What to Do After a Serious Car Accident in the US: A Legal Step-by-Step Guide

What should you do at the scene of a serious car accident?

Get to safety, call 911, and request police and an ambulance. Do not admit fault or apologize. Document everything and exchange information, but limit conversation to essentials.

1. Safety first
   • Move to a safe location if you can do so without risking further injury.
   • Turn on hazard lights, use flares or triangles if available.
   • Do not move a severely injured person unless there is immediate danger (fire, traffic).
2. Call 911
   • Ask for police and EMS. Tell dispatch if anyone is trapped, unconscious, or bleeding.
   • When the officer arrives, describe what you perceived. Do not speculate about speed or fault.
   • Get the officer's name, badge number, and the report or event number.
3. Do not admit fault
   • Stick to facts: location, direction of travel, traffic signals as you saw them.
   • Do not say "I'm sorry," "I didn't see you," or "I'm fine." These phrases get used against you.
4. Exchange information
   • Drivers: full name, phone, address, driver's license, plate number.
   • Insurance: company, policy number, agent contact.
   • Vehicle: year, make, model, VIN if available.
5. Capture evidence
   • Photograph vehicles (all sides), license plates, VIN plates, interior airbags, seatbelt condition, and any cargo or road debris.
   • Photograph the scene: skid marks, road signs, traffic lights, lane markings, weather, lighting, and any nearby surveillance cameras or businesses.
   • Record injuries on all involved, including visible bruising, lacerations, and seatbelt marks.
   • Ask witnesses for names, phone numbers, and a brief voice memo if they will allow it.
   • Save dashcam footage and note any vehicle telematics. Do not let your car be scrapped before data is downloaded.
6. Request medical evaluation
   • Tell paramedics about head strike, loss of consciousness, neck pain, back pain, and new numbness or weakness.
   • Adrenaline can mask symptoms. Accept transport if recommended.
7. Report the crash as required
   • Most states require police reporting if there is injury, death, or property damage above a threshold (often 500 to 1,000 dollars).
   • Some states also require a separate DMV report (examples: California SR-1 within 10 days if injury or damage over 1,000 dollars; New York MV-104 within 10 days if damage over 1,000 dollars).
8. Limit statements and social media
   • Do not post photos or comments about the crash or your health.
   • Do not give recorded statements at the scene to any insurer.

What should you do in the days after a serious crash?

Get thorough medical care, notify your insurer quickly, and collect key records. Preserve evidence and meet short no-fault or PIP deadlines if you are in a no-fault state.

1. Follow medical care
   • See a doctor within 24-72 hours. Delays undermine health and claims.
   • Tell providers this was a motor vehicle collision so billing codes and records reflect causation.
   • Keep a symptom and limitations diary. Note missed work, sleep issues, and activities you can no longer do.
2. Notify insurers
   • Report to your auto insurer by the deadline in your policy (often a few days). Ask for a claim number.
   • No-fault/PIP states have strict timelines:
     • Florida: initial treatment must occur within 14 days to unlock PIP benefits.
     • New York: no-fault application typically due within 30 days; providers must bill within 45 days.
     • Michigan: notice and the one-year-back rule limit recovery of no-fault benefits if late.
   • Be cautious with recorded statements, especially to the at-fault driver's insurer. Consider consulting counsel first.
3. Get the police report
   • Order it online or from the department records unit. Typical fee is 10 to 25 dollars.
   • Confirm witness names and insurance information are correct.
4. Preserve evidence
   • Send a written preservation letter to the other driver and any commercial carriers to save event data recorder downloads, dashcam, ELD logs, hours-of-service, and maintenance records.
   • Ask nearby businesses for video before it is overwritten.
5. Document losses
   • Keep medical bills, Explanation of Benefits, prescriptions, and mileage to appointments.
   • Gather proof of income and time missed: pay stubs, W-2s, employer letter, or 1099s.
   • Get repair estimates and rental receipts. Photograph all damage before repairs.
6. Mind benefits and liens
   • Use PIP or MedPay first where available. Your health insurance may pay secondary and assert a lien.
   • Medicare and Medicaid have statutory reimbursement rights that must be resolved from any settlement.

How does insurance work after a serious car accident in the United States?

Most states use an at-fault system where the liable driver's insurer pays your losses. About a dozen states use no-fault rules where your own PIP benefits pay first, and you can sue for pain and suffering only if you meet a serious injury threshold.

At-fault vs no-fault basics

• PIP and MedPay
  • PIP: covers medical bills and partial wage loss up to your policy limits. Strict deadlines apply.
  • MedPay: optional in many states; pays medical bills regardless of fault, usually no wage coverage.
• UM/UIM coverage
  • Uninsured/Underinsured Motorist covers you when the at-fault driver has no insurance or not enough.
  • File timely UM/UIM notice per your policy, often within 30-60 days of learning limits are insufficient.
• Liability limits
  • State minimums vary by state law and can be low compared to serious injury costs.
  • Common minimum patterns include 25/50/25 or 30/60/25. Check your declarations page for your exact limits.

How is fault determined and what if you were partly at fault?

Insurers and, if needed, a jury evaluate evidence to assign percentages of fault. Your compensation may be reduced by your share of fault, or in a few states, barred completely if you share even 1% of fault.

• Evidence used to determine fault
  • Police report, diagrams, body cam footage, and citations.
  • Vehicle photos, crush patterns, skid marks, black box data, and dashcam or surveillance footage.
  • Witness statements, cell phone records, and expert accident reconstruction.
• Negligence rules by category

  Rule	Effect on recovery	Example states
  Pure comparative negligence	Recovery reduced by your fault percentage, even if 99% at fault	CA, NY, WA, AZ, AK, LA, NM, RI
  Modified comparative (51% bar)	Recovery allowed if you are 50% or less at fault; barred at 51% or more	TX, FL, CO, KS, UT, NV, OR
  Modified comparative (50% bar)	Recovery allowed if you are less than 50% at fault; barred at 50% or more	GA, TN, AR, ND, SC
  Contributory negligence	Any fault can bar recovery	AL, MD, NC, VA, DC

• Special factors
  • Commercial vehicles: federal safety rules, hours-of-service, and maintenance records can shift fault to carriers.
  • DUI or reckless driving may support punitive damages in some states.

What compensation can you claim and how is it calculated?

You can claim economic losses like medical bills and wages, and in at-fault claims, non-economic losses like pain and suffering. In no-fault states, PIP pays first and pain and suffering is only available if you meet a threshold.

• Documentation drives value: detailed records and consistent treatment create credible damages.
• Caps: some states cap non-economic or punitive damages. Ask counsel how local caps apply.

What are the deadlines to file insurance claims and lawsuits?

Insurance claim deadlines can be as short as 14 to 30 days for PIP, while lawsuits for personal injury usually must be filed within 2 to 3 years. Claims against government actors often require a formal notice within months, not years.

Selected statutes and claim deadlines

• Wrongful death deadlines differ from personal injury in some states.
• If the injured person is a minor, deadlines may be tolled, but notice rules for government claims can still apply.

How do you start and pursue a legal claim after a serious accident?

Open insurance claims immediately, then build your evidence and damages file. If negotiations fail, file suit before the statute of limitations and proceed through discovery, mediation, and, if needed, trial.

1. Open claims
   • At-fault driver's insurer for liability and property damage.
   • Your PIP/MedPay for immediate medical and wage benefits where applicable.
   • Your UM/UIM if needed.
2. Assemble your case file
   • Police report, 911 audio, photos, video, EDR data, witness statements.
   • Medical records and bills, prognoses, disability notes, and life care plan if serious.
   • Proof of wages and employment, tax records, and business records for self-employed claimants.
3. Demand and negotiation
   • Send a demand letter summarizing liability, injuries, bills, and your settlement demand.
   • Allow time for response and consider counteroffers. Do not settle before you understand future care needs.
4. File suit on time
   • File in the proper court and serve all defendants.
   • If a government entity is involved, ensure you completed any mandatory pre-suit notices.
5. Discovery and experts
   • Exchange documents, answer interrogatories, and take depositions.
   • Use experts: accident reconstructionists, biomechanical engineers, medical specialists, economists, and vocational experts as needed.
6. Mediation and trial
   • Most cases settle in mediation after discovery clarifies strengths and risks.
   • If no agreement, a jury or judge decides fault and damages at trial.

Typical costs and fees

• Most injury lawyers advance case costs and recoup them from the recovery in addition to the contingency fee.
• Health insurer, Medicare, Medicaid, or workers' comp liens must be negotiated and paid from any settlement.

What mistakes after a serious crash cause the biggest legal problems?

Admitting fault, delaying care, and missing short insurance deadlines are the top issues. Repairing or disposing of vehicles before downloading data also destroys crucial evidence.

• Admitting fault or apologizing at the scene.
• Delaying medical evaluation or skipping recommended follow-up.
• Giving recorded statements to the other driver's insurer without advice.
• Posting about the crash or your injuries on social media.
• Missing no-fault/PIP deadlines like Florida's 14-day rule or New York's 30-day application.
• Letting your car be scrapped or repaired before capturing photos, EDR data, and part numbers.
• Signing blanket medical authorizations or quick settlements before the full extent of injury is known.
• Ignoring letters about health insurance, Medicare, or workers' comp liens.

When should you hire a car accident lawyer?

Hire counsel immediately for serious injuries, disputed fault, commercial vehicle crashes, or when multiple insurers are involved. A lawyer protects evidence, meets strict deadlines, and maximizes net recovery after liens and fees.

• Situations that call for a lawyer
  • Hospitalization, surgery, fractures, traumatic brain injury, spinal injury, or permanent impairment.
  • Trucking, rideshare, delivery vans, government vehicles, or multiple-vehicle collisions.
  • Fault disputes, low policy limits, uninsured or underinsured drivers.
  • No-fault/PIP denials or independent medical exams.
  • Wrongful death or claims on behalf of a minor.
• What a lawyer does early
  • Sends spoliation letters, secures EDR and video evidence, and guides your statements to insurers.
  • Coordinates benefits, manages liens, and builds medical and economic proof.
  • Values your claim based on local verdicts and insurance practices.
• Cost and access
  • Contingency fees mean no upfront attorney fees. Initial consultations are usually free.
  • Ask about fee tiers, case costs, and how medical liens will be handled.

What are the core steps of the legal claim in order?

Notify insurers, treat consistently, preserve evidence, and document damages while negotiating. If needed, file suit within the statute of limitations and proceed through discovery, mediation, and trial.

1. Immediate
   • Emergency care, 911, police report number.
   • Notify your insurer and, where applicable, PIP carrier.
2. First 7-30 days
   • Follow-up with primary care and specialists; keep all appointments.
   • Open property damage and rental claims; get repair estimates.
   • Request the police report; gather witness information; send preservation letters.
3. 30-90 days
   • Collect complete medical records and bills; track lost wages.
   • Evaluate UM/UIM needs; confirm the at-fault policy limits.
   • Consider counsel if injuries are more than minor or liability is contested.
4. 90-180 days
   • Prepare and send a settlement demand with supporting evidence.
   • Negotiate in good faith; consider mediation on serious cases.
   • Calendar the statute of limitations; do not let it lapse.
5. Lawsuit phase (if necessary)
   • File and serve suit; conduct discovery and depositions.
   • Retain experts as appropriate; attend mediation.
   • Proceed to trial if the case does not resolve.

What does the insurance system mean for your choices after a serious crash?

In at-fault states, you may proceed directly against the negligent driver for all losses. In no-fault states, use PIP benefits first and consider a lawsuit only if your injuries meet the statutory threshold.

• If you are in an at-fault state
  • Pursue property damage and bodily injury claims against the at-fault driver's insurer.
  • Use your MedPay or health insurance to keep treatment moving while liability is decided.
• If you are in a no-fault state
  • File a PIP application immediately and get care within the required time window.
  • Track your medical costs and injury severity to determine if you meet the threshold for a pain and suffering claim.
• Regardless of system
  • Consider UM/UIM if the at-fault driver is uninsured or underinsured.
  • Keep all paperwork organized. Insurers pay claims that are well documented.

What should you keep and organize to prove your claim?

Save every document that shows fault, injuries, and financial loss. A clean, chronological file speeds payment and increases settlement value.

• Evidence and records
  • Police report, photos, videos, 911 recordings, and any crash data downloads.
  • All medical records and bills, prescriptions, and out-of-pocket receipts.
  • Pay stubs, employer letters, tax returns, and mileage logs to appointments.
  • Repair estimates, total loss valuations, rental invoices, and diminished value reports.
  • Pain-and-activity diary and a list of missed family or work events.

What are your immediate next steps?

Get care, open claims, and protect evidence. Use the checklist below to stay on track.

1. Within 24 hours
   • ER or urgent care visit; follow discharge instructions.
   • Notify your insurer and ask about PIP/MedPay and rental coverage.
   • Secure vehicle and request preservation of EDR data.
2. Within 3-7 days
   • Obtain the police report and correct errors if needed.
   • Schedule follow-up with primary care and specialists.
   • Collect witness info and request nearby video footage.
3. Within 30 days
   • File no-fault applications where applicable; meet Florida's 14-day treatment rule.
   • Organize bills, records, and wage proof; start a pain-and-activity diary.
   • Consult a qualified injury lawyer if injuries are more than minor or fault is disputed.