Damaged car after a collision

The minutes right after a crash are stressful and confusing, and what you do in them can affect both your health and any injury claim you later bring. You won't remember a long list in the moment, so here is a straightforward order of operations — the things that matter most, roughly in the order you'll face them.

1. Get safe, then call 911

If the vehicles are drivable and it is safe, move them out of the lane of traffic — the Beltline, East Washington, and the Interstate ramps around Madison are dangerous places to stand beside a stopped car. Then call 911. Even for a seemingly minor crash, a police report creates an official, neutral record, and on a busy road that record can matter a great deal later. Make sure an officer actually documents the scene, and get the report or incident number before you leave.

2. See a doctor — even if you feel fine

This is the step people skip and later regret. Adrenaline masks pain, and some of the most serious injuries — concussions, soft-tissue damage, and spine injuries among them — don't fully surface for a day or two. Getting checked promptly does two things: it protects your health, and it connects your injuries to the crash in the medical record. A gap of even a couple of weeks between the crash and your first visit is one of the first things an adjuster uses to argue you weren't really hurt.

3. Document everything you can, while you can

Your phone is the best tool you have at the scene. If you're able:

  • Photograph the vehicles, their positions, the damage, the road and any skid marks, traffic signals, and any visible injuries;
  • Exchange names, phone numbers, driver's-license and insurance information with the other driver;
  • Get witnesses' names and numbers before they leave — they rarely stick around, and they are hard to find later;
  • Note the conditions — weather, lighting, and anything unusual.

In the days that follow, keep every bill and repair estimate, and jot down how the injury is affecting your daily life. That running record is more valuable than most people realize.

4. Be careful with the insurance company

Expect a call from the other driver's insurer quickly — often within a day or two, and often very friendly. Remember whose side they are on. You are generally not required to give the other driver's insurer a recorded statement, and it is reasonable to get advice before you do. Be especially wary of a fast settlement check: it can feel like a relief with bills coming in, but signing the release closes the claim for good, even if your injuries turn out to be worse than they first seemed. (More on this in why talk to a lawyer before the insurance company.)

5. Know when the deadline clock is running

Wisconsin generally gives you three years from the date of the crash to file a lawsuit, but some situations — a crash involving a government vehicle, for example — carry much shorter notice deadlines. You don't need to rush to sue, but you shouldn't let months drift by while evidence fades, either. (See how long you have to file in Wisconsin.)

When to call a lawyer

Not every fender-bender needs an attorney. But if anyone was hurt, if fault is disputed, or if the insurance company is already pressing you, it is worth a free conversation before you accept a check or sign anything. You can tell Paul what happened or read more about car accident claims in Madison. This post is general information, not legal advice about your specific situation.

This post is general information, not legal advice, and does not create an attorney–client relationship. Every case is different; for advice about your situation, contact Paul M. Marriett.

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