A car accident can be a terrifying and disorienting experience. Whether it’s a minor fender bender or a serious collision, knowing what steps to take immediately after an accident can protect your health, legal rights and financial well-being.
Below is a step-by-step legal guide to help you navigate the aftermath of a car accident. If you were injured in a collision, a Green Bay car accident lawyer may be able to assist you with the legal process. This includes giving you advice on what steps to take following the collision.
Step 1: Check for Injuries and Call 9-1-1
Your first priority after a crash is safety.
- Check yourself and others for injuries: If anyone is injured, call 9-1-1 immediately and request medical assistance. Even if injuries seem minor, adrenaline can mask pain, so it’s best to get checked out.
- Move to a safe location: If the accident is minor and the vehicles are blocking traffic, move them to the side of the road—only if it’s safe to do so. Otherwise, stay in your car with your seatbelt fastened until help arrives.
- Call the police: Even in minor accidents, having an official police report is crucial for insurance claims and legal proceedings. In many states, reporting an accident is required by law.
Step 2: Gather Evidence at the Scene
If you’re physically able, start collecting important information at the accident scene. The more evidence you have, the stronger your potential legal case will be.
Exchange Information with the Other Driver(s):
- Full name and contact information
- Driver’s license number
- License plate number
- Insurance company and policy number
- Vehicle make, model and color
Document the Scene:
Take pictures and videos capturing:
- Damage to all vehicles involved
- Skid marks, road signs and traffic signals
- Your injuries (if visible)
- Weather and road conditions
Get Witness Statements: If bystanders saw the crash, ask for their contact information and a brief statement about what they saw. Witness testimony can be valuable if there’s a dispute about fault.
Note Any Unusual Behavior: If the other driver appears intoxicated, distracted or aggressive, inform the police.
Step 3: Avoid Admitting Fault
Be careful with your words when speaking to the other driver, police or insurance companies.
Do NOT say:
- “I’m sorry.” (Even as a courtesy, this can be interpreted as admitting fault.)
- “I didn’t see you.”
- “It was my fault.”
Instead, stick to the facts: Share only necessary information and let investigators determine fault based on evidence.
Step 4: Seek Medical Attention (Even If You Feel Fine)
Many car accident injuries, such as whiplash, concussions, or internal bleeding may not show symptoms right away.
- See a doctor immediately – This creates a medical record linking your injuries to the accident, which is critical if you pursue an injury claim.
- Follow all treatment recommendations – Failing to do so can hurt your legal case if the insurance company argues you weren’t really injured.
Step 5: Notify Your Insurance Company
Most insurance policies require prompt accident reporting. Call your insurer and provide basic details about the crash.
- Be honest, but don’t speculate. Stick to the facts and avoid guessing who was at fault.
- Do NOT provide a recorded statement to the other driver’s insurance company. Their goal is to minimize your claim, so always consult a lawyer before speaking with them.
Step 6: Consult a Car Accident Lawyer Before Accepting Any Settlement
Even if the accident seems straightforward, consulting a personal injury attorney can help ensure you receive full compensation for:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
Important: Insurance companies often offer lowball settlements early on. Never accept an offer without speaking to a lawyer, as it may not cover your full expenses.
Step 7: Understand Your Legal Rights
Depending on the circumstances, you may be entitled to compensation for your injuries and damages. Here’s what you should know:
Who Is Liable?
- If the other driver was negligent (e.g., speeding, texting or driving under the influence), you may have a valid injury claim.
- In some states, you can still recover damages even if you were partially at fault (comparative negligence laws).
Statute of Limitations
Every state has a deadline for filing a car accident claim. Missing this deadline could bar you from seeking compensation. A lawyer can help ensure all paperwork is filed on time.
Step 8: Track Expenses and Keep Records
To strengthen your claim, keep all documents related to the accident, including:
- Medical bills and records
- Repair estimates and receipts
- Proof of lost wages (if you missed work due to injuries)
- A personal injury journal – Document your pain levels, emotional distress and how the accident affects your daily life.
Step 9: Beware of Insurance Company Tactics
Insurance adjusters may try to minimize your payout by:
- Asking for a recorded statement (which can be used against you)
- Arguing that your injuries were preexisting
- Offering a quick settlement before you know the full extent of your injuries
Pro Tip: Let your lawyer handle all communications with insurance companies to avoid mistakes that could reduce your compensation.
Step 10: Consider Filing a Lawsuit If Necessary
If negotiations fail and the insurance company refuses a fair settlement, your lawyer may recommend filing a personal injury lawsuit.
This can help you recover full compensation for damages beyond what insurance initially offers. A strong legal strategy can:
- Hold the at-fault driver accountable
- Maximize your financial recovery
- Push insurers to negotiate in good faith
If you’ve been injured in a car accident, don’t navigate the process alone. Contact a personal injury lawyer for a free consultation.