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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.

  1. Get safe, then call 911

    Health first, evidence second — always.

    Move out of traffic if you can do so safely. Check on everyone involved. Call 911 and ask for both police and medical response — even for a 'minor' crash or fall. You are not overreacting; you are creating the official record.

    If you're at a business or a building, ask that an incident report be made — and ask how to get a copy. Don't be argued out of it.

  2. Say little, admit nothing

    'I'm sorry' becomes 'they admitted fault' in an insurer's file.

    Be polite and truthful, but don't speculate, apologize, or say 'I'm fine.' You don't know yet whether you're fine — adrenaline masks real injuries for hours or days.

    Give the police the facts. Let the investigation determine fault; that's its job, not yours.

  3. Photograph everything

    Your phone is the best investigator on the scene.

    Vehicles from multiple angles, the whole scene, skid marks, traffic signals, the hazard that dropped you — plus wide shots showing context. Photograph your visible injuries now and as they develop.

    In a fall case, photograph the exact spot before it can be cleaned, salted, or repaired. Property owners fix hazards fast once someone gets hurt — often within days.

  4. Get names — witnesses and everyone involved

    Witnesses evaporate within minutes. Numbers don't.

    Exchange license, registration, and insurance details with drivers. Get names and phone 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 overwritten within days to weeks — knowing it exists lets a lawyer send a preservation demand in time.

  5. See a doctor within 72 hours

    The 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' in every adjuster's playbook, and some injuries (concussions, internal injuries, disc damage) hide behind adrenaline.

    Describe every symptom, however small, and follow the treatment plan. In New York car-accident cases, no-fault benefits also have their own 30-day claim deadline — prompt care protects it.

  6. Report — carefully — to your own insurer

    Notify promptly. Narrate minimally.

    Your policy requires prompt notice, and in New York your no-fault benefits flow through your own carrier. Report the basic facts: when, where, vehicles involved.

    Decline to 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.

  7. Preserve the paper trail

    One folder — physical 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 simple daily note of pain and what you couldn't do that day. Missed shifts and lost income too.

    Stay off social media about the crash and your activities. Defense lawyers read it — a single gym selfie can cost more than a bad deposition.

  8. 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 doesn't commit you to anything — but it locks in deadlines (some as short as 90 days for claims against public entities), gets preservation letters out while footage still exists, and puts a value 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

  • Don't apologize or speculate

    “I'm sorry” and “I didn't see them” become admissions in an insurer's file — even when they're just politeness.

  • 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.

  • Don't sign anything early

    Releases are forever. Medical authorizations to the other side hand over your whole history, not just this injury.

  • Don't post about it

    Defense lawyers read social media. One smiling photo can outweigh a stack of medical records with a jury.

  • Don't wait to feel worse

    Adrenaline hides injuries for days. The treatment gap — not the pain — is what insurers price.

The pocket version

Screenshot this

  • 911 — police + medical, every time
  • Photos: vehicles, scene, hazard, injuries
  • Names & numbers: drivers and witnesses
  • Note nearby cameras before footage overwrites
  • Doctor within 72 hours — 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.

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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.

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