The hours and days after a car crash can be very confusing. You may be hurt, your car may be wrecked, and an insurance adjuster might already be calling you. The immediate window after your car accident is very important. What you do during this time can shape your recovery, your insurance claim, and your legal rights for years.
If you have been in a car accident and are wondering what you should do next, our Salt Lake City car accident lawyers have created this guide. Our guide covers the first 72 hours after your accident and what you should do step by step. By following these steps you will be able to help yourself, and protect your case.
Hour 0: At the Accident Scene:
1. Get to safety and call 911.
After the accident, move out of traffic if your vehicles are still operational. If anyone in the accident has been seriously hurt then do not try to move them unless they are in immediate danger. Utah law requires you to report a crash to law enforcement under Utah code section 41-6a-401 if anyone is injured, killed, or if the property damage appears to exceed $2,500.
2. Accept Medical Attention.
If paramedics have been called to the scene and offer to check you out, say yes, even if you feel fine. After an accident your body will release adrenaline, and this can hide the pain you are feeling. Paramedics may be able to catch any serious injuries early even when you haven’t noticed them. Refusing care at the scene may be a red flag to an insurance adjuster as they may argue that you weren’t actually hurt at the accident.
3. Document everything.
If it is safe to do so, use your phone to capture the following at the scene:
- All vehicles involved in the accident from several angles. Try to get photos of property damage specifically, and include license plates in the photos.
- Skid marks, debris, road conditions (weather or potholes), and traffic signals
- Your visible injuries
- The other driver’s license, registration, and insurance card
4. Exchange information and collect witnesses.
Get the other driver’s name, phone number, address, insurer, and policy number. If anyone witnessed the accident ask for their contact information as well. Independent witnesses can carry real weight if fault is disputed for your accident.
5. Be careful what you say.
Be polite, but don’t apologize or speculate about what happened at the scene of the accident. A casual “I’m sorry” or “I don’t know what happened” to the other driver or police officer can be twisted into an admission of fault. Try to stick to the facts and avoid any descriptive language with the police.
6. Get the police report number.
If the cops are at the scene of the accident then a report will be created for your accident. Ask the officer at the accident how to get a copy of your report. Your police report is a key piece of evidence and typically decides who is at fault for an accident.
Hours 1-24: Get Medical Care and Start Your Paper Trail
7. See a doctor within 24 hours, even if you feel fine.
Whiplash, concussions, soft tissue damage, and internal injuries often take hours or days to show symptoms. A prompt evaluation protects your health and creates a record linking your injuries to the crash. Gaps in treatment give insurers an opening to blame something else.
Go to the ER or urgent care if you are experiencing headaches, dizziness, confusion, neck or back pain, numbness or tingling, abdominal pain, or any pain that is getting worse.
8. Follow your doctor’s instructions
Your doctor knows what is best for you. Attend any follow ups, fill prescriptions, and complete any physical therapy they suggest. Do your best to keep every receipt and bill from this time as well.
9. Notify your own insurance company.
Report the accident promptly and give the basic facts. You don’t need to give a detailed statement about your injuries or the cause of the accident.
Utah is a no-fault state, so your own Personal Injury Protection (PIP) coverage pays initial medical expenses and lost wages, up to your limits, regardless of who caused the crash. Utah’s minimum PIP is $3,000, which an ER visit can use up quickly. Opening your PIP claim early can help avoid delays.
10. Start an accident journal.
Write down what you remember from the accident while it is still fresh. Keep adding to this log. Take notes on your pain levels, when you have missed work, and any activities that you can’t do anymore.
Hours 24-28: Protect Your claim
11. Be careful with the other driver’s insurance company.
The at-fault driver’s insurer may call within a day or two, sounding friendly. Remember that the adjuster works for the insurance company, not for you. You are not required to give them a recorded statement. Avoid:
- Describing your injuries (“I’m fine” can hurt you later)
- Guessing about fault or speed
- Signing broad medical release forms
- Accepting a quick settlement offer
You can simply say, “I’m still receiving treatment and I’m not ready to discuss the claim.”
12. Don’t post about the accident online.
Insurers and defense attorneys may check your social media pages, especially if your case goes to trial. A photo from a barbecue or a post saying “I’m doing okay!” can be used against you. Set your accounts to private and refrain from sharing any details about the accident until your claim is closed.
13. Preserve evidence.
Keep damages clothing, and don’t repair or dispose of your vehicle before it’s been photographed and inspected. Save texts, voicemails, and emails about the crash. Note if there were any nearby security cameras quickly, since footage is often overwritten within days.
14. Track your costs and lost income.
Keep a folder that holds your medical bills, repair estimates, costs of rental vehicles, pay stubs, and mileage to and from appointments.
Hours 28-71: Understand Your Rights and Get Advice
15. Learn how Utah law could affect your case.
- Modified comparative fault. Your compensation is reduced by your percentage of fault, and if you’re 50% or more at fault, you generally can’t recover from the other party.
- Statute of limitations. Most Utah personal injury lawsuits must be filed within four years. Claims against government entities, such as a city bus, have much shorter deadlines, often a notice of claim within one year.
- Threshold for suing. Because Utah is a no-fault state, claims for pain and suffering against the at-fault driver generally require meeting certain thresholds, such as medical expenses over $3,000 or a qualifying serious injury.
16. Talk to a Utah car accident lawyer
You don’t have to wait until treatment ends or the insurer pushes back. After a car accident it is wise to get into contact with an experienced car accident lawyer in Salt Lake City. When you hire an attorney they will:
- Handle all communication with insurance companies
- Gather evidence before it disappears
- Identify every source of compensation, including your own UM/UIM coverage
- Value your claim realistically, including future medical needs and lost earning capacity
- Argue your case to an insurance company and take your case to court if an insurer won’t offer a fair settlement
A car accident can be incredibly stressful, but by following the steps above you can set your case up for success and safeguard your claim. If you or someone you know has been injured in an accident the Salt Lake City car accident lawyers at LifeLaw Trial Lawyers are here to help.
Our team of car accident experts have helped thousands of clients get the compensation and justice that they deserve. We will handle everything on your case so you can focus one what’s really important, your recovery. At LifeLaw we work on a contingency fee basis, this means you won’t pay a dime unless we recover compensation for you. To get started and get your free consultation contact us on our website, or call us today at 801-206-4002.