What to do, in what order, from the day of the crash through settlement. Every step here is anchored to documented best practice from primary-source data — bar opinions, NAIC, NHTSA, IRC research, and the AskMatlock research notes.
Right now: safety, documentation, and what NOT to say.
The first hours after a crash decide most of the evidence and most of the leverage. Get medical attention even if you feel okay (adrenaline masks injury). Photograph everything. Do not admit fault. Do not give a recorded statement to the other driver's insurer.
Go to the ER or an urgent care, even if you feel fine. Adrenaline can mask injury for hours. Documented same-day evaluation matters for any later claim.
Wide shots, close-ups of damage, license plates, driver's license, insurance card. Inside the vehicle too. The window to add evidence is closing.
Ask the responding officer for the case number. You will need it for every later step.
Not to the other driver, not to their insurer, not in a recorded statement. Stick to facts. "I am not sure what happened" is acceptable.
Anyone who saw it happen. Names + phone numbers. Witnesses disappear fast.
Set up the paper trail. Decide if you need a lawyer.
The first week is when your case takes shape. The insurer will call. The body shop will call. Medical bills will start arriving. This is the moment to get organized — and to decide, with the facts in front of you, whether your case warrants a lawyer.
Required under your policy. Stick to facts. Do not speculate. Get a claim number.
Usually available 3–7 days after the accident. We have a state-specific template letter ready.
Every provider you see. Every prescription. Every follow-up. Use our medical records authorization template (HIPAA — the federal medical privacy law) to request from every provider at once.
You are not legally required to. Adjusters use these to find inconsistencies later. Decline politely, in writing.
Most property damage claims do not need one. Most serious bodily injury claims do. Use our state playbook + bodily injury tool to assess.
Property damage gets resolved. Medical treatment continues. Lost wages mount.
This is the property-damage window. Cash-value negotiation, diminished value claim, rental coverage, storage — all the seven sub-claims described in the AskMatlock property-damage research. Most victims leave thousands on the table here because no one tells them what they're entitled to.
If the insurer offers to total or repair, do not accept the first number. Your car's pre-accident market value is almost always negotiable. We have a six-step playbook.
If your car was repaired and you live in any state except Nebraska, you may be owed compensation for the post-repair resale loss. Most people never file.
Almost every policy has one. Most owners never use it. We generate the demand letter for you.
Every hour out of work. Every Uber to a doctor's appointment. Every co-pay. These are recoverable. Document them daily.
Gaps in treatment are the #1 thing insurers use to lowball settlements. If your doctor recommends physical therapy, go.
Medical treatment plateaus. Start preparing the demand. Watch the deadlines.
Most cases reach "maximum medical improvement" in this window. Once your treatment plateaus, you have a real picture of what your case is worth. This is when settlement negotiations get serious — and when statute-of-limitations clocks start mattering.
Louisiana is the shortest in the country (1 year). Most states are 2–4 years. Knowing your deadline is non-negotiable.
Your demand is built on these. If a bill is missing, it is not in the settlement.
We have templates. Most demand letters are also too low because the victim does not know what categories of damages they can claim.
Powered by the AskMatlock $15B research. Tells you what represented and unrepresented cases settle for in your state.
Lien resolution, lawsuit decisions, and final settlement.
If your case has not settled by 90 days, the path forward is one of: prolonged negotiation, formal mediation, or filing suit. Liens (Medicare, Medicaid, ERISA, hospital) start to dominate the net-recovery math. This is the stage where representation matters most for serious-injury cases.
If you are Medicare-eligible, CMS will come for a share. Get the letter early so you can dispute unrelated charges.
If you got treatment through an employer health plan, the plan likely has a reimbursement claim. The plan document controls; reductions of 30–60% are typical with leverage.
If the insurer's offer is below your demand, you have a real decision. Filing a lawsuit costs time and money but often unlocks higher offers.
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