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What To Do After A Car Accident: 7 Steps That Protect Your Claim

Vehicle Accident

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Just been in a car accident?

The hours immediately after an accident matter more than most people realise. Your actions (and inactions) can determine whether your claim is paid in full or minimized.

And truck crashes are far too frequent. Despite declining to its lowest level in years, NHTSA estimated there were 36,640 traffic deaths in 2025 alone. That’s still countless families affected by one tragic second.

Here’s the good news:

There are a few easy ways to ensure your claim.  If you follow the steps below in sequential order, your chances are best for a fair settlement.

What’s inside:

  • Why The First 24 Hours Matter
  • 7 Steps That Protect Your Claim
  • When To Call A Car Accident Lawyer

Why The First 24 Hours Matter

Insurance companies begin working on your case the second you report a crash. Their objective is to pay you as little money as possible. That’s their job.

The issue? Most drivers are rattled, injured or dazed immediately following a collision. They forget to take pictures. They apologize at the scene. They miss their doctor’s visit because they “feel better.”

Every one of those mistakes can cost you money.

This matters even more in large metropolitan areas. Shelby County reported 748 serious and fatal crashes in 2024 — the highest in Tennessee. If you were injured in a crash, speaking with a seasoned Memphis car accident lawyer soon can prevent the insurance company from pressuring you into accepting a lowball settlement. An experienced car accident lawyer will know precisely what evidence your injury claim requires and how to preserve it.

So what should you actually do? Here’s the blueprint:

7 Steps That Protect Your Claim

1. Get Safe And Call 911

Safety always comes first.

If it’s safe, pull your vehicle out of traffic and turn on your hazards. Then call 911, even for minor accidents.

Possibly the most important piece of evidence in any claim is a police report. It documents the time, location, drivers involved and usually who the officer believes was at fault. Without one you are simply he said, she said.

2. Don’t Admit Fault

This one catches plenty of people out.

Nobody wants to be rude after an accident. However, “I’m sorry, I didn’t see you” can come back to haunt you later, even if you’re just being courteous.

Stick to the facts. Exchange names, phone numbers and insurance information with the other driver.  Nothing else.  Let the police and insurance companies determine who was at fault.

3. Take Photos Of Everything

Your phone is your best friend right now.

Try to get photos and videos of everything before the cars leave. The more evidence you can compile, the better! Be sure to include:

  • Damage to all vehicles
  • Skid marks and debris on the road
  • Traffic lights and road signs
  • Your injuries (cuts, bruises, swelling)

Pictures don’t lie, but memories will. They can show exactly how the accident occurred weeks/months later — when they say something happened differently.

4. Talk To Witnesses

Did anyone see the crash happen?

Witnesses can be very valuable to your claim. They have no stake in the matter and should be unbiased.  Get their full name and phone number before they leave the scene. Most witnesses are willing to cooperate.

You could even record them (if they let you) doing a quick 1-minute video of them saying what they witnessed. Easy peasy.

5. See A Doctor (Even If You Feel Fine)

Here’s the thing:

Many injuries are latent. Whiplash, concussions and back injuries can take hours or even days to manifest themselves. Adrenaline can mask pain immediately following a collision.

Get checked by a doctor within a day or two. This does two things:

  1. It protects your health.
  2. It creates a medical record that links your injuries to the crash.

If you wait weeks to see a doctor, the insurance company will claim your injuries resulted from something else.

Keep every medical bill, prescription and doctor’s note. You’ll need them later.

6. Be Careful With The Insurance Company

You should notify your own insurance company of the crash. This is standard procedure and most policies require it.

However, don’t let your guard down when you receive a call from the other driver’s insurance company. The adjuster may seem nice and helpful, and they may even ask if they can record your statement “for their files.”

Never give a recorded statement without first speaking to a lawyer. The insurance companies can use the smallest inconsistency in your words to reduce your claim. Also, never accept a quick settlement offer before you know the extent of your injuries.

7. Speak With A Car Accident Lawyer

This is the step that ties everything together.

Let a car accident lawyer handle your insurance company. They will obtain the evidence and calculate what your claim is truly worth.  That means items you may not even think about …like future medical expenses and lost wages.

More and more people hire an attorney after being involved in an auto accident. According to the Insurance Research Council, 57% of bodily injury claimants had an attorney involved by 2022. Nearly 50% of people who retained an attorney did so within days of their accident.

Why so fast? Evidence doesn’t stick around. Video tapes are erased, witnesses relocate and wrecked cars get fixed.

When To Call A Car Accident Lawyer

You don’t need an attorney for every minor car accident. However, you should seriously consider hiring an attorney if:

  • You or a passenger were hurt
  • The other driver is blaming you
  • The insurance company is delaying or denying your claim
  • You’ve been offered a settlement that feels too low

Tennessee also has a strict deadline. You have only one year to file most personal injury claims in Tennessee starting from the date of the crash. That’s one of the shortest time limits in the nation.

Miss it and you could lose your right to compensation completely.

Tennessee also follows a “comparative fault” rule. This means that if you are found partially responsible, your award will be decreased. You could receive nothing if you are found to be 50% or more at fault.

(That’s exactly why steps #2 and #3 matter so much.)

The Bottom Line On Protecting Your Claim

Getting into a car accident is difficult enough without having to battle for what is yours. The best news is that it’s easy to protect your claim if you know how.

To quickly recap:

  • Get safe and call 911
  • Don’t admit fault
  • Take photos of everything
  • Get witness details
  • See a doctor fast
  • Be careful with insurers
  • Speak with a car accident lawyer

Tennessee saw 1,045 traffic fatalities in 2025. Thousands more people survive crashes but walk away with injuries, bills and a long claim process.

If you follow these 7 steps, you’ll be way better equipped to pursue full compensation.

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R. Christopher Simons

R. Christopher Simons

criminal defense and traffic attorney

Jordan R. Watson

criminal defense attorney

Table of Contents

R. Christopher Simons
R. Christopher Simons

criminal defense and traffic attorney

Jordan R. Watson

criminal defense attorney

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