What to Do After a Car Accident: Protecting Your Injury Claim in the First 30 Days

At the scene

Your safety comes first. If the cars can be moved and nobody is badly hurt, get them out of traffic and switch on hazard lights. Call 911 if anyone is injured, if a driver seems impaired, or if the other driver will not share their details.

Then, if you can do it safely:

• Photograph everything: both cars from several angles, the other car's license plate, the road, traffic signals, skid marks and any visible injuries.
• Exchange details with the other driver: name, phone, address, insurer and policy number, and the vehicle's make and model. A photo of their license and insurance card is quickest.
• Get witness names and numbers. Independent witnesses can decide a dispute about fault months later.
• Say little about fault. "Are you OK?" is fine. "It was my fault" or "I didn't see you" can be quoted back to you.

The first 72 hours

See a doctor. Adrenaline hides pain, and whiplash and back injuries often get worse over the next day or two. An urgent care or ER visit creates a record that links your symptoms to the accident. In no-fault states timing can be strict: Florida's personal injury protection only covers treatment if you get initial care within 14 days.

Report the accident. Every state requires a report when someone is injured, and most do when property damage passes a threshold, often around $1,000. If the police did not come to the scene, you may need to file a report yourself with the police or your state's motor vehicle agency. Get the report number.

Tell your own insurer. Your policy almost certainly requires prompt notice, even if you were not at fault. Your own coverage may pay first: personal injury protection (PIP) in no-fault states, medical payments coverage, or collision coverage for your car.

Dealing with the other driver's insurer

The other driver's insurer will probably call within days. You can confirm basic facts: who you are, where and when the accident happened, and that you are getting treatment. Be careful with three requests:

1. A recorded statement. You are generally not required to give one to the other driver's insurer. If you agree, stick to facts and do not guess about how you will recover.
2. A blanket medical authorization. It can let the insurer search your entire medical history for pre-existing conditions. Offer records related to this accident instead.
3. An early settlement offer. A quick check can be tempting. Once you sign a release, you cannot ask for more if you later need an MRI, injections or surgery.

Keep a claim file

Start a folder, paper or digital, on day one. Put in it:

• the police report number and the other driver's details
• photos and any dashcam footage
• every medical bill and record, including prescriptions and physical therapy
• a note of every day or shift of work missed, and pay stubs to show your normal earnings
• receipts for out-of-pocket costs: mileage to appointments, braces, help at home
• all letters and emails with insurers
• a short weekly journal describing pain, sleep and what you could not do

This file is what turns a claim from "I was hurt" into numbers an adjuster has to engage with. It is also exactly what our car accident settlement calculator needs to estimate a range.

Weeks 2 to 4: follow through

• Follow your treatment plan. Missed appointments and long gaps are among the most common reasons insurers cut injury claims.
• Ask for your records as you go. Itemized bills from each provider save time later.
• Check your deadline. Most states allow two or three years to file a lawsuit, but some allow only one, and claims against a city, county or state agency can require a formal notice within months. See the statute of limitations for your state.
• Watch social media. Photos from a party or a hike can be used to argue you were not really hurt, even if they do not show the whole story.

When to bring in a lawyer

Most minor accidents can be settled without one. Consider a consultation if treatment is still going after four to six weeks, fault is disputed, a commercial vehicle was involved, or the other driver's insurance may not cover your losses. Our guide on whether you need a lawyer for a minor accident walks through the decision, and the contingency fee guide explains what a lawyer would cost.

When to settle

The best time to settle is usually once you have finished treatment, or when your doctor can put a figure on the future treatment you need. Before then, nobody knows what the claim is worth. Our article on how long settlements take explains the typical timeline, and if the first offer is low, the guide to responding to a low settlement offer includes a sample letter.