The Personal Injury Claims Process: From First Call to Settlement or Trial
April 15, 2026
Being involved in a car crash is a terrifying experience. In the seconds following an impact, the shock and rush of adrenaline can make it difficult to think clearly. However, the actions you take in the immediate aftermath of a collision are absolutely critical.
Insurance companies are exceptionally quick to act after a crash, often looking for ways to minimize your payout or deny your claim altogether. This car accident checklist will help protect your interests and put you on the road to recovery. Let’s start with the first step.
Check Yourself and Passengers for Injuries, Then Call 911
Before you worry about vehicle damage or insurance details, remember that your top priority is the safety of you and your passengers.
- Stay calm and check yourself for injuries: Take a moment to assess your body for bleeding or sharp pain, and to make sure you can move your limbs. If you’re severely injured, don’t try to move. Wait for emergency medical personnel to arrive.
- Check your passengers: If you’re able to move safely, check on the other people in your vehicle.
- Call 911 immediately: Even if you think the crash is minor and everyone feels fine, you must call 911. Request an ambulance if anyone is complaining of pain, dizziness, or is visibly bleeding.
Remember, adrenaline acts as a powerful natural painkiller. You may have sustained severe injuries without realizing it immediately. Proceed slowly until you can fully assess the situation.
Move to Safety and Secure the Scene
The next step is to address any safety risks at the accident scene.
One common question about what to do at the scene of a car accident is “What do I do with my vehicle?” The answer depends on the severity of the crash and the safety of your surroundings.
If the vehicle is drivable and you’re in danger, for example, if your car is blocking high-speed traffic, move your vehicle to the shoulder, a nearby parking lot, or an emergency lane — if it’s safe and possible to do so. Leaving a car in the middle of a busy highway can lead to devastating secondary collisions.
If the vehicle is disabled or injuries are severe, leave it exactly where it is. Turn on your hazard lights immediately. If you have warning triangles or road flares, set them up a safe distance behind your vehicle to alert oncoming traffic.
Get to a safe vantage point: If it’s unsafe to remain inside your vehicle (for example, if you smell leaking fuel or are stopped in a blind curve), carefully exit the vehicle and move to a safe location, such as behind a guardrail.
Call the Police and Get an Accident Report
If you called 911 for an ambulance in the first step, police likely arrived on-site as well. If not, call the police because you will need an accident report. Having an official police record is one of the most important ways to protect a car accident injury claim.
When the police arrive:
- Stick to the facts: Tell the officer exactly what happened to the best of your memory. Don’t guess and don’t exaggerate.
- Do not admit fault: Even if you think you might have been partially to blame, never say “I’m sorry” or “I wasn’t paying attention.” Fault is a complex legal determination that takes into account many factors you may not be aware of.
- Take the officer’s information: Ask the investigating officer for their contact information and how and when you can obtain a copy of the police report.
Exchange Information and Gather Evidence
One of the most critical steps after an auto accident is exchanging information with the other party or parties. Collect the following from all other drivers involved:
- Full names
- Contact information (phone number and address)
- Driver’s license number
- Insurance company name and policy number
- License plate number or numbers
- Make, model, year, and color of the other vehicle or vehicles
Another important part of this step is gathering evidence. Skid marks wash away, glass gets swept up, and memories fade. Here’s how to properly document the site:
- Use your smartphone to take photographs and record video of the accident scene.
- Identify witnesses and note their names and contact information.
- Write down (or use the voice memos app on your phone) to record what happened before, during, and after the crash, while it’s fresh in your mind.
Get Medical Attention as Soon as Possible
As soon as you can, seek medical attention. If you didn’t leave the scene in an ambulance, go to an emergency room, an urgent care clinic, or your regular doctor as soon as you can.
Prompt medical attention helps ensure you are OK. Some serious injuries may not show symptoms for hours or days later. It’s also important for protecting any legal claim you may have. To secure compensation, you must prove that the car accident directly caused your injuries. If you wait a week to see a doctor, an insurance adjuster will argue that your injuries aren’t serious or that they were caused by an event after the car accident.
Contact Your Insurance Company
You have an obligation to report car accidents to your auto insurance company within a reasonable timeframe. However, you should tread carefully in conversations with insurance adjusters.
When speaking to your own insurance company, provide only the basic facts: the time, date, location of the accident, and the names of the involved parties. If they ask about your injuries, it is perfectly acceptable to say, “I am currently seeking medical evaluation and don’t know the full extent of my injuries yet.”
If the at-fault driver’s insurance company contacts you, do not speak with them. Politely decline to answer their questions and inform them that your attorney will be in touch. Their adjusters are trained professionals whose sole job is to protect their bottom line. They may ask questions that trick you into downplaying your injuries or admitting partial fault.
Mistakes to Avoid After a Car Accident
Knowing what not to do is just as important as knowing what to do. Avoid these common pitfalls that can severely damage your personal injury case:
- Admitting fault or apologizing: As discussed, apologies can be twisted into admissions of legal guilt.
- Posting on social media: Insurance adjusters will monitor your Facebook, Instagram, and X (Twitter) accounts. Do not post photos of the accident, rants about the other driver, or updates about your physical condition. Even a seemingly innocent photo of you smiling with family post-accident can be used to argue that you are not that injured.
- Accepting a quick settlement: The at-fault party’s insurance may offer you a fast check to settle the claim before you even know the extent of your medical bills or lost wages. Once you sign a release and accept that check, you cannot go back for more money, even if you require surgery months later.
- Signing any documents without legal review: Never sign a medical authorization form or a settlement release from the opposing insurance company without consulting an attorney.
When to Call a Car Accident Attorney
The best time to contact a personal injury lawyer is immediately after you have addressed your urgent medical needs.
Handling a car accident claim alone puts you at a severe disadvantage. The insurance company has vast resources, teams of investigators, and aggressive legal representation. You deserve the same.
A skilled car accident attorney will step in immediately to:
- Take over all communication with the insurance companies so you can focus on healing.
- Launch an independent investigation to gather police reports, subpoena dashcam or surveillance footage, and interview witnesses.
- Work with medical experts to properly calculate the full lifetime value of your claim, including past and future medical expenses, lost earning capacity, property damage, and pain and suffering.
- Negotiate on your behalf and, if necessary, take your case to trial to fight for a jury verdict.
Kanner & Pintaluga Is Here for You
The aftermath of a car accident is no time to take chances with your future. The number one lesson on how to protect your accident claim should be to seek legal representation. This is the best way to protect your rights and pursue appropriate compensation for your pain and suffering.
At Kanner & Pintaluga, our experienced team understands the toll a car crash takes on victims and their families. We have the resources to stand up to the largest insurance companies, and we do not back down from a fight.
If you or a loved one has been injured in a car accident, follow the above steps, then reach out to Kanner & Pintaluga. We operate on a contingency fee basis, meaning you pay nothing out of pocket; we are paid only if we win your case by verdict or settlement. Contact us today for your free, no-obligation evaluation.
What to Do After a Car Accident: Quick Tips
- Call 911 and get medical help ASAP.
- Exchange information and document evidence at the scene.
- Get medical attention and follow the doctor’s orders.
- Contact a personal injury lawyer before speaking to any insurance companies.