October 5th, 2025 |

• Personal Injury

By Attorney Mike Bertling

Reading Time: 4 minutes

So, you are involved in an automobile accident. What should you do?

What you do immediately after an accident can affect your ability to receive compensation. While it may be unfortunate that an individual involved in an accident must take immediate steps to protect their ability to receive compensation, this is the world we live in. An insurance company will use every means at its disposal to deny full compensation.

Obviously, if an accident results in severe, incapacitating injuries, there will be little opportunity to do anything other than get immediate care. However, for the majority of accidents that cause injury, measures can be taken.

Safety First

First, find out if anyone in your vehicle has suffered an injury. Make certain that you carefully consider how you feel. Before exiting the vehicle, consider each area of your body to see if there is any pain. If you experience pain, you may want to consider staying in the vehicle if possible.

The accident should be reported to law enforcement. Someone should call 911. Failing to report an accident could be used by an insurance company to claim that there were no injuries. If any individual involved in an accident experiences pain, the accident should be reported.

The parties involved in an accident should stay apart until law enforcement arrives. This is not to suggest that if the party has an obvious need for aid, it should be withheld. However, approaching another party can be hazardous. The other party may be upset and aggressive. The last thing a person wants is to get into an altercation.

Document the Accident

If law enforcement arrives, they will obtain the relevant identification information and insurance information. While they are doing that, photographs of the vehicles involved, as well as each license plate, should be taken. Make certain that photographs of all of the damage are obtained. Take photographs of the damage from different angles.

Photographs should also be taken of the accident scene. Include any traffic signs or signals. Take photographs of where the cars ended up. Take photographs of any skid marks.

Do not be reluctant to notify law enforcement of injuries. Many people do not want to complain of pain when initially questioned by law enforcement. Get past that reluctance and report the pain. If not, law enforcement will note in their report that there were no injuries. An insurance company will use that notation to its benefit.

Seek Medical Care

Law enforcement will ask whether a party needs an ambulance. Many people are reluctant to ask for an ambulance even if they need one. Use your best judgment. Getting quick and competent care is the most important thing. If there is any question as to whether a person needs an ambulance, an ambulance probably should be called.

If an individual experiences pain and does not ask for an ambulance, they should go to Urgent Care or an Emergency Room as soon as possible. One of the most crucial aspects of an automobile accident claim is the documentation of injuries. The more time that goes by before a party seeks medical attention, the more likely it is that the insurance company will deny compensation.

When seeing a doctor, it is important to identify each area of pain clearly. Before speaking with a healthcare provider, consider your symptoms. Where are they? Do they vary in intensity? On a scale from 1-10, where would they rate? Do movements increase the pain? Does the pain restrict any movement? Does it prevent normal activities?

Think About Insurance and Legal Representation

The injured person’s insurance company should be notified. Even though the other party may have caused the accident, your insurance company should be notified. Your insurance probably provides medical payment coverage for injuries. Insurance may also offer collision coverage for property damage. If the accident is the other party’s fault, notifying your own insurance should not affect your premiums.

If the information is available, the responsible party’s insurance should be contacted. This contact should only involve notification of the accident and your identification information. If the other insurance company seeks a statement, politely decline. If the insurance company requests a detailed description of the injuries, inform them that you are still undergoing treatment, if that is accurate. Try to avoid situations where it can be argued that you were giving a detailed and complete itemization of all injuries.

When communicating with the responsible party’s insurance, do not hesitate to terminate any communication. If it is felt that the insurance company is asking for too much information or getting pushy, err on the side of terminating the contact.

An insurance company may wish to obtain a recorded statement. Typically, the statement will be taken over the telephone. It is not a good idea to give a statement. However, when making a claim with your own insurance company for medical payment coverage, you may be required to provide a statement. If it is your own insurance company, that statement probably will not be used against you.

Make certain that you follow all of the healthcare provider’s recommendations for treatment. Think about your current condition before each visit. Describe your current condition honestly and completely.

When visiting a healthcare provider for accident injuries, make certain they have your health insurance information. Tell them you want your health insurance billed. Some health care providers will tell you that they want to bill the other party’s insurance. Some will tell you they want to bill your automobile insurance for its medical payment coverage. Be firm in insisting that they bill your health insurance. If there are any copays or deductibles with your health insurance, those expenses should then be turned into to your automobile insurance medical payment coverage.

Consulting an attorney is the best way to go. Studies have shown that an attorney can recover 3-5 times more than the initial offer. An attorney will take a percentage of the recovery. However, the increased compensation will more than make up for that. Also, engaging an attorney will allow you to concentrate on getting better rather than having to concern yourself with all the requirements of putting together a claim. That is what attorneys are for.