Essential Steps to Take After a Car Accident to Protect Your Claim
A car accident can turn your life upside down. One minute you're driving to work or running errands — the next, you're dealing with physical pain, car damage, insurance headaches, and a growing pile of medical bills. Even minor crashes can leave long-lasting impacts on your health, income, and peace of mind. What you do in the minutes, hours, and days afterward can make a significant difference in your ability to pursue full and fair compensation.
At The Eskesen Law Firm, I understand how overwhelming this time can be. My firm has helped accident victims throughout New York City, including Kings County (Brooklyn), Queens County, New York County (Manhattan), Bronx County, and Richmond County (Staten Island), pick up the pieces after devastating collisions.
Whether you’re dealing with an uncooperative insurance company, trying to recover lost wages, or unsure about your next step, I’m here to help. Call my office today to discuss your rights and how I can help protect your claim.
Stay Calm and Check for Injuries
Right after a crash, adrenaline kicks in, and everything moves fast. Your first priority should always be safety — for yourself, your passengers, and anyone else involved.
Immediately after the accident, take the following steps:
Check for injuries: Look for signs of pain, bleeding, or limited movement. If someone is seriously hurt, don’t move them unless necessary.
Call 911: Even if injuries seem minor, it's important to report the crash and request medical help if needed.
Move to safety if possible: If your car can be driven safely and isn’t blocking traffic, move it to the side of the road. Turn on hazard lights.
Stay calm: Getting angry or emotional at the scene can make things worse. Focus on staying focused and composed.
These initial moments aren't just important for your safety — they also help build a record of what happened. A calm, straightforward approach will also make it easier to deal with the police, medics, and the other driver.
Document the Accident Scene
The accident scene holds valuable evidence. If you're physically able, try to document as much as possible before vehicles are moved or debris is cleaned up.
Some key things to document at the scene include:
Photos of the vehicles: Capture damage from multiple angles.
Photos of the scene: Include skid marks, traffic signs, streetlights, and road conditions.
Driver and vehicle info: Exchange contact and insurance information with the other driver.
Witness statements: If anyone saw the accident, ask for their name and phone number.
Police officer’s name and badge number: This helps if you need to follow up on a report.
The more evidence you gather, the stronger your claim can be. Insurance companies often dispute fault or try to downplay damage — solid documentation can make your side of the story hard to ignore.
Get Medical Attention Right Away
Even if you feel “okay” after a car accident, it’s still important to get checked by a medical professional. Injuries like whiplash, concussions, or internal trauma might not show symptoms right away.
Why medical attention matters:
Protects your health: Some injuries can worsen over time if left untreated.
Creates a medical record: This connects your injuries directly to the accident.
Supports your legal claim: Insurance companies may argue your injuries aren’t related if you delay treatment.
I’ve had clients who waited days before seeing a doctor, thinking they’d heal on their own — only to find that their injuries were worse than they thought. Unfortunately, waiting too long can also hurt your ability to collect compensation. When I represent clients, I always encourage prompt and consistent medical care.
Report the Accident to the Police and DMV
In New York, reporting the accident isn’t just helpful — in many cases, it’s required by law.
To report a car accident:
Call the police at the scene: If there are injuries or property damage over $1,000, you must call the police immediately.
File an MV-104 form: If damage exceeds $1,000 or there’s injury or death, you must submit this form to the New York DMV within 10 days.
Request a copy of the police report: This can be critical when dealing with insurance adjusters or filing a lawsuit.
A police report provides an official account of the accident and can support your version of events. If you don’t report the crash properly, the insurance company may try to use that against you.
Notify Your Insurance Company
You’ll also need to report the accident to your own insurance provider — and the sooner, the better. But be careful about what you say.
Some tips for talking to your insurance company include:
Stick to the facts: Avoid guessing or admitting fault.
Don’t give recorded statements right away: You have the right to speak to a lawyer first.
Provide documentation: Include photos, police reports, and medical records as requested.
It’s easy to assume your insurance company is on your side — but they’re also focused on their bottom line. If you say the wrong thing, even by accident, it could hurt your claim. That’s why many of my clients let me handle all communication with insurers from the start.
Be Cautious With the Other Driver’s Insurance
After a crash, you might get a call from the other driver’s insurance company — sometimes within hours. Be very careful how you respond.
Avoid these common mistakes when dealing with the other party’s insurer:
Admitting fault: Even saying “I’m sorry” can be twisted against you.
Agreeing to a quick settlement: Early offers are often far lower than what your claim is worth.
Giving a recorded statement: You’re not required to — and it can be used against you later.
You’re not obligated to deal with the other insurance company directly. When I represent car accident victims, I handle all communication so my clients don’t have to worry about being taken advantage of.
Keep Track of All Expenses and Records
A successful car accident claim relies heavily on documentation. You’ll need a clear record of how the crash has affected your health, finances, and daily life.
Important documents and expenses to keep include:
Medical bills and receipts: For hospital visits, prescriptions, therapy, etc.
Pay stubs and lost wage records: If you’ve missed work because of the accident.
Repair estimates and receipts: For damage to your vehicle or personal property.
Journal entries: Notes about your physical pain, emotional distress, or how the injury affects your life.
All of this adds up to a complete picture of your damages — and it helps me build a stronger case when it’s time to negotiate or go to court.
Know What Compensation You Can Recover
Many accident victims underestimate what they’re entitled to. Your claim isn’t just about fixing your car — it’s about getting your life back.
Types of compensation available after a car accident include:
Medical expenses: Current and future treatment.
Lost income: From missed work or reduced earning ability.
Pain and suffering: Physical and emotional distress caused by the accident.
Vehicle repairs or replacement: Including rental costs during repairs.
Out-of-pocket expenses: Transportation, childcare, or home modifications.
Wrongful death damages: For families who’ve lost a loved one in a fatal crash.
When I take on a case, I dig deep to identify every dollar you may be owed — not just what the insurance company wants to offer.
Reach Out to a Trusted Personal Injury Lawyer
A car accident can leave you feeling shaken, frustrated, and unsure of what to do next. But you don’t have to deal with it alone. If you’ve been injured in a crash, taking the right steps now can make all the difference in your recovery — both physically and financially.
At The Eskesen Law Firm, I’ve helped drivers, passengers, cyclists, and pedestrians across Kings County (Brooklyn), Queens County, New York County (Manhattan), Bronx County, and Richmond County (Staten Island) get the compensation they need to heal and move forward. I handle insurance claims, fight lowball offers, and take cases to court when necessary — all with a focus on protecting your best interests.
If you or someone you love has been hurt in a car accident, reach out today for a free consultation. Let’s talk about what happened and how I can help you protect your claim.