What to Do in the First Week After a Car Accident

What you do in the first week after a car accident shapes the claim more than anything a lawyer does afterward. Evidence is freshest in the first 48 hours, medical records created in the first few days carry the most weight, and the insurance deadlines that bite hardest, such as New York’s 30-day no-fault application, start running immediately. Here is the sequence that protects you, from the roadside through day seven, with the rules that apply in Virginia, Washington, DC, and New York.

At the scene: report, record, and say less

Call the police, even for a crash that looks minor, and ask for the report number before you leave. Virginia, DC, and New York each require crashes involving injury to be reported, and the officer’s report is the first document every adjuster reads. Exchange names, license numbers, plate numbers, and insurance details with the other driver, but do not discuss fault. In Virginia and DC, where contributory negligence can bar recovery if you share any fault, an apology at the scene can be quoted back as an admission.

Photograph everything while you are still there: all vehicles from several angles, skid marks, debris, the traffic signal or sign, the weather, and your own visible injuries. Get the names and phone numbers of witnesses, because they rarely stay for the police. If a business or home overlooks the intersection, note it; cameras overwrite footage quickly.

Days one to three: get examined and start the file

See a doctor within a day or two even if you feel fine. Adrenaline masks pain, and neck, back, and concussion symptoms often surface after 24 to 72 hours. Describe every symptom, including the minor ones, so the record is complete from the first visit. Insurers read a delay in treatment as proof that the injury was minor or unrelated.

Start a folder the same day: the police report number, photos, the other driver’s details, discharge papers, and a daily note about pain and what you could not do. Our car, truck, and motorcycle accident team builds claims from this folder, and clients who keep one from day one consistently have stronger cases than those who reconstruct it later.

Notify your own insurer, and know what the deadlines are

Report the crash to your own insurance company promptly. Your policy requires cooperation, and your own coverage may pay for some of your losses regardless of fault: medical payments coverage in Virginia and DC, personal injury protection in New York, collision coverage for the car, and uninsured or underinsured motorist coverage if the other driver has too little insurance.

• New York: the no-fault application for benefits is generally due within 30 days of the accident, and a crash with injury or more than minor property damage must be reported to the DMV on form MV-104 within 10 days.
• Virginia and DC: notify your insurer as soon as practical; policies typically require prompt notice and an uninsured motorist claim for a hit-and-run usually requires a prompt police report.
• All three: if a government vehicle was involved, separate notice deadlines measured in months apply.

Stick to facts in the report. You know what happened; you do not yet know the full extent of your injuries, so do not minimize them.

When the other driver’s insurer calls

Expect a call within days. The adjuster will be courteous and will ask for a recorded statement, a medical authorization, and sometimes offer a quick payment. You are not required to give a statement to the other driver’s insurer, and you should not until you have advice. Questions about speed, distraction, and what you might have done differently are aimed at building a shared-fault argument. Do not sign a blanket medical authorization; it opens your entire history to search for prior complaints. Do not accept a quick settlement, because the release that comes with it ends the claim before your injuries are known. Our post on common mistakes that weaken a personal injury claim explains each of these traps.

Preserve the vehicle and the data

Do not authorize repairs or allow the car to be scrapped until it has been photographed thoroughly and, in a serious crash, inspected. Modern vehicles store event data such as speed and braking in the seconds before impact, and that data can be lost when the car is repaired or sold. If the other vehicle was a commercial truck, a preservation letter should go out within the first week, because driver logs and electronic data have short retention periods. Save your own dashcam footage and phone data; if your phone shows no activity at the time of the crash, that is evidence in your favor.

Day seven: decide how the claim will be handled

By the end of the first week you should have the police report, a first medical visit, a notice on file with your insurer, and a folder of evidence. That is the point to decide whether to handle the claim yourself or get representation. A minor property damage claim with no injuries can usually be handled directly. A claim with any injury, any dispute about fault, a commercial vehicle, or an uninsured driver is one where the insurer’s early moves are designed to reduce what it pays, and where advice early is worth far more than advice late. Our post on how a car accident insurance claim works describes what happens next, and the personal injury overview explains how we approach the case from here.

If you are inside that first week now, a consultation with Capitol Law Partners can tell you which steps still matter and which deadlines are closest. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Sena Sahin. Clear advice for individuals, families, and business owners.

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