What to Do at the Accident Scene to Protect Your Property Damage Claim
The first 30 minutes after a crash determine the strength of your claim. Attorney Brad DeBry walks through exactly what to document, who to talk to, and what mistakes to avoid.
The First 30 Minutes Matter More Than You Think
The decisions you make at the crash scene directly affect how much money you'll recover later. Brad DeBry has seen it firsthand: "In one case, the defendant gave the cop his insurance card instead of his driver's license — and it wasn't his car. The police wrote down the wrong name. We ended up having to sue and go through depositions. The bottom line is the details matter."
Most people are shaken up after a crash. They exchange information, take a few photos, and leave. That's not enough. Here's the complete checklist that protects your property damage claim.
At the Scene: Your Checklist
1. Call police — always. Even for "minor" accidents. A police report documents who was present, what happened, and often who was at fault. Without it, liability becomes a he-said-she-said.
2. Document everything with photos: - All vehicles from every angle (close-up and wide shots) - License plates of all vehicles involved - Driver's licenses and insurance cards - Road conditions, traffic signals, stop signs - Skid marks, debris, point of impact - Your injuries (if any)
3. Get witness information. Names, phone numbers, and what they saw. DeBry emphasizes: "Crash scenes are incredibly stressful and witnesses may have left things out. Call them later and talk to them."
4. Look for video cameras. Gas stations, businesses, doorbell cameras, traffic cameras. "Video can make all the difference in the world in proving your case." Note the locations — you or your attorney can request footage before it's overwritten.
5. Do NOT admit fault. Don't say "I'm sorry" or "I didn't see you." Anything you say can be used to assign you partial fault, reducing your recovery.
6. Do NOT discuss the accident with the other driver's insurance. You'll get a call within hours. You're not required to give a statement. Say "I'm not ready to discuss this yet" and end the call.
After the Scene: Protect Your Claim
Start a crash journal. Write down everything you remember about the accident while it's fresh — time, weather, road conditions, what you saw, what the other driver said.
Don't rush repairs. Get a thorough damage assessment. Hidden damage is common — structural issues often aren't visible until panels are removed.
Don't accept the first offer. The insurance company will move fast to settle before you understand the full scope of your damages. You have 3 years under Utah Code §78B-2-305(2). Take the time to do it right.
Consider all your damages. Repair costs are just the beginning. You may also be owed diminished value, rental car/loss of use, sales tax on a replacement, and personal property damage. The insurance company won't mention these — you have to claim them.
Frequently Asked Questions
Should I call police for a minor fender bender?
Yes. Always. A police report documents the accident, identifies witnesses, and often assigns fault. Without one, you have no official record and liability becomes much harder to prove.
How long after an accident can I file a property damage claim in Utah?
Utah Code §78B-2-305(2) gives you 3 years. But file as soon as possible — evidence is fresher, market data is more accurate, and you'll get paid sooner.
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