10 essential legal tips for navigating a car accident

Unveiling the complexities of post-accident procedures, this article distills expert legal advice into actionable steps. It demystifies the do’s and don’ts following a vehicle mishap, ensuring readers are equipped with knowledge to navigate the aftermath confidently. With contributions from seasoned legal professionals, the piece offers a roadmap to safeguarding one’s rights and interests.

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  • Never Admit Fault at Accident Scene
  • Use Your Phone to Document Everything
  • Collect and Preserve All Evidence
  • Document Everything to Protect Your Rights
  • Move to a Safe Location First
  • Secure Dashcam Footage Immediately
  • Document Everything Yourself
  • Stay at the Scene and Call Authorities
  • Call Police Immediately for Official Report
  • Avoid Posting About Accident on Social Media

Never Admit Fault at Accident Scene

As a personal injury lawyer for 30 years, the most important thing I can tell you is this: Never say sorry or admit fault at the scene of an accident, even if you think you might be at fault. In about 35% of the cases I’ve worked on, my first thoughts about who was at fault turned out to be wrong once all the information was in.

I helped a client last month who thought she was at fault in a rear-end accident. However, our research showed that the other driver’s brake lights were not working. If she had accepted fault at the accident scene, it could have significantly affected her $85,000 payout.

Right away, write down everything that happened. Use your phone to take pictures and videos of where the cars are, any damage, the road conditions, and any traffic lights. The first 15 minutes are significant. Out of the $100 million I’ve won for clients, payouts are usually 40% higher in cases where photo evidence is available immediately.

Mark Hirsch, Co-founder and Personal Injury Attorney, Templer & Hirsch

Use Your Phone to Document Everything

If you’ve been in a car crash, here’s what I’ve learned from helping clients in New York: your phone is your best tool at the scene. Snap pictures of everything—the vehicles’ positions, license plates, street signs, and any visible injuries. Grab the other driver’s insurance details, but skip the chit-chat about who’s to blame.

Here’s why this matters: insurance adjusters love picking apart fuzzy details. That dented bumper photo you take today could prove crucial months later when they claim the damage wasn’t accident-related. Write down everything you remember before the adrenaline wears off—what you saw, heard, even smelled. These notes become your personal evidence file.

Next up: Call your insurance company within 24 hours, but keep it brief. Stick to the facts: “Three-car collision on Main Street at 3 PM. Other driver’s info obtained. Police report pending.” Don’t get drawn into speculation—I’ve seen casual remarks like, “Maybe I tapped them first,” haunt clients weeks later.

Here’s what most people miss: go to urgent care that day, even if you feel fine. Tell the doctor every ache and twinge—that stiff neck could become a bulging disc diagnosis tomorrow. Those medical records create a paper trail showing how the crash affected you from day one. I’ve had clients lose thousands by waiting a week to get checked.

This approach helps level the playing field when dealing with insurance companies and sets you up to make informed decisions about next steps.

Jason Tenenbaum, Attorney – NY State, The Law Office of Jason Tenenbaum, P.C.

Collect and Preserve All Evidence

In short, collect and preserve evidence. Based on practical experience, we’ve compiled three key tips to keep in mind:

  1. Seek Medical Attention Immediately: Ensure all injuries are documented and treated, as this will be crucial for any claims or legal proceedings.
  2. Collect Evidence: Gather as much evidence as possible, including police reports, witness statements, and accident scene photos, to support your claim and establish liability.
  3. Consult a Personal Injury Lawyer: Seeking advice from an experienced attorney can help ensure that the facts of the accident are not misused or exaggerated, thereby preventing unfair allocation of liability. It can also protect you from insurance companies attempting to reduce compensation on unreasonable grounds.

Seann Malloy, Founder and Managing Partner, Malloy Law Offices, LLC

Document Everything to Protect Your Rights

One crucial legal tip for navigating a car accident is to document everything. This is the keystone of protecting your rights.

Ensure the safety of everyone involved and call emergency services. Start gathering information. Take photos of the accident scene, and make sure these photos are time-stamped or taken as soon as possible after the accident.

Exchange information with all parties involved. Note the weather, road conditions, and any other environmental factors that might have contributed to the accident.

Speak with the police officers on the scene. Do not admit fault, even if you feel partially responsible. The determination of fault is a complex legal decision that should be left to the professionals. Request a copy of the police report.

Seek medical attention, even if you feel fine. Keep a detailed record of all medical treatments, expenses, and time missed from work due to the accident.

Notify your insurance company about the accident as soon as possible. Avoid admitting fault. Insurance companies tend to minimize payouts, and any admission can jeopardize your claim.

Consult a personal injury attorney. They can also make the journey toward settlement or litigation more manageable. Document everything meticulously from the moment the accident occurs.

First, ensure the safety of everyone involved. Call emergency services if necessary, and start gathering information. Take photos of the accident scene, damages to all vehicles, and any visible injuries. Make sure these photos are time-stamped.

Exchange information with all parties involved and note the weather, road conditions, and any other environmental factors. These details are pivotal in establishing negligence.

Speak to the police and provide a factual account of what happened. Do not admit fault. Request a copy of the police report, as this document can significantly impact legal proceedings.

Seek medical attention. Some injuries may not manifest immediately, and having a medical record makes it harder for insurance companies to dispute the seriousness or cause of your injuries later on. Keep a detailed record of all medical treatments, expenses, and any time missed from work. Notify your insurance company as soon as possible. Do not admit fault.

Consult a personal injury lawyer. An experienced attorney provides invaluable guidance, negotiates with insurance companies on your behalf, and ensures your rights are fully protected.

Paul Greenberg, Managing Member, Briskman Briskman & Greenberg

Move to a Safe Location First

The first thing to do after a car accident is to move to a safe location, if possible, to avoid the risk of being struck by other vehicles. Once you’re out of harm’s way, call 911 to get medical help and ensure the police can investigate the crash. Make sure you take photographs and ask for the name, phone number, and address of any witnesses. When you are able to leave the scene (or the hospital if you received emergency medical care) contact a local reputable attorney with experience in car accident cases.

Following an accident, It is often the case that you will receive calls from headhunters offering to connect you with an attorney. This practice is both illegal and unethical, so it’s important to decline such offers. Instead, choose an attorney based on the recommendations of family and friends you trust. Once you’ve chosen an attorney, be sure to follow their advice and recommendations to ensure your rights are fully protected.

Chaile Allen, Attorney, The Law Firm of Chaile Allen

Secure Dashcam Footage Immediately

If you’re in a car accident and have a dashcam, secure it immediately. It’s your witness to what exactly transpired. Dashcam footage is usually admissible in court as long as it clearly shows the accident or events leading up to it, is unaltered, and verifiable as genuine evidence. Download the video before your dashcam’s loop recording deletes it. Store copies on your phone, cloud, or a USB. Share it with your lawyer or insurer and they’ll know what to do.

Alex Sarellas, Managing Partner & CEO, PAJ GPS

Document Everything Yourself

Legal Tip: Don’t rely solely on the police report—document everything yourself.

Immediate Action: Take photos, get witness contacts, and write down what happened while it’s fresh. Police reports can have errors or leave out details, and insurance companies don’t just accept them at face value. The more evidence you have, the harder it is for them to dispute your claim.

Adam Loewy, Owner, Loewy Law Firm

Stay at the Scene and Call Authorities

If you get involved in a car accident involving another vehicle, the first thing you have to do is stay at the scene of the accident and call the authorities immediately. It may sound like a no-brainer, but there is a very good reason for this. If fault is not immediately apparent and needs to be established through investigation, leaving the scene of the accident can get you in legal trouble.

Even if the accident is minor and in some cases, even if you’re sure you didn’t cause it, fleeing the scene will be considered “hit-and-run” and you can be slapped with charges for that. If the accident only caused property damage, leaving the scene can result in fines, license suspension, and even jail time. If the accident caused injury or death, fleeing the scene can lead to felony hit-and-run charges, carrying severe penalties, including years in prison.

Paul Koenigsberg, Personal Injury Lawyer, Koenigsberg & Associates

Call Police Immediately for Official Report

The first concern should be making sure everyone is okay. Immediately after ensuring everyone is okay, the most important legal step is to call the police immediately, even for minor accidents. This guarantees an official police report gets filed, which will be important evidence should it go to court. Calling the police lets them log details from the scene and get witness information.

Ramie Shalabi, Personal Injury and Workers’ Compensation Attorney, Dayson Shalabi Burkett Law Firm

Avoid Posting About Accident on Social Media

Social media is something you should be considerate of when it comes to navigating a car accident. It’s common for insurance companies and lawyers on the other side to dig into your social media profiles for anything that could be related to the accident you have had. Even things you think are private, like DMs or just regular updates, might harm your case, leading to lower compensation or even a total denial. You should never post about the accident, and be sure to keep communication through certain social media apps limited, that could relate back to it.

After you’ve been in an accident, the priority is to document everything and get on the phone with a lawyer before you even start speaking with the insurance people. This is important because you might say something that could later be twisted and used against you. Keep all important documents like medical reports, police records, and any witness information tightly secured and don’t give recorded statements to insurers unless your lawyer is right there with you.

Steven Rodemer, Owner and Attorney, Rodemer & Kane

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