One wrong word can cost you. Here’s how to protect your case when figuring out what to do after a car accident.
When you’re hurt in a crash, your first instinct might be to downplay your injuries, stay tough, or casually mention what you were doing before the pain started. But one small comment to a doctor can seriously affect the outcome of your injury claim. Here’s what you need to know.
What’s in This Guide
- Why It Matters What You Say
- What Not to Say After a Car Accident
- Be Cautious: Your Words Matter
- Why You Shouldn’t Say “Sorry” or Admit Fault
- What Should You Say Instead?
- FAQs You Should Know
- A Note on So-Called “Runners”
- Talk to a Lawyer Before You Talk to Anyone Else
Why It Matters What You Say
After a car accident, your medical records become some of the most important evidence in your personal injury claim. What you say to your doctor doesn’t just stay in the exam room; it gets recorded, reviewed by insurance adjusters, and sometimes even used in court.
Insurance companies go through your medical records line by line looking for:
- Anything that makes your injury sound minor
- Contradictions about how the crash happened
- Comments suggesting your injuries were pre-existing
- Mentions of physical activity that could shift the blame off the accident
If you’re wondering what to do after a car or motorcycle accident, protecting your medical record is step one. It doesn’t matter if you were just trying to sound tough or keep things casual. One stray comment can be twisted into a reason to deny or reduce your settlement. Read more on what to do from the DMV.
Read more in our Top 5 Tips for Dealing With Insurance Companies After a Car Accident.
For a free legal consultation call (212) 977-2020
What Not to Say After a Car Accident
You don’t have to lie, but you do need to be mindful. Avoid saying things like:
- “I’m fine now” (even if you feel okay at the moment)
- “I had this issue before the crash” (unless your doctor asks specifically)
- “I went back to the gym” or “I helped my friend move last week”
Those statements will show up in your medical notes and can be used to argue that your injuries aren’t severe or aren’t accident-related.
Why You Shouldn’t Say “Sorry” or Admit Fault
Saying “sorry” or “I should’ve seen them” to a doctor might seem polite or harmless. But these words could suggest you were at fault. Even if the crash wasn’t your fault, adjusters may use your own words against you.
Let the medical staff document your injuries, but don’t make guesses about how the crash happened, who was at fault, or what caused the pain.
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What Should You Say Instead?
Focus on:
- Where it hurts
- When the pain started
- How the injury affects daily activities (sleeping, walking, working)
- Any new or worsening symptoms
This keeps the record focused and accurate, without oversharing.
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FAQs You Should Know
How soon after a car accident should I see a doctor?
Immediately. Waiting too long can hurt your health and your case.
How long after a car accident can you claim injury?
In New York, you generally have up to three years, but the sooner you start, the stronger your case will be.
Should I get a lawyer for a car accident?
Yes. Even if the accident seems minor, a lawyer can help you avoid costly mistakes and make sure your rights are protected. Even if your legal status is undocumented, you still deserve NY representation.
What happens if you don’t go to the doctor after a car accident?
Insurance companies may argue your injuries weren’t serious or were caused by something else.
What should I not tell an insurance adjuster?
Don’t admit fault, guess what happened, or downplay your injuries. Speak to a car accident lawyer first.
Does saying “sorry” admit fault?
It can be interpreted that way. Say you’re shaken up or concerned, not that you’re responsible.
What are some delayed symptoms after a car accident?
Neck and back pain, headaches, numbness, or dizziness can show up days later. Mention anything new to your doctor right away.
Read more frequently asked questions and our answers.
A Note on So-Called “Runners”
If someone shows up at the accident scene or calls you claiming they can help or refer you to a doctor or lawyer, be careful. These “runners” are often working for profit, not for you. Never trust someone who just appears out of nowhere. Always talk to a licensed personal injury lawyer you can verify. For more, check out our recent IG post on a viral dashcam video from TikTok exposing car accident scammers.
Talk to a Lawyer Before You Talk to Anyone Else
At Chaikin Trial Group, we’ve secured over $100 million for New Yorkers injured in accidents. We know what insurance companies look for, and we help you avoid the traps that can hurt your claim.
If you were hurt in a car accident and aren’t sure what to say (or what you might have already said), give us a call. We’ll walk you through your options.
Call or message us for a free consultation.
Legal Disclaimer: If you believe this information is relevant to your situation, please contact our office directly to schedule a consultation. Mr. Chaikin is licensed to practice law in New York. The blog herein is not legal advice and does not create an attorney/client relationship with Chaikin Trial Group. The blog is in the form of legal education and is intended to provide general information about the matter within the topic.
Call or text (212) 977-2020 or complete a Free Case Evaluation form
