What to Do After a Car Accident

October 2, 2025 | By Queller, Fisher, Washor, Fuchs & Kool
What to Do After a Car Accident

You are finally home. The chaos of the crash scene and the stark, sterile environment of the emergency room are behind you, but the real journey is just beginning.

The adrenaline that masked your pain is wearing off, replaced by a deep ache in your body and a growing sense of anxiety about the future. Your mind is racing with questions about your health, your bills, and your ability to work.

The steps you take in these first few days and weeks are foundational. Knowing what to do after a car accident during this period will protect both your physical well-being and your right to fair compensation for the harm you have suffered.

This guide focuses on the critical steps to take in the days and weeks after the crash. From managing your medical care to documenting your experience and dealing with insurance companies, your actions now will set the stage for your recovery.

We will outline a clear path forward, helping you make informed decisions during this difficult time.

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Key Takeaways About Car Accidents

  • Prioritize Medical Care: See a doctor immediately after an accident and follow their treatment plan precisely. Prompt medical care documents a direct link between the crash and your injuries.
  • Document Your Experience: Keep a daily journal detailing your pain, limitations, and emotional state. Maintain a single file for all crash-related documents, including medical bills, receipts, and proof of lost income.
  • Decline to Give a Recorded Statement: You are not required to provide a recorded statement to the at-fault driver’s insurance company. Politely refuse this request to protect your claim.
  • Refer Adjusters to Your Lawyer: The at-fault driver's insurance adjuster is not on your side. When they call, politely decline to give a recorded statement, never downplay your injuries by saying "I'm fine," and refer them to your car accident attorney.

The First Priority: Your Health After a Car Accident

Your most important job after getting home is to focus on your physical recovery. The records of your medical treatment will also become the primary evidence in any future personal injury claim, so every step is significant.

Follow-up with a doctor, no matter how you feel

Even if you were seen in the ER, you must schedule a follow-up appointment with your primary care physician or a specialist. Many serious injuries are not immediately apparent after a crash.

  • Adrenaline Masks Pain: The shock of an accident causes your body to release adrenaline, which can temporarily hide the severity of an injury. Pain from whiplash, soft tissue damage, or even a concussion can take hours or days to fully emerge.
  • Delayed-Onset Injuries: Conditions like traumatic brain injuries (TBIs), herniated discs, and internal bleeding may not present symptoms right away. A thorough examination by a doctor who knows your medical history is vital.
  • Starting a Paper Trail: Seeking prompt medical attention creates an official record that links your injuries directly to the accident. Any significant delay gives the insurance company an opening to argue that your injuries were caused by something else.

Adhere to your treatment plan

Your doctor may recommend a course of action, including physical therapy, follow-up visits with specialists, diagnostic imaging like MRIs, or specific medications. Following this plan precisely is non-negotiable.

  1. Attend All Appointments: Do not miss scheduled sessions for physical therapy, chiropractic care, or specialist consultations.
  2. Fill All Prescriptions: Get your prescribed medications and take them as directed. Keep the receipts.
  3. Heed Medical Advice: You must listen if your doctor advises you to stay out of work or avoid certain physical activities. Failing to do so can worsen your injury and damage your claim.

Insurance adjusters look for what they call "gaps in treatment." A gap is when you stopped going to the doctor or did not follow the prescribed plan. They will use these gaps to argue that your injuries must not have been serious, otherwise you would have continued your treatment.

Your Next Steps: Documenting Life After a Car Accident

While focusing on healing, you must also become a diligent record-keeper. The more detailed your documentation, the stronger your position will be when seeking compensation.

Create a pain and recovery journal

Collision between two cars in night

This is a simple but powerful tool. Get a notebook and, every day, write down how you are feeling. This personal account can be incredibly valuable for showing the real-world impact of your injuries.

  • Pain Levels: On a scale of 1 to 10, rate the pain in different parts of your body.
  • Physical Limitations: Note the everyday activities you can no longer do or that are now difficult. Can you lift a grocery bag? Can you sit at a desk for more than ten minutes? Can you play with your children?
  • Emotional State: Document feelings of anxiety, sleeplessness, depression, or frustration that have appeared since the accident.
  • Medication Side Effects: Keep track of any issues you experience from your prescribed medications.

Keep everything in one place, whether it is a physical folder or a digital one on your computer. This file is the backbone of your claim.

  • The Police report: Obtain a copy of the official accident report. In New York City, you can request it from the specific NYPD precinct that responded. For accidents elsewhere in the state, you can often request it online through the NYS Department of Motor Vehicles.
  • Medical records and bills: Every bill from a hospital, doctor, physical therapist, or pharmacy goes in the file. Also, keep track of all appointment dates and the names of the providers you see.
  • Proof of lost wages: Ask your employer for a letter that details your job title, your rate of pay, and the exact dates and hours you have missed from work due to your injuries. Keep copies of your pay stubs.
  • Receipts for out-of-pocket expenses: This includes anything you had to pay for because of the accident, such as transportation to doctor’s appointments, prescription costs, or the cost of a rental car.

Handling the Inevitable Call from the Insurance Adjuster

Within days of the accident, you will receive a phone call from an insurance adjuster for the at-fault driver. Their job is to resolve your claim for the lowest possible amount of money. They are not on your side. How you handle this conversation is critical.

What to say, and what not to say

.Man using phone to calling insurance agent for claim process after car crash

The adjuster is trained to ask questions that can get you to say things that will hurt your claim later.

  1. Provide only basic information: You can confirm your full name, address, and the date and location of the accident. That is all.
  2. Do not discuss your injuries: When asked how you are feeling, a simple "I'm receiving medical treatment for my injuries" is enough. Never say "I'm fine" or "I'm okay," even if you think you are. That phrase will be used against you if your condition worsens.
  3. Do not give a recorded statement: Adjusters will often ask to record your conversation. You have no legal obligation to agree to this. Politely decline. They use recorded statements to lock you into a story before you know the full extent of your injuries.
  4. Do not admit any fault: Do not apologize or say anything that could be interpreted as you taking responsibility for the accident, like "I should have seen them" or "I was in a hurry."
  5. Do not sign anything: The adjuster may send you forms, particularly a medical authorization that gives them blanket access to your entire medical history. Do not sign it. They are looking for pre-existing conditions they can use to deny your claim.

Common Mistakes That Can Harm Your Car Accident Claim

In the weeks following a crash, certain actions can unintentionally sabotage your ability to get fair compensation.

The dangers of social media after an accident

Assume that the insurance company is watching your online activity. Posting pictures or updates can be devastating to your case.

  • A Misleading Picture: A photo of you smiling at a family barbecue can be used to argue that your pain and suffering are exaggerated, even if you were in agony and left after ten minutes.
  • Innocent Comments: A comment like "Had a great day out!" can be twisted to mean you are fully recovered.
  • Actions of Friends: Even what your friends tag you in can be scrutinized.

The best policy is to stop posting on all social media platforms until your claim is resolved.

Waiting too long to take action

Evidence disappears, witness memories fade, and legal deadlines approach. New York has a time limit, known as the statute of limitations, for filing a personal injury lawsuit.

For most car accidents, New York law gives you three years from the date of the crash to file a lawsuit. While that sounds like a long time, building a strong case takes time. Waiting until the last minute can make it impossible to gather the evidence you need.

Frequently Asked Questions for the Weeks After a Crash

Should I use my own health insurance to pay for my medical bills?

Yes, absolutely. In New York, which is a "no-fault" state, your own car insurance policy's Personal Injury Protection (PIP) coverage is the primary source for paying initial medical bills and lost wages, up to the policy limit. If your expenses exceed your PIP coverage, you should then use your personal health insurance. You can then seek reimbursement for your deductibles and copays from the at-fault driver’s insurance through a personal injury claim.

The other driver's insurance company offered me a quick settlement. Should I accept it?

No. A quick settlement offer is almost always a lowball offer. The insurance company is hoping you will take the fast cash before you know the true cost of your injuries, including the potential need for future surgeries, long-term care, or the full extent of your lost income. Once you accept a settlement and sign a release, you can never ask for more money for that accident again.

How do I get a copy of the official police report for my accident?

You can typically request it from the police precinct that responded to the scene. For many accidents in New York State, you can also order the report online through the New York State Department of Motor Vehicles website, provided you have information like the date of the crash and the driver's license number of one of the parties involved.

What if the other driver was uninsured or fled the scene?

You may still have options for compensation. You can file a claim through your own insurance policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage. This is coverage you pay for to protect yourself in exactly these situations. The process involves dealing with your own insurance company, which can still be an adversarial process.

What if I was a passenger in the accident? Who pays for my injuries?

As a passenger, you generally have several options. You can file a claim under the no-fault Personal Injury Protection (PIP) coverage of the vehicle you were in. You may also be able to file a claim against the insurance policies of any at-fault drivers involved in the crash, including the driver of the car you were in.

When is the right time to contact a car accident lawyer?

Contact a lawyer immediately. An attorney can immediately handle calls from insurance adjusters, preserve critical evidence, and ensure you do not make mistakes that could weaken your claim. A lawyer protects your rights and allows you to focus solely on your medical recovery.

From Injury to Action: Building Your Foundation for Recovery

The days and weeks after a car accident are a time for healing, but they are also a time for careful action. Every doctor's visit you attend, every receipt you save, and every cautious conversation you have with an insurer helps build the foundation of your claim.

Dallin M. Fuchs - Personal Injury Attorney
Dallin M. Fuchs - Car Accident Lawyer

These methodical steps help you take control of your future and preserve your ability to secure the resources needed to fully recover. You do not have to manage this process alone.

At Queller Fisher, our purpose is to lift the legal burden from your shoulders so you can concentrate on what matters most: getting better. Our attorneys have been the voice for injured New Yorkers for over 60 years, fighting to ensure they receive the justice and compensation they deserve.

We serve clients in Brooklyn, Queens, the Bronx, and across the New York City metro area, as well as in Westchester, Nassau, and Suffolk counties. Let us handle the complexities of the legal process for you.

For a free, no-obligation consultation to discuss your case, contact the team at Queller Fisher today at (212) 406-1700.

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