After an Accident, Who Should You Talk to First?
The first few hours after an accident are often filled with confusion and stress. You might feel pressure to talk to several people—police officers, medical staff, insurance adjusters, even the other party involved. What you say, and to whom, can directly affect your personal injury claim.
If you speak to the wrong person too soon or say more than you should, you might hurt your ability to recover compensation. At the Law Office of Steven R. Smith, I believe it’s important for victims to understand precisely who they should speak with first and how to handle the early stages of a potential case. If you've been injured in an accident in New York, Long Island, and surrounding areas, including Hempsted, Westbury, Mineola, and New Hyde Park, call my office to schedule a consultation.
Always Speak to Medical Professionals First
Your health has to come first. Even if you think your injuries are minor, it's crucial to get evaluated by emergency medical staff at the scene or visit a doctor shortly afterward.
New York law doesn’t require immediate treatment to file a personal injury claim, but waiting can damage both your health and your case. Many injuries—like concussions or soft tissue damage—don’t appear immediately.
When you get medical care, a record of your condition is created. That medical documentation helps prove the extent and timing of your injuries. Be honest with medical providers, but don’t speculate about how the accident happened. Say what hurts, how you feel, and what symptoms you’re noticing. Leave questions about fault and cause for later discussions with your attorney.
File an Official Report with Law Enforcement
If you're involved in a car crash that causes injury or significant damage in New York, you’re required to file a report with law enforcement. Officers arriving on the scene will gather facts and document the incident.
This report can support your personal injury case later, as it includes objective information like the time, location, road conditions, and witness statements. When speaking to police, be factual and direct.
Avoid admitting blame or explaining things emotionally. Even if you think you might be partially responsible, it’s best to remain quiet on that issue until you’ve had legal advice. Saying something like “I didn’t see the stop sign” might be used against you, even if you were injured due to the other party’s reckless behavior.
Be Careful When Speaking with the Other Party
After an accident, especially one involving a car or bike, it's common to speak to the other party involved. You’ll need to exchange names, insurance details, and contact information. But that’s where the conversation should end.
Don’t apologize. Don’t guess about what happened. Don’t say “I’m fine” if you’re unsure. Any of those statements could later be turned into evidence against your personal injury claim. Even casual phrases can be twisted. You’re not being rude by staying quiet—you’re protecting your rights. Keep communication brief and factual.
Avoid Giving Statements to Insurance Adjusters Right Away
Soon after the accident, you’ll likely receive a call from an insurance adjuster—either from your own company or the other party’s. They may ask for a recorded statement. It’s important to remember that these adjusters work for the insurance company, not for you. Their goal is to settle your claim quickly and for as little money as possible.
You are not legally required to speak with the other party’s insurance company, and we strongly recommend that you don’t until you’ve spoken with a lawyer. Even your own insurer might use your words to limit what they’ll pay. You should report the accident, but don’t give details about injuries or causes until you’ve received legal advice.
Contact a Personal Injury Attorney Early
One of the most effective steps you can take after an accident is contacting a personal injury attorney. They will explain your rights, advise you on what to say (and not say), and handle communication with insurers. In New York, the statute of limitations for most personal injury claims is three years, but waiting makes it harder to collect evidence and locate witnesses.
The earlier you involve an attorney, the stronger your position will be. They can help gather surveillance footage, medical records, and statements while everything is still fresh. More importantly, they can help keep you from saying something damaging to your case.
Notify Your Insurance Company Promptly
Even if the accident wasn’t your fault, you usually have to report it to your insurance provider. Many policies have clauses requiring prompt notification, and failing to do so could affect your coverage. That said, you should be cautious.
Keep the conversation basic—time, place, names, and damage. Avoid guessing about fault or making statements like “I didn’t see them.” Your lawyer can follow up later and provide details on your behalf. Let your insurer know the facts but hold off on discussing your injuries or how the crash happened.
Don’t Post Anything on Social Media
Social media can seem like a harmless outlet after an accident, especially if you're trying to let friends and family know what happened. But even one post can severely damage a personal injury case. Insurers and defense attorneys often search for social media evidence.
A photo of you smiling, a status saying you’re “doing fine,” or a check-in at a restaurant can be twisted to claim you aren’t as injured as you say. That’s why it’s best to stay off social media entirely during a personal injury case. If you must use it, don’t talk about the accident, your injuries, or your recovery.
Be Honest but Focused with Medical Providers
In the days and weeks following an accident, you’ll probably visit multiple doctors. Always be honest about how you’re feeling and what symptoms you’re experiencing. But once again, don’t try to explain what happened.
Say “I was in a car accident” or “I was hit while walking” but avoid details like “I didn’t see the other car.” Those statements may end up in your medical record and be used later to undermine your personal injury claim. Let the medical staff focus on your treatment, and your lawyer handle the legal issues.
Stick to the Right Order of Communication
To help protect your health and your legal rights, it’s important to speak to the right people in the right order. Below is a clear guide to who you should talk to after an accident, and when.
Medical professionals on the scene to treat any injuries and document symptoms
A primary care doctor or urgent care provider for follow-up evaluation and diagnosis
Law enforcement officers, so the incident is officially recorded
The other party involved, but only to exchange necessary information
A personal injury attorney before speaking with insurance companies or providing statements
Your insurance provider to meet policy requirements and report the accident
Additional doctors or therapists to continue your recovery and support your claim
Avoid contact with the other party’s insurer until represented by legal counsel
Stay away from social media posts about your accident, injuries, or treatment
By following the proper order of communication after an accident, you can protect both your health and your legal rights, ensuring that your case is handled effectively from start to finish.
Don’t Let Early Mistakes Undermine Your Claim
Saying the wrong thing to the wrong person can undermine even the strongest personal injury case. New York’s laws allow injured parties to seek compensation, but insurance companies use every opportunity to reduce payouts. That includes combing through medical records, police reports, and recorded statements.
If you’ve said something that appears to accept blame or minimizes your injury, they will use it against you. The best way to protect yourself is to speak with a lawyer before you talk to anyone else beyond medical staff or the police. An experienced attorney will guide you through the process and shield you from the tactics used by insurers.
Reach out Today
At the Law Office of Steven R. Smith, I've seen how the right words—and silence at the right time—can shape the outcome of a personal injury case. My law firm proudly serves New York and Long Island, including the areas of Hempstead, Westbury, Mineola, and New Hyde Park. Call today for legal representation in an accident case.