Most people only get in one or two serious car accidents in their lifetime, which means most people are doing this for the first time exactly when they're least prepared to. The first decisions you make — at the scene, at the hospital, on the phone with insurance — set the trajectory of your case for the next two years. This guide walks through what to do, what not to do, and why each step matters.

01 — The first hour.

In order, immediately after a crash:

  1. Get to safety. If you can move the vehicle out of traffic without making injuries worse, do it. If you can't, leave it and get yourself to the shoulder.
  2. Call 911. Always. Even for what looks like a "minor" crash. A police report becomes critical evidence later.
  3. Check on others. Don't move anyone with a possible neck or back injury unless there's an immediate threat (fire, traffic).
  4. Accept medical evaluation. EMS will offer to check you out. Let them. Adrenaline masks injuries — what feels minor at the scene is sometimes serious within hours.
  5. Exchange information with the other driver: name, contact, insurance, license plate, driver's license number, vehicle make/model.
  6. Document the scene before vehicles are moved (see below).

02 — Getting medical care.

This is the most important practical decision you'll make in the first 24 hours, and the one people most often get wrong.

Get medical care even if you think you're "fine." Adrenaline, shock, and the body's natural response to trauma routinely mask serious injuries for hours or days after a crash. Soft-tissue injuries — whiplash, herniated discs, internal injuries — often don't present immediately. Traumatic brain injuries can have delayed symptoms. Refusing care at the scene and then "toughing it out" for a week is one of the most common ways people unintentionally damage their cases.

The Insurance Reality
Gaps in treatment are a defense.

Insurance companies routinely argue that gaps in treatment prove the injury wasn't real or wasn't caused by the crash. If you don't see a doctor for a week, expect that to be used against you. If you do see a doctor and don't follow through on the treatment plan, expect that too. Read our guide on insurance company tactics for the full playbook.

03 — Documenting the scene.

If you're physically able to, photograph everything before the vehicles are moved:

  • Both vehicles from multiple angles, showing the damage
  • The position of the vehicles in their lanes
  • Skid marks, debris, and the broader scene
  • Traffic signs and signals nearby
  • The other driver's license, insurance card, and license plate
  • Any visible injuries
  • Weather and road conditions

Then look around: are there businesses nearby with security cameras? Note them. That footage gets overwritten within 7-30 days, and we'll need to send preservation letters fast.

Get witness contact information. People scatter. A witness statement taken three days later is worth a fraction of one collected at the scene.

04 — The police report.

The investigating officer writes a report that becomes the official record of the crash. It's not the final word on fault — disagreements happen — but it shapes everything that comes after. When the officer interviews you:

  • Be factual. Describe what happened, in order, without speculation.
  • Don't apologize. "I'm so sorry this happened" becomes "she admitted fault" in an insurance file.
  • Don't guess. If you don't know the answer, say so. "I'm not sure how fast I was going" is better than a wrong number.
  • Don't downplay injuries. "I think I'm okay" gets used as "she said she was uninjured at the scene." If you're hurting, say so.

Ask the officer for the report number. Most reports are available within 5-10 business days.

05 — What NOT to say.

Common things that hurt cases, in order of frequency we see them:

  • "I'm fine" — to anyone, especially insurance adjusters
  • "I didn't see them" — gets used as comparative fault
  • "I'm so sorry" — gets used as an admission
  • "I might have been going a little fast" — never volunteer this
  • Anything on social media — including check-ins and photos that look "active"
  • Recorded statements to the other driver's insurance

06 — The insurance call.

You will get a call from the other driver's insurance company within 24-72 hours of the crash. Sometimes within hours. They will sound friendly. They will tell you they're "just gathering information." They will ask for a "quick recorded statement." They may even offer a fast settlement to "take care of you."

Decline all of it.

  • Don't give a recorded statement to the at-fault driver's insurer. You are almost never required to.
  • Don't accept any offer until your medical picture is clear — which typically takes weeks or months.
  • Don't sign anything they email you — including medical release forms.
  • Don't discuss fault with anyone but your own attorney.

Your own insurer is different — your policy has a "cooperation clause" that may require some statement. We help clients navigate that without giving more than the policy actually requires.

07 — The next 30 days.

In the weeks after the crash, focus on three things:

  1. Follow through on medical care. Go to every appointment. Do the physical therapy. Take the medications as prescribed. Insurance companies treat treatment gaps as evidence the injury wasn't real.
  2. Keep records. Save every bill, every receipt, every appointment summary. Track missed work and mileage to medical visits.
  3. Stay off social media about the crash, your injuries, and your activities. A photo of you smiling at a barbecue becomes "she's not really hurt." Don't delete existing posts (that can be treated as destroying evidence) — just stop adding new ones.

08 — When to call a lawyer.

Honest answer: as soon as you're physically able, particularly if:

  • You needed any medical treatment beyond a quick ER visit
  • You missed work
  • Liability is disputed
  • The other driver was a commercial vehicle (truck, delivery van, rideshare)
  • The other driver was uninsured
  • The other driver was under the influence
  • Anyone was killed

Consultations are free, talking to us creates no obligation, and the right time to start preserving evidence is now — not in three months when the insurance company has gotten everything it wants. If your case isn't one we'd recommend taking, we'll tell you that for free too.

SB
About the Author

The Longhorn Law Firm

This guide is built from the patterns we see across hundreds of car accident cases in Texas and New Mexico. The mistakes that hurt cases tend to be the same ones, made in the first 48 hours, by people who didn't know what they didn't know.