What to do in the first 48 hours.
A short checklist covering medical attention, evidence preservation, insurance contact, and timing.
The first two days after an accident shape almost everything that follows — your medical recovery, the strength of any future claim, and how insurance adjusters value your case. Most of the mistakes people make in personal injury cases happen here, in the rush and confusion of the first 48 hours. This is a short, practical checklist for that window.
1. Get medical attention immediately
Even if you feel fine, get checked out. Adrenaline masks injuries — concussions, soft-tissue damage, and internal bleeding routinely show up hours or days later. Two things happen if you skip this step:
- Your health gets worse. Some injuries are far easier to treat early.
- The insurer argues you weren't hurt. If there is no medical record from the day of the accident, adjusters will claim your injuries came from something else.
Go to the emergency room, an urgent care, or your primary care doctor the same day. Tell them every symptom — even ones you think are unrelated. Keep every discharge paper, prescription, and bill.
2. Document the scene before it disappears
Your phone is the most important piece of evidence-gathering equipment you have. Before the cars are moved, before witnesses leave, capture:
- Wide shots of the scene from multiple angles, including any skid marks, debris, and traffic signs.
- Close-ups of vehicle damage on every car involved, plus the license plates.
- Your visible injuries — bruises, cuts, swelling. Take more photos over the next several days as bruising develops.
- Names, phone numbers, and email addresses of every witness you can find. Witnesses scatter fast and are nearly impossible to track down later.
- Driver's license, insurance card, and vehicle registration of anyone involved.
3. Call the police and get a report
Call 911 even for minor crashes. The official police report is one of the most-used documents in any personal injury case. It captures the officer's on-scene assessment, witness statements, citations issued, and a diagram of the scene.
Ask the responding officer how to get a copy of the report — the process and timeline vary by department, usually 3 to 10 business days. Get the report number before you leave.
4. Don't admit fault — to anyone
This includes the other driver, the police, and especially insurance adjusters. "I'm sorry" is a normal human reflex; in a claim it gets quoted back at you for years. Stick to facts: where you were going, what you saw, what happened. Don't guess at speed, don't speculate about who could have prevented the collision, don't accept blame to keep the peace.
5. Notify your own insurance — carefully
Most policies require you to report an accident promptly, often within 24 to 72 hours. Call your insurer and report the basic facts. Keep it short. You are not obligated to give a recorded statement during this first call, and you generally shouldn't.
6. Don't talk to the other party's insurance
The other driver's insurance company will call within a day or two — sometimes within hours. They are not on your side. Their job is to pay you as little as possible. You are not required to speak with them, give a recorded statement, or sign any forms they send.
A polite "I'm not ready to discuss this yet — please put everything in writing" is the right answer. If a lawyer is involved, route everything through them.
7. Don't sign or settle anything
Early settlement offers are almost always far below what a case is worth. Once you sign a release, you cannot reopen the claim — even if your injuries turn out to be more serious than you thought.
Adjusters know that injured people need money fast. That is the entire strategy behind a quick lowball offer. Wait until you understand the full extent of your injuries — typically until you reach maximum medical improvement, the point at which doctors believe you have recovered as much as you are going to — before you settle.
8. Keep a paper trail
Start a single folder, physical or digital, and put everything in it:
- Photos and witness contacts
- Police report and report number
- Medical visits, prescriptions, and bills
- Mileage and dates for every doctor visit
- Lost wages and time off work
- Every email, letter, and voicemail from any insurance company
- A short daily journal of pain levels, missed activities, and how the injury is affecting your life
Cases are won and lost on this kind of contemporaneous record. The memories fade; the folder doesn't.
9. Talk to a lawyer before you accept anything
Most personal injury attorneys offer free consultations and work on contingency — they only get paid if you do. There is no downside to getting a second opinion before you sign with the insurance company. See how to pick a personal injury lawyer for what to ask, what fees to expect, and red flags to watch for.
What to avoid
- Posting on social media. Insurers and defense attorneys check social profiles. A photo of you smiling at a barbecue gets used to argue you aren't really hurt.
- Skipping medical appointments. Gaps in treatment are weaponized — "if it really hurt, why didn't you go to the doctor?"
- Throwing anything away. Damaged clothes, a broken helmet, the bent bike — all evidence. Keep it.
- Trusting the "we're here to help" tone. Insurance adjusters are trained to sound friendly. Their incentives run the other way.
This guide is general information, not legal advice. Statutes of limitation, comparative-fault rules, and reporting requirements vary by state — for your specific situation, consult a licensed attorney in your jurisdiction.
Related guides.
How to pick a personal injury lawyer.
What questions to ask, what fee structures to expect, and the red flags worth avoiding.
Read guideThe legal processFrom intake to settlement: a typical timeline.
How a personal injury claim usually unfolds, and what you should expect at each stage.
Read guideGlossaryThe terms attorneys use, in plain English.
Key terminology — liability, damages, statutes of limitation — translated.
Read guide