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What to do after an accident
The first hours after a crash or a fall decide more about a claim than the next six months. Eight steps: what to document, what never to say, and the deadlines that quietly end cases. No phone call required.
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Get safe, then call 911
Health first, evidence second. Always.
Move out of traffic if you can do it safely. Check on everyone involved. Call 911 and ask for police and medical help, even for a 'minor' crash or fall. You are not overreacting. You are creating the official record.
If you're hurt at a business or building, ask for an incident report and how to get a copy. Don't be talked out of it.
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Say little, admit nothing
'I'm sorry' becomes 'they admitted fault' in an insurer's file.
Be polite and truthful, but don't guess, apologize or say 'I'm fine.' You don't know yet whether you're fine. Adrenaline hides real injuries for hours or days.
Give the police the facts. Let the investigation decide fault. That's its job, not yours.
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Photograph everything
Your phone is the best investigator on the scene.
Vehicles from several angles, the whole scene, skid marks, traffic signals, the hazard that made you fall, plus wide shots that show context. Photograph your visible injuries now and as they change.
After a fall, photograph the exact spot before it can be cleaned, salted or repaired. After a dog bite, photograph the wounds every few days. Owners fix hazards fast once someone gets hurt, often within days.
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Get names: witnesses and everyone involved
Witnesses disappear within minutes. Phone numbers don't.
Swap license, registration and insurance details with drivers. For a truck, write down the company name and the USDOT number on the door. Get names and numbers for every witness. A 30-second voice memo of what they saw is gold later.
Note nearby cameras: storefronts, doorbells, buses, traffic poles. Their footage is usually recorded over within days or weeks. Knowing it exists lets a lawyer send a preservation demand in time.
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See a doctor within 72 hours
A gap in treatment is the insurer's favorite argument.
Go to the ER, urgent care or your doctor today, not 'if it still hurts next week.' Delayed care reads as 'not really hurt' to every adjuster, and some injuries (concussions, internal injuries, disc damage) hide behind adrenaline.
Describe every symptom, however small, and follow the treatment plan. After a car crash in New York, no-fault benefits also have a 30-day claim deadline, and prompt care protects it.
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Report carefully to your own insurer
Report promptly. Say only the basics.
Your policy requires prompt notice, and in New York your no-fault benefits come through your own carrier. Report the basic facts: when, where and which vehicles.
Don't guess about fault, speed or injuries. 'Still being evaluated' is a complete answer. And you generally owe the other side's insurer no recorded statement at all.
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Keep the paper trail
One folder, on paper or on your phone, for everything.
Police report number, incident reports, photos, witness details, every medical record and bill, receipts for out-of-pocket costs, and a short daily note of your pain and what you couldn't do that day. Missed shifts and lost income too.
Stay off social media about the accident and your activities. Defense lawyers read it, and one gym selfie can do more damage than a bad deposition.
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Talk to a lawyer before any offer, statement or release
Free, no obligation, and the clock may be shorter than you think.
A consultation costs nothing and commits you to nothing. It locks in your deadlines (some as short as 90 days for claims against public bodies), gets preservation letters out while footage still exists, and puts a realistic range on your claim before an insurer anchors you low.
If a case isn't worth bringing, an honest firm will tell you that too. It's the fastest 'no' you'll ever get, and it's still free.
Just as important
Five things that quietly damage strong claims
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Don't apologize or guess
“I'm sorry” and “I didn't see them” become admissions in an insurer's file, even when you were just being polite.
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Don't give a recorded statement to the other insurer
You generally have no obligation to. “Please put your questions in writing to my attorney” is a complete sentence.
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Don't sign anything early
Releases are forever. Medical authorizations to the other side hand over your whole history, not just this injury.
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Don't post about it
Defense lawyers read social media. One smiling photo can outweigh a stack of medical records with a jury.
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Don't wait to feel worse
Adrenaline hides injuries for days. Insurers price the gap in treatment, not the pain.
The pocket version
Screenshot this
- 911: police and medical, every time
- Photos: vehicles, scene, hazard, injuries
- Names & numbers: drivers and witnesses
- Note nearby cameras before footage overwrites
- Doctor within 72 hours, then follow the plan
- Report to YOUR insurer, facts only
- No recorded statement to the other side
- Nothing signed, nothing posted
- One folder for every record and receipt
- Free legal call before any offer: (800) 555-0139
General information for New York, not legal advice about your situation. Deadlines and duties vary with the facts. When in doubt, use the free case review and get an answer specific to you.
Free case review · Available 24/7
Done what you can at the scene? Do step eight.
A free, no-obligation case review locks in your deadlines and starts evidence preservation while the evidence still exists.