Injured in a Crash? Your First 72 Hours
By Martin Halloran, Senior Partner
Nobody plans for a car accident, so nobody plans what to do afterwards. Yet the first three days after a crash often decide how an injury claim ends: evidence disappears, memories blur, and insurers move quickly to record statements and make early offers. Here is the advice I give every client, in the order it matters.
The insurer's first offer is rarely its best one. It arrives quickly because the company knows how little you yet know about your injuries, your lost earnings and the treatment you may still need. A fair settlement can wait until your doctor can tell you what recovery will really involve.
Start at the scene
Check whether anyone is hurt and call the police, even if the damage looks minor: a police report is the most neutral record of what happened. Photograph the vehicles, the road, any skid marks, the traffic signals and your own injuries. Exchange insurance details with the other driver, take the names and numbers of witnesses, and do not apologize or discuss who was at fault.
See a doctor within 24 hours, even if you feel fine. Adrenaline hides pain, and injuries to the neck, back and head often appear a day or two later. A medical record made soon after the crash links your injuries to the accident, which is the first thing an insurer will try to dispute.
Keep receipts for prescriptions, taxis and repairs, note every day of work you miss, and save every letter from the insurers.
Finally, be careful with the other driver's insurer. You are not required to give them a recorded statement, and anything you say can be used to reduce your claim. Do not sign a medical records release or accept a settlement before speaking to a lawyer. Most injury lawyers, ours included, offer a free consultation and work on contingency, so getting advice in the first few days costs you nothing and keeps every option open.
Comments 3
Wish I had read this a year ago. I gave the other driver’s insurer a recorded statement the day after my accident, and they quoted it back to me for months. Clear, practical advice.
ReplySame thing happened to my brother. He told the adjuster he was “fine” on the phone, and that one word followed him all the way to mediation.
ReplyDoes the 24-hour rule still count if you go to urgent care instead of your own doctor? I was seen at a walk-in clinic and wasn’t sure that counts as a medical record.
Reply