First Steps After a Car Accident: How to Protect Your Property Damage Claim
The first few days after a crash determine everything. Attorney Brad DeBry walks through the crash diary, insurance calls, tow yard traps, and the one thing most people forget.
Start a Crash Diary — Right Now
Attorney Brad DeBry is adamant about this: "You need to start a crash diary. Get a simple notebook. You're going to keep track of everything that happens. These notes will help you keep track of all the information and they'll be important later if you can't settle your claim."
At the beginning of your journal, write your name, the date, and the title "My Crash Notes in Anticipation of Litigation." That last phrase matters — it can help protect your notes under attorney-client privilege if the case goes to court.
Write down every conversation: date, time, person you spoke to, anyone else present, and what was said. This becomes your record of everything.
Calling the Insurance Companies
You need to call two insurance companies — yours and the other driver's. The approach is different for each.
Your insurance company: Call the number on your insurance card. They'll ask about the crash, damage, and injuries. Read your answers directly from your crash facts sheet so your answers are always consistent. "If you don't know an answer, tell them you don't know."
The other driver's insurance: This is the dangerous call. As DeBry warns: "They're the enemy. They'll use everything and anything they can against you." Keep it simple. Don't apologize. Don't admit fault. Give basic facts only. If they ask to record the call, tell them no.
The Tow Yard Trap
This is where people lose thousands of dollars unnecessarily. Brad DeBry has seen it countless times: "I had a client named Jerry who didn't know where his car was. It took us two weeks to track it down. In that time, there were thousands of dollars in extra storage."
Tow yards charge $35-75 per day in storage fees. If neither insurance company agrees to pay, you're on the hook.
DeBry's advice: "Unless an insurance company tells you in writing that they're taking care of the tow and storage, assume they won't." If you can't pin down insurance payment in the first week, get your car out. A $200 tow bill is better than a $2,000 storage bill.
Don't Trust Insurance to Handle Everything
DeBry is blunt: "The insurance companies are not your friend. They're in business to pay out as little money as possible. Even your own company. You have to do your homework to get a good result."
Your first-week checklist:
- Start your crash diary
- Review and refine your crash story
- Call both insurance companies to open claims
- Find your car if towed — confirm who's paying storage
- Get the police report
- Take photos of all damage
- Contact witnesses
- Start researching your car's value
Frequently Asked Questions
Should I give a recorded statement to the other driver's insurance?
No. You are not required to. They will use it to minimize your claim. Politely decline.
How quickly should I get my car out of the tow yard?
Immediately. Storage fees are $35-75/day. If insurance isn't confirmed paying within a week, get the car out yourself.
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