Ten steps, in order, for the moments when it is hard to think clearly.
Nobody thinks clearly right after a crash. Adrenaline is running, your ears are ringing, and someone is probably talking to you.
This is the list. Work down it as far as you are able to, and do not worry about the steps you could not manage.
1. Check for injuries and call 911
Check yourself first, then anyone with you, then the other vehicle if you can safely get to it.
Call 911 even if the damage looks minor. A police report creates an official record of what happened, and without one you are relying on two drivers’ memories and whatever the insurance companies decide to believe.
2. Get to safety, but photograph first if you can
If the vehicles are drivable and traffic is a hazard, move them. On the Beltway or I-66 this is a genuine safety issue and it comes before documentation.
If you can take even a few photographs before moving anything, do it. Final resting positions tell a story that repair estimates cannot.
3. Say as little as possible about fault
This is the most important thing on the list and the easiest to get wrong.
Do not apologize. Do not explain what you were doing. Do not speculate about what you could have done differently. Virginia, Maryland, and DC follow contributory negligence, which means that if the insurance company can show you were even slightly responsible, your claim can be barred completely.
One reflexive sentence at the scene can become the entire argument against you months later.
Also do not say you are fine. You have adrenaline in your system and you do not yet know whether you are fine.
4. Photograph everything
More than you think you need:
Damage to both vehicles, wide shots and close ups
License plates and the position of the vehicles
The road, lane markings, traffic signals and any signage
Skid marks and debris on the ground
Weather, lighting and visibility conditions
Any visible injuries, then again over the following days as bruising develops
The other driver’s license, registration and insurance card
Photos of the surroundings matter as much as photos of the cars. An obstructed sign or a missing lane marking can turn out to be central.
5. Exchange information
Name, phone number, address, insurance company and policy number, driver’s license number, and license plate.
If the other driver is working, note the employer. A crash caused by someone on the job may involve a commercial policy, which changes what coverage is available.
6. Find witnesses before they leave
Witnesses disappear in minutes and become nearly impossible to find afterward.
Ask anyone who saw it for a name and phone number. It takes thirty seconds and it is frequently the difference in a disputed liability case. Note nearby businesses too, since their cameras may have caught it and that footage is often recorded over within about thirty days.
7. Get evaluated by a doctor
Within a day or two, even if you feel alright.
Neck injuries, back injuries and concussions commonly do not present until the swelling sets in. Beyond your health, a gap between the crash and your first visit hands the insurance company an argument that your injury came from something else.
If cost is the barrier, say so out loud to whoever you call. It is a solvable problem and it should not be the reason you go untreated.
8. Report it to your own insurance company
Most policies require prompt notice, and reporting to your own insurer is different from giving a statement to the other driver’s.
Keep it factual. Where, when, who was involved. You do not need to analyze fault for them either.
9. Start a file and keep everything
One folder, physical or digital:
The police report and the report number
Every medical bill, discharge instruction and prescription receipt
Documentation of missed work and lost pay
Repair estimates and rental car receipts
A short daily note on pain levels and what you could not do that day
Every letter, email and voicemail from any insurance company
The daily notes feel excessive at the time and are extremely useful six months later, when nobody can remember which week the headaches were at their worst.
10. Talk to a lawyer before the adjuster calls back
The other driver’s adjuster will usually make contact within a day or two, and they will ask for a recorded statement. You are not required to give one.
A free consultation costs nothing and does not commit you to anything. Even if you decide to handle the claim yourself, you will handle it with better information.
Special situations
A few that come up constantly.
Hit and run. Report it to the police immediately and to your own insurer. Your uninsured motorist coverage may apply. Photograph everything and look for cameras in the area quickly.
You were a passenger. You can bring a claim regardless of which driver was responsible, including when the driver was a friend or family member. The claim is against an insurance policy, not against the person.
Uber or Lyft. Rideshare companies carry substantial coverage that applies depending on what stage the trip was in. Screenshot the trip details in the app before anything changes.
No police came. It happens, especially in parking lots and minor collisions. Document heavily yourself, and file a report afterward if your jurisdiction allows it.
You feel fine. Wait a few days before deciding that. Delayed symptoms are the norm, not the exception.
If you have already made some of these mistakes
Most people do. They say they are fine, they wait a week to see a doctor, or they answer the adjuster’s questions honestly because they have nothing to hide.
None of that necessarily ends your claim. It just means the situation needs to be dealt with deliberately rather than ignored, and the sooner that starts the better.
At Paragon Law Firm, consultations are free, and you talk to an attorney. If we take your case, you owe nothing unless we recover money for you.
We represent injured people in Virginia, Maryland, and Washington DC.
Paragon Law Firm
8233 Old Courthouse Rd, Tysons, VA
Call for a free and confidential consultation.
