Steps to Take Immediately After an Accident to Protect Your Rights

10.29.25

 

Being involved in an accident can be confusing, stressful and full of unknowns. What you do (or don’t do) in the minutes and hours after the incident can significantly affect your health, your insurance claims and your rights. Below are the key actions you should take right away – and why each matters.

Also, review our guide on Common Mistakes to Avoid in a Personal Injury Claim.

1. Ensure safety and call for help

Your first priority is always health and safety. If you or any passengers are injured, call 911 immediately. Even if everyone appears OK, it’s wise to have a medical professional check you out – injuries such as whiplash or internal trauma may not show symptoms right away.

If your vehicle is still drivable, move it (and yourself) to a safe location – out of the flow of traffic if possible, with hazard lights on. This reduces the risk of secondary collisions and demonstrates responsible action.

Steps to Take Immediately After an Accident to Protect Your Rights and Your Personal Injury Claim

2. Notify law enforcement / get a police report

Having an official police or crash-report carries two important benefits: it adds credible third-party documentation of the incident, and it often triggers legal or insurance-process rights. Many jurisdictions require a report if there’s injury or significant damage.

At the scene, when interacting with the officer: provide factual answers, get the officer’s badge number, and after they leave, request a copy (or the report number) for yourself. Don’t speculate or admit fault.

3. Document the scene thoroughly

Before evidence disappears, document everything you can. This includes:

  • Photographs or video of all vehicles involved (from multiple angles).
  • Road conditions, traffic signs/signals, skid marks, weather or lighting conditions.
  • Visible injuries (yours and any others) and property damage.
  • Time, date and exact location of the accident.
  • Names & contact information of any witnesses.
    Collecting this evidence preserves the facts and will support insurance claims (and legal claims, if needed). 
Document the scene thoroughly for your Personal Injury Claim

How to Document the Scene Correctly after a Car Accident

4. Exchange information – but don’t admit fault

Get the essential information from every other driver and vehicle involved:

  • Driver’s name, contact info, driver’s license number.
  • Insurance company and policy number.
  • Vehicle make/model/year/license plate.
  • Address of the owner (if different from driver).
    This exchange helps your insurer and any future claimants track down liability and damages. At the same time, do not admit fault, apologize in a way that sounds like fault imposition, or provide a recorded statement on what happened. Stick to the facts (“here’s what I saw”) and let investigations determine liability.

5. Notify your insurance carrier and preserve your rights

Contact your own insurance company as soon as you are able – many policies require very prompt notification. Provide the basic facts (time, place, other driver info, injuries/damages) but again: avoid admitting fault. Be honest and consistent. Delays or misstatements can undermine your claim.

What to Do If an Insurance Company Denies Your Personal Injury Claim in South Carolina

6. Seek medical attention – even if you feel fine

As noted above, some injuries become apparent only later (e.g., concussion, internal bleeding, soft-tissue damage). A prompt medical evaluation accomplishes two things: it protects your health and it creates a medical record linking the injuries to the accident. That record may be critical if you later seek compensation for medical bills, lost wages or pain and suffering.

Seek medical attention - even if you feel fine after a personal injury

7. Keep detailed records and track your losses

Over the coming days and weeks, continue to compile and maintain all related records:

  • All medical bills, receipts, treatment plans.
  • Vehicle repair estimates, rental car receipts (if applicable), property damage costs.
  • Records of any lost income because you couldn’t work.
  • All communication with insurers or other parties.
    Maintaining a clear, organized file helps you demonstrate the full extent of your damages – and supports stronger settlement or litigation outcomes if needed.

8. Don’t ignore statutes of limitation or deadlines

Every state has deadlines for filing certain legal claims (statutes of limitation) and for reporting accidents to insurance companies or law enforcement. Failing to act within those timelines can permanently limit your rights. For example, in some jurisdictions you must file a report or claim within a relatively short window.

9. Consider legal advice if liability or injuries are significant

If you’ve suffered serious injuries, long-term impairments, or there’s a dispute over who was at fault, consulting an attorney early may protect your rights. While this is more obviously legal-advice territory, the key is this risk factor: once insurers or opposing parties begin investigations or negotiations, you’ll want someone experienced reviewing the facts, evidence and legal options. (Note: this step is about preserving rights, not automatically “you must hire a lawyer.”)


Why these steps matter for your rights

By following the above steps, you help ensure that:

  • You safeguard your health and document any injuries.
  • You preserve evidence while the scene and people’s memories are fresh.
  • You remain in compliance with legal and insurance obligations.
  • You avoid inadvertently weakening your position (for example by admitting fault or skipping documentation).
  • You set yourself up to pursue fair compensation (if applicable) for damage, injuries, expenses and losses.

Special considerations for Charleston / South Carolina

Since you’re operating in Charleston, SC, you’ll want to tailor the above to reflect state-specific rules:

  • South Carolina’s statute of limitations for personal injury claims is generally 3 years from the date of the injury.
  • Be aware of any state-specific crash-reporting requirements (for example if injuries or property damage exceed certain thresholds).
  • Check your insurance policy for any South Carolina-specific prompt-reporting requirements.
  • If there were pedestrians, cyclists or multiple vehicles involved (such as a truck), that may trigger additional rules or enforcement.

Conclusion

An accident can be overwhelming – but how you respond in the minutes, hours and days following the incident can make a significant difference in protecting your health, finances and legal rights. Prioritize safety, document everything, report what you must, avoid premature statements of fault, and keep detailed records. If your situation involves serious injuries or disputes, consulting someone experienced in accident-law and insurance is a wise next step.

We can help. Contact Mastantuno Law Firm for a free consultation today.