After a Car Accident
What Happens After a Car Accident?
The minutes, weeks, and months after a car accident follow a predictable pattern - police report, medical care, insurance claims, possibly a lawsuit. Knowing what happens next reduces panic and helps you avoid the mistakes that ruin good cases. Here is the timeline, step by step, with what to do at each stage.
The Short Answer
First hour: get medical care, photograph everything, exchange info, call police, do not admit fault. First week: report to your insurer (not the other driver's), see a doctor, save all paperwork. First month: consider hiring a personal-injury lawyer, do not give recorded statements to the other carrier, document missed work and expenses. Months 2-12: medical treatment continues, lawyer builds the case, settlement negotiation. Months 12-36: possible lawsuit if no settlement.
How we wrote this: Our editorial team reviewed published rates, court rules, statutes, peer publications, and our own data from working with vetted firms. We do not accept payment for placement, and we do not write sponsored content. More on our methodology →
First hour - the scene
Check for injuries. If anyone is hurt, call 911 immediately. Don't move injured people unless there's an immediate safety threat (fire, traffic).
Move vehicles out of traffic if safe. Many states require moving disabled vehicles off the roadway when possible. If serious injury is suspected or vehicles are inoperable, leave them and use hazard lights.
Call the police. In most jurisdictions, accidents with injuries or property damage above a small threshold ($500-$1,500) require a police report. Even when not legally required, the police report is your single most useful document later.
Exchange information with the other driver: name, address, phone, driver's license number, insurance company and policy number, vehicle make/model/year/license plate.
Photograph everything: vehicles from multiple angles, damage close-ups, license plates, the scene, road conditions, traffic signs, debris, your injuries, the other driver's documents.
Identify witnesses. Get their names and phone numbers. Independent witnesses (not your passengers, not the other party) are gold and they leave fast.
Don't admit fault. Don't apologize. Don't speculate about cause. Stick to facts.
Don't refuse medical care if EMTs offer it. Adrenaline masks injuries; a refusal at the scene is hard to explain later.
First 24-72 hours - aftermath
See a doctor. Even if you feel okay. Soft-tissue injuries, concussions, and joint injuries can take 24-72 hours to manifest. The medical record from the day of (or within 72 hours of) the accident is critical evidence later.
Notify your insurance company. Most policies require prompt notification - typically within 30 days but sometimes shorter. Just report the accident; don't speculate about fault or value.
Document everything you remember. Write down what happened while it's fresh - speed, direction, road conditions, what you saw, what you said.
Save all paperwork: tow receipts, ER bills, prescriptions, body shop estimates, rental car receipts.
Do NOT give a recorded statement to the OTHER driver's insurer. They'll call within 48 hours. Politely decline. "I'd prefer not to give a statement at this time. Please contact my insurance company."
Do not post on social media. Defense lawyers screenshot Instagram for a living.
Get the police report number. Most reports are available 3-10 days after the accident.
First week - claims and care
Follow the medical plan. Go to every appointment. Take prescribed medications. Get the imaging your doctor recommends.
Keep a symptom journal. Brief daily notes - what hurt, what you couldn't do, how the day went.
Get your vehicle inspected. Either by your insurer or by a body shop. Document all damage in writing.
Decide whether to file with your insurance or the other driver's. PIP (personal injury protection) and med-pay through your own carrier may be faster than waiting for the other carrier to accept liability.
Save every receipt. Doctor copays, prescriptions, mileage to medical appointments, durable medical equipment, modifications to your home if needed.
If you missed work, document it. Pay stubs, employer letters, time cards.
Send a preservation letter to the other party (or have a lawyer do it). The letter requires the other side to preserve evidence including dash-cam footage, ECU/black-box data, and maintenance records.
Consider hiring a personal-injury lawyer. Free consultation; they'll tell you whether the case warrants representation.
Weeks 2-12 - medical treatment
Continue medical treatment until you reach maximum medical improvement (MMI) - the point where your condition has stabilized.
Most soft-tissue injuries resolve in 6-12 weeks with consistent treatment. Surgery cases take 6-18 months to MMI.
Don't skip appointments. Gaps in treatment look like "the injury wasn't serious" to insurance adjusters.
Don't return to work before your doctor clears you. Going back early - even partially - is used by carriers to argue the injury was minor.
If you're under 50% recovered, you're not at MMI. Don't accept a settlement.
Keep your lawyer updated on medical progress, work status, and any new symptoms.
If symptoms get worse rather than better, tell your doctor immediately. Document everything.
If your doctor says you've reached MMI but you don't feel right, get a second opinion. MMI is medical opinion - and opinions can differ.
Months 4-12 - demand and negotiation
Once MMI is reached, your lawyer compiles the demand package: medical records, bills, lost-wage documentation, pain-and-suffering narrative, sometimes expert reports.
The demand letter goes to the carrier with a specific dollar amount and reasoning.
Carrier responds within 30-60 days. The first response is almost always lower than the demand. Negotiation begins.
Multiple rounds typical. 3-6 months of back-and-forth is normal for moderate cases.
Most cases settle in this phase. A typical timeline: MMI at month 6, demand at month 8, settlement at months 10-14.
If the carrier won't engage seriously, your lawyer files suit. Filing typically prompts a more serious response.
Months 12-36 - lawsuit (if needed)
Lawsuit filing. The complaint is filed in state court (or federal if diversity jurisdiction applies).
Service of process. The defendant must be formally served, typically within 60-120 days of filing.
Defendant's answer. 21-30 days after service.
Discovery. Interrogatories, document production, depositions. 6-12 months for typical cases.
Mediation. Most courts require mediation before trial. Many cases settle here.
Pretrial motions. Summary judgment, motions in limine, evidentiary disputes. Add 2-6 months.
Trial. Typically 1-5 days for car-accident cases. Jury or bench trial depending on case.
Post-trial motions and appeals add 6-24 months if pursued.
Most cases settle before trial. Filing often produces the breakthrough that pre-suit negotiation couldn't.
Settlement and closing
Settlement reached. The lawyer and the carrier agree on a number. The release is drafted.
Read the release carefully. It typically waives all claims arising from the accident - past, present, and future. Once signed, the case is over forever.
Lien negotiation. Health insurance, ERISA plans, hospitals, Medicare, Medicaid all may have liens against the settlement. Your lawyer negotiates them down - often by 30-70%.
Final accounting. Your lawyer provides a written breakdown: gross settlement, attorney fee, case costs, lien repayments, net to client.
Settlement check. Typically issued 2-4 weeks after the release is signed.
Disbursement. Your lawyer holds the check in trust, pays liens and costs, then disburses the net amount to you.
Tax treatment. Most personal-injury settlements are not taxable for physical injury components. Pain and suffering, medical expenses, and lost wages from physical injury are all generally tax-free. Punitive damages and interest are taxable. Talk to a tax advisor.
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Frequently asked questions
Should I call my insurance or the other driver's first?
Call your own first. Your carrier coordinates the claim and may pay PIP/med-pay benefits faster than waiting for the other carrier to accept liability.
What if the other driver doesn't have insurance?
Your uninsured/underinsured motorist (UM/UIM) coverage on your own policy applies. Recovery shifts to your own carrier - and your own carrier becomes adversarial. Many people are surprised how aggressive their own insurer becomes.
How long do I have to file a claim?
Statutes of limitations vary by state - typically 1-6 years from the accident. Most states are 2 or 3 years. Government claims (city bus, police car, government vehicle) often have 60-180 day notice requirements.
Should I sign a release if the carrier offers a quick settlement?
Almost never. Quick settlements are typically far below case value. Don't sign anything without legal review. The release is final.
How long does the average car accident case take?
Simple cases: 6-12 months. Cases with surgery or contested liability: 18-36 months. Cases that go to trial: 24-48+ months.
Can I switch lawyers mid-case?
Yes. The fee gets sorted between firms; you don't pay extra. If communication breaks down, switch.
Related reading
One last thing. This article is general information, not legal advice. Every situation is different. The free consultation is the right next step. — The LawFirmSquare team