After a Car Accident: Documentation and Next Steps

The priority order is safety, medical attention, then documentation.

At the scene

Move to safety if the vehicles are obstructing traffic and it is safe to do so. Call emergency services. In many states a police report is required above a damage threshold, and having one is valuable regardless.

Exchange information: names, contact details, driver's licence numbers, insurance carriers and policy numbers, vehicle registration and make and model. Note the responding officer's name and the report number.

Photograph extensively: damage to all vehicles from multiple angles, the wider scene showing vehicle positions, skid marks, debris, road conditions, traffic signals and signage, weather, and any visible injuries. Photograph the other vehicle's licence plate and its insurance card.

Collect witness names and contact details. Independent witnesses are valuable and disappear quickly once traffic clears.

What not to say

Do not apologise or speculate about fault. Statements at the scene are frequently reported to insurers and can be characterised as admissions.

Report facts: what you saw, what you did, where you were. Avoid conclusions about who was responsible, which is a determination made later on the basis of evidence.

Similarly, do not state that you are uninjured. Adrenaline masks symptoms, and soft tissue injuries commonly present hours or days afterwards. 'I don't know yet' is accurate.

Medical attention promptly

Seek evaluation even if you feel unhurt. Delayed presentation is used routinely to argue that injuries were unrelated to the collision, and gaps between the incident and treatment weaken claims.

Describe all symptoms, including minor ones, so they appear in the record from the outset. Follow the treatment plan and attend appointments, since gaps in treatment are similarly used against claimants.

Keep every document: discharge notes, referrals, prescriptions, receipts, mileage to appointments.

Dealing with insurers

Notify your own insurer promptly, as policies require. Cooperate with your own carrier as the policy obliges.

The other driver's insurer will likely make contact. You are generally not obliged to give a recorded statement to the other party's insurer, and doing so before you understand your injuries is rarely to your advantage.

Be cautious about signing medical authorisations for the other insurer, which may grant broad access to unrelated medical history used to attribute symptoms to pre-existing conditions.

Early settlement offers are common and frequently low, particularly before the medical position is clear.

No-fault and PIP states

Some states operate no-fault systems where your own personal injury protection coverage pays initial medical expenses regardless of fault, with thresholds that must be met before suing the other driver.

Rules differ substantially by state, including whether PIP is mandatory and what the threshold is. Understanding which system applies determines the correct process.

When to consult an attorney

Reasonable triggers include significant injury, disputed liability, a commercial vehicle or government vehicle involved, an uninsured or underinsured driver, multiple parties, or an insurer denying or undervaluing a clear claim.

Most personal injury attorneys offer free consultations and work on contingency, so an initial conversation costs nothing. Ask about the fee percentage, how expenses are handled and who will actually work on the file.

For minor damage with no injury, handling it directly with insurers is often perfectly sensible.