Hurt in a car accident
What you do in the first days after a crash affects how well your claim holds up later. This page covers what to save, what to avoid, and when it is worth talking to a lawyer.
What to do first
- Get safe and get medical care. Call 911 if it is serious. Get checked even if you feel okay.
- Photograph the scene. Cars, plates, road, signs, and any injuries.
- Get the other driver's details. Name, phone, plate, and insurance card.
- Get a police report number. Ask the officer how to get a copy.
- Collect witness contacts. Name and phone number for anyone who saw it.
- Do not admit fault. Stick to the facts. Do not apologize or guess what happened.
- See a doctor within 24 hours. Symptoms can show up days later. Keep every visit record.
Details that get lost quickly
- Photos of all vehicles, the plates, the road, skid marks, and traffic signs before anything is moved.
- The other driver’s name, phone number, plate, and insurance card.
- The police report number, and how to get a copy.
- Names and numbers for anyone who saw the crash.
- Your own insurance policy. It may include medical payments or uninsured driver coverage, and it may have short notice deadlines.
Common mistakes
- Saying “I’m fine” at the scene before you have been checked.
- Giving a recorded statement to the other driver’s insurer before you know your rights.
- Accepting a quick offer before your treatment is finished.
- Waiting weeks to see a doctor. Gaps in care get used against you.
Who may be responsible
Often the other driver. It can also be an employer if the driver was working, a rideshare or trucking company, the owner of the vehicle, or a government body responsible for the road.
Your filing deadline
Every state sets a time limit to file an injury lawsuit. Most are between one and six years, and some situations are shorter. Claims against a city or public agency can have much shorter notice deadlines.
See the time limit for your state
When it is worth talking to a lawyer
It is worth a call if you were seriously hurt, if fault is disputed, if an insurer denies or delays your claim, if you expect a long recovery, or if you have been offered an amount that does not cover your costs. Most injury lawyers offer a free first consultation.
Questions people ask
Should I give the other side’s insurance a recorded statement?
You are generally not required to give one to the other side’s insurer. Statements can be used against you later. Many people speak with a lawyer first. Your own policy may require you to cooperate with your own insurer, so read it. The Scripts screen has plain wording for these calls.
Should I accept the first offer?
Early offers often come before the full extent of your injuries is known. Once you sign a release, you usually cannot ask for more. Wait until your doctor can tell you what treatment you need and how long recovery will take. Have someone you trust read the release.
What if the other driver has no insurance?
Your own policy may include uninsured or underinsured motorist coverage. Check your policy and report the crash to your insurer quickly. Notice deadlines in a policy can be short.
How do I pay medical bills while my claim is open?
Use your health insurance if you have it. Some auto policies include medical payments or personal injury protection coverage, which pays regardless of fault. Providers or insurers may later ask to be repaid from a settlement, which is called a lien. Keep every bill and explanation of benefits.
General information, not legal advice. Rules differ by state and situation. Kindred is not a law firm.