Car Accident Claim: Step-by-Step Timeline

The accident occurs. Emergency services respond, injuries are assessed, and police file an official accident report. Photographs are taken at the scene, witness information is collected, and both drivers exchange insurance details.

• —Call 911 even for minor collisions — a police report is critical documentation.
• —Photograph all vehicle damage, road conditions, and visible injuries before vehicles are moved.
• —Never admit fault or apologize at the scene.

Emergency room, urgent care, or primary care visits establish the official injury record. Imaging studies, specialist referrals, and initial treatment plans are initiated. A same-day or next-day medical visit is essential for claim strength.

• —Seek care the same day even if symptoms seem minor — many serious injuries have delayed onset.
• —Tell every provider exactly how the accident occurred so it appears in your records.
• —Begin an injury journal documenting daily pain levels and limitations.

You notify your own insurer and the at-fault driver's insurer. Claims are assigned adjusters. You gather the official police report, request surveillance footage preservation, and begin organizing all documentation.

• —Notify your own insurer promptly as required by your policy.
• —Decline to give a recorded statement to the opposing insurer without attorney guidance.
• —Request all communications in writing from adjusters.

You attend all follow-up appointments, physical therapy, specialist consultations, and diagnostic procedures. Treatment continues until you reach Maximum Medical Improvement (MMI) — the point at which further recovery is unlikely.

• —Never miss a scheduled appointment — gaps are used to dispute injury severity.
• —Follow all treatment recommendations completely, including activity restrictions.
• —Keep all bills, co-pay receipts, and prescription records organized chronologically.

You consult with a personal injury attorney, who evaluates liability, reviews your documentation, and accepts your case on contingency. The attorney sends a representation letter to all insurers and begins the formal investigation.

• —Most personal injury attorneys offer free consultations with no obligation.
• —Retain counsel before giving any statement to the opposing insurer.
• —Bring all documentation — police report, medical records, photos — to the consultation.

Once medical treatment is complete, your attorney compiles a comprehensive demand package: all medical records, bills, lost wage verification, photographs, and a demand letter stating the full value of your claim and requesting settlement.

• —Do not send a demand until you have reached MMI — settling too early forfeits future medical damages.
• —The demand letter should include all past and future medical expenses, lost wages, and pain and suffering.
• —Your attorney will calculate the full demand based on economic and non-economic damages.

The insurer responds with a counteroffer. Your attorney negotiates back and forth until a fair settlement is reached or an impasse is declared. Most car accident cases settle at this stage without the need for litigation.

• —Never accept the first offer — it is almost always well below fair value.
• —Your attorney will advise whether to accept, counter, or proceed to litigation.
• —A signed release is permanent — never sign without fully understanding what you are waiving.

If settlement is reached, you sign a release and receive payment within weeks. If the insurer refuses a fair offer, your attorney files a lawsuit. Litigation adds 6 – 24 additional months through discovery, depositions, and possible trial.

• —Filing suit often prompts insurers to improve their offer before trial.
• —Mediation is frequently ordered before trial and resolves many cases.
• —Trial verdicts can be higher than settlement offers but carry uncertainty.