News & opinion How to File A Personal Injury Claim: The Do’s and Don’ts 

How to File A Personal Injury Claim: The Do’s and Don’ts 

How to File A Personal Injury Claim

When it comes to what to do after a car accident, there’s a lot to think about. Questions come at you fast, and dealing with insurance companies can be overwhelming and annoying. How do you file a car accident claim? What information do you need? How fast can you get help? You just want to crawl into bed, recover, and be done with the whole ordeal.

We get it. We’ve been there, and we’ve guided thousands of people through the same situation.

With over 20 years of experience helping clients file their insurance claims and receive life-changing settlements, we’ve got a wealth of knowledge to share.

Below are some “Do’s and Don’ts” of the personal injury claims process – things we’d tell our own family members who are coping with the aftermath of an accident. Most importantly? Don’t give a recorded statement to an insurance company before you follow these steps!

How to File A Personal Injury Claim

Once you reach out to us about your potential accident injury claim, we do everything we can to alleviate your stress. Our intake specialists will collect your information and guide you through the claims process, and before you know it, you’ll have a fierce attorney advocating for you and helping you obtain compensation.

But there are so many steps and choices you have to make before that point.

Here’s what to expect at the other phases of your journey, like what you can do to help strengthen your case and what common mistakes you should steer clear of.


Do get all detailed information from the person who caused the accident, such as their name, address, phone number, license plate number, and auto insurance information.

Do call the police and request that a police report be made. Do not settle for exchange of information only, as this could potentially delay a liability decision or have insurance companies debating your word against their client’s. Call the police no matter how minor the damage seems to you. There’s no such thing as “too much evidence,” and a crash report strengthens a case.

Do take as many pictures as you can. Of everything — the scene of accident, nearby signage, property damage, bodily injuries, your vehicle, and any other vehicles involved. Take pictures of the other driver’s license plate, insurance card, and drivers license as well.

Do seek medical treatment right away. You need a comprehensive understanding of your injuries, and some of them can take days to show any symptoms. By then, it could be too late and you may be left coping with a chronic issue. Get the medical care you deserve, as soon as possible. Medical paperwork and a record of swift treatment also proves to skeptical insurance adjusters that you were genuinely hurt.

Do stay consistent. Attend your follow-up appointments and any recommended physical therapy. We all have responsibilities, but your health should never be neglected or put on the back burner.

Do contact an attorney ASAP. The sooner we can start on your case, the better! The greatest support you can have after an accident is that of a dedicated personal injury attorney. We’ll handle all the stressful ins and outs of filing your claim, connect you to the medical care you need at no upfront cost, and fight for the compensation you rightfully deserve.

Do contact your auto insurance to tell them about the accident. Your attorney will maintain communication with them afterward, and with the defendant’s auto insurance as well.

Do keep track of all the time you’ve missed from work for recovery, doctor appointments, etc. Your attorney will fight to get you compensated for these lost wages. Track other accident-related expenses as well, like rideshares or rental cars if your vehicle was totaled.

Bonus: For Premises Liability Claims (i.e. slip and fall accidents in a store or rental property):

Do report the incident to the manager. When you fall in public, it might be tempting to brush yourself off and avoid embarrassment and attention. However, you should always report your fall to the manager of the premises, even if you don’t know if you are injured.

Do get the manager’s info. We know it can be hard to remember in the heat of the moment, but you should ask for the names and contact information of manager, staff, and all witnesses. Ask if there is a corporate phone number you can call to follow up with your incident report.

Do get a copy of your incident report. Premises liability claims differ slightly from other accident claims because most stores will file incident reports. (Note: establishments are under no legal obligation to provide you with a copy of an incident report.) While an incident report is not necessary to pursue a personal injury claim, it can help. When you speak with management, ask about their incident report protocol and how you can receive a copy.

Do take photos. Staff or property owners should promptly fix hazards in order to prevent other patrons from being injured, but before they do, make sure you take photos. Snap pics of where you fell, the surrounding areas, your injuries, and any spills, faulty structures, or other dangers.

Do seek treatment if you are injured, even if you don’t have health insurance. Don’t let financial woes stand in the way of proper healing. If you’re hurt in a slip and fall accident, reach out to us for help and get connected to the medical care you need, at no upfront cost!


Do not leave the scene of the accident unless you are leaving in an emergency vehicle. No matter who was at fault, it is illegal in almost every state to leave the scene of an accident when someone is injured or there is property damage… and you won’t know if this is the case until you speak with the other driver(s) involved. On the other hand…

Do not stay in harm’s way after a car accident. If possible, move your vehicles to the side of the road to inspect damage. Preventing a pile-up is important, and you don’t want to stand in the path of oncoming traffic.

Do not engage in any arguments at the scene of the accident. Stay calm and level-headed. Wait until police arrive. Tensions are high after a car accident, and you don’t need to add an assault to your troubles.

Do not accept a cash bribe to avoid police or insurance. Sometimes, drivers who cause an accident try to offer cash or a check to victims in order to dodge the hassle of an injury claim or a rising insurance premium. This can be tempting, but beware: you may have injuries you don’t even notice yet. Certain soft tissue injuries, for example, could take days to show symptoms… and you could be staring at some hefty medical bills in your near future with no way to pay. Go about things the right way by reporting the accident to the police and to both of your insurance companies.

Do not let the tow truck take your vehicle to storage. Instead, have them take it to your house. Storage yard fees rack up quickly, and you don’t want to get stuck with the bill. If your vehicle is in storage, take it out ASAP and keep the receipt so you can be reimbursed once the other driver’s insurance accepts liability.

Do not give a recorded statement to any insurance company, especially if you don’t have legal representation. This recorded statement can be used against you. Trust us, this is the single most important piece of advice on our list, so it bears repeating: DO NOT GIVE A RECORDED STATEMENT TO THE INSURANCE COMPANY! Similarly…

Do not discuss your injuries or ongoing medical treatment with the insurance company. Again, insurance adjusters use all kinds of tricky language designed to trip you up. They’ll twist your words to downplay the severity of your injuries, meaning your settlement amount could suffer.

Do not post on social media regarding your auto accident. It’s sad and sneaky, but insurance companies will use your social media posts against you if they can find them. For example, you may feel inclined to post a photo of your totaled car with the caption “so thankful I’m alright,” but this can be used to invalidate any pain you are coping with… because you said you’re “alright,” right!?

Do not send anything directly to the insurance. Allow your lawyer to handle it. Remember, the insurance company is not your friend, no matter how nice they may be to you.

Do not sign anything before talking with your attorney or case manager.

Do not agree to settle or accept checks from any insurance company without legal representation. You could be throwing your whole case away. Even if an offer sounds good to you, you might still be missing out on tens of thousands of dollars. Consult your personal injury lawyer about any offers and let them negotiate with insurance companies. You don’t know what you’re owed, but it’s our job to!

Do not downplay your injuries or underreport your pain levels. Remember, your medical care providers and lawyers want to get an idea of how the pain will impact your daily life. You might’ve been taking it easy in recent weeks, resting and recovering, but what will your pain levels be like once you return to work? Can you still enjoy your hobbies? Can you play with your kids? Is your range of mobility different? Consider all these questions when discussing your pain and your limitations with your doctor.

Attorney, Stewart J. Guss

Know Your Worth. We Do.

If you don’t deal with insurance companies on a daily basis like we do, you may be unaware of many of your rights. Don’t get taken advantage of. Let us fight for fairness.

By trusting an experienced personal injury law firm with your claim, you can focus on what matters most: your successful recovery.

If you’ve been hurt in an accident and don’t know where to turn, contact us now for immediate assistance. We offer free consultations, 24 hours a day, 7 days a week.

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