road conditions and weather
- Traffic signs and signals
- Skid marks or debris
- The general accident scene
More photos are better than too few. You can always delete unnecessary pictures, but you can’t recreate the scene later.
Get contact information from witnesses. Their statements can prove what happened when liability is disputed.
3. Call Police and File an Accident Report
Police reports create official records of accidents. They document who was involved, what happened, and often include the officer’s assessment of fault.
Never leave an accident scene without police involvement unless injuries require immediate medical transport. Even then, contact police from the hospital to file a report.
Insurance companies take police reports seriously. Having this official documentation strengthens your claim from the start.
4. Exchange Information But Say Little
Get the other driver’s information including name, contact details, driver’s license number, insurance information, and vehicle registration. Provide your information in return.
Keep conversation minimal. Don’t apologize, don’t admit fault, and don’t discuss how the accident happened in detail. Polite exchange of required information is all that’s necessary.
Anything you say can be used against you later. Save detailed explanations for your attorney.
5. Notify Your Insurance Company Promptly
Your insurance policy requires prompt accident notification. Failing to notify your insurer can jeopardize coverage under your own policy.
Provide basic facts about the accident but avoid giving detailed recorded statements until you’ve consulted an attorney. You’re required to cooperate with your insurer, but you’re not required to provide statements that might hurt your claim.
6. Keep Detailed Records of Everything
Organize and preserve all accident-related documents:
- Medical records and bills
- Prescription receipts
- Physical therapy appointments
- Lost wage documentation
- Property damage estimates
- Rental car receipts
- Any accident-related expenses
Create a dedicated folder or file for everything related to your accident. This organization makes building your claim much easier.
7. Don’t Sign Anything Without Legal Review
Insurance companies might ask you to sign medical releases, settlement agreements, or other documents. Don’t sign anything until you understand what rights you’re waiving.
Some releases allow insurance companies to access your entire medical history rather than just records related to the accident. Other documents might waive rights you didn’t know you had.
Have an attorney review all documents before signing them.
8. Avoid Social Media Posts
Insurance companies monitor social media looking for posts that contradict injury claims. Photos of you at parties, vacation pictures, or posts about activities get twisted to argue you’re not really hurt.
Set all accounts to private and post nothing about your accident, injuries, or activities until your case resolves. Better yet, stay off social media entirely during your claim.
Even innocent posts can be misinterpreted. A photo of you smiling doesn’t mean you’re not in pain, but insurance adjusters present it that way.
9. Consult an Attorney Before Making Major Decisions
Important decisions about treatment, settlement offers, recorded statements, and claim procedures benefit from legal guidance. Many mistakes that hurt claims are made before victims consult attorneys.
Early legal consultation protects you from pressure tactics, helps you understand case value, and guides you through the claims process properly.
What Not to Do
Certain actions damage claims significantly. Don’t give recorded statements to the other driver’s insurance company without legal advice. Don’t accept quick settlement offers. Don’t skip medical appointments or ignore doctor recommendations.
Don’t wait too long to take action. Evidence disappears, witnesses forget details, and filing deadlines approach.
The First 48 Hours Matter Most
Evidence preservation happens immediately or not at all. Surveillance footage gets recorded over. Witnesses move away. Accident scenes change. Your memory of details fades.
The actions you take in the first two days set the foundation for everything that follows. Mistakes made during this window are difficult or impossible to fix later.
Understanding Your Rights
You have the right to refuse recorded statements to other insurance companies. You have the right to consult an attorney before making claim decisions. You have the right to be treated fairly by insurance companies.
Knowing these rights helps you resist pressure tactics designed to minimize your compensation.
When to Get Legal Help
Not every accident requires an attorney, but serious injuries, disputed liability, inadequate insurance coverage, or pressure from insurance companies all warrant legal consultation.
Early guidance prevents mistakes that might cost you thousands or tens of thousands in compensation. Even if you ultimately handle your claim yourself, understanding your rights and options helps you make informed decisions.
Insurance Company Tactics
Adjusters use various tactics to minimize payouts. They pressure quick settlements before you understand your injuries. They request excessive medical records. They make you feel guilty for pursuing compensation.
Understanding these tactics helps you recognize them when they happen and respond appropriately rather than falling for strategies designed to reduce your recovery.
Protecting Yourself Long-Term
Your actions in the weeks following the accident continue to matter. Consistent medical treatment, thorough documentation, and careful communication with insurance companies all protect your interests.
Avoid discussing your case with anyone except your attorney and medical providers. Don’t let insurance adjusters pressure you into decisions you’re not ready to make.
If you’ve been in an accident and want to protect your legal rights, we can review what happened, explain your options, guide you through the claims process, and help you avoid mistakes that could reduce your compensation while you focus on recovering from your injuries.
