Claim file checklist: the records to keep after a car accident

How to use the checklist#

1. Tick what happened. Choose every statement that fits, such as "I was injured" or "Police came to the scene". With none ticked, you see every item.
2. Read the list. Items are grouped in five parts: the crash scene, medical, money and work, insurance, and legal deadlines. Each item has a short reason and, where we have one, a link to the guide that explains it.
3. Tick items off. Tick boxes are remembered in this browser only, so you can come back later on the same device. "Clear ticks" removes them.
4. Print it. The print button prints the checklist alone, ready for a folder. Your browser's print dialog can also save it as a PDF.

The address updates as you choose, so you can send someone a link to the same list. Without JavaScript, press the button to build the list, and print with your browser.

The five parts of a claim file#

The crash scene. Photos, the other driver's details, witness names and your own notes are easiest to collect in the first days. If police came, the report number lets you order the report; our guide to the police report explains how to get it and fix errors. In Texas, for example, an officer must file the report within 10 days of the crash.

Medical. Records from every provider, every bill and every explanation of benefits show what the injury was and what it cost. Under HIPAA, a provider generally has 30 days to act on your request for copies. Our guide to medical records covers how to ask and what a provider may charge.

Money and work. Proof of income from before the crash and of the work you missed backs up a claim for lost wages. Repair estimates, towing and rental receipts support the property damage claim.

Insurance. Your own policy's declarations page lists the coverage you can use, such as PIP, MedPay or uninsured motorist coverage. Keep every letter and email from both insurers, and a dated log of calls with claim numbers and adjuster names. Read anything the other driver's insurer sends before signing it, especially a releaseRelease. The document you sign when you settle. It usually ends your right to claim more for the same crash, so read it carefully. Glossary or a hipaa authorizationHIPAA authorization. A signed form that lets a doctor, hospital or other provider release your health information to someone else, such as an insurer. It must say what is released, to whom, why and when it expires. Glossary.

Legal deadlines. The filing deadline is the date that matters most. The deadline date calculator shows when your state's general deadline would fall.

Extra records for trucks, rideshare trips and government claims#

Commercial trucks and work vehicles. The company, not only the driver, may be responsible. Carriers have to keep drivers' hours-of-service records for 6 months, so evidence such as logs and electronic data can disappear. A preservation letterPreservation letter. A letter asking a person or company to keep specific evidence, such as driving logs, video or vehicle data, because a claim is likely. Glossary asks the company to keep it, and destroying evidence after such a request can count as spoliationSpoliation of evidence. Destroying, losing or altering evidence that should have been kept for a likely claim. Courts can penalize it, for example by telling the jury it may assume the evidence was unfavorable. Glossary. Federal rules also require post-crash alcohol and drug tests of the truck driver after any crash in which someone dies, and crashes in which the truck driver is cited for a moving violation and someone is treated away from the scene or a vehicle is towed away. Our guide to truck accidents explains who can be liable.

Rideshare trips. Which insurance applies depends on whether the driver's app was on and whether a trip was under way, so screenshots of the trip matter. Rideshare companies are usually called a transportation network companyTransportation network company (TNC). The legal name for a rideshare company, such as Uber or Lyft, that uses an app to connect riders with drivers who use their own cars. Glossary in state law.

Government vehicles and roads. Claims against a city, county or state agency often need a written notice within months, long before the lawsuit deadline. For a federal agency, the claim is a signed Standard Form 95 or other written notice of the incident, with a claim for money damages in a sum certain, presented within 2 years. Keep a copy of any notice and proof of when it was delivered.

Keeping the file in order#

One folder, paper or digital, with a section for each part of the checklist makes the claim easier to manage. Many people keep the originals and send copies, write the date on every document and keep a log of calls. Scanning paper bills and letters protects them against loss. If you later work with a lawyer, an organized file saves time at the first meeting.

What the checklist does not do#

It does not tell you whether you have a claim or what it is worth, and it does not cover every situation. Some cases need more, such as records for a child's injury, a work injury covered by workers compensationWorkers' compensation. State insurance systems that pay medical care and part of lost wages to workers hurt on the job, usually whoever was at fault. Glossary, or a claim in another state. A licensed attorney in your state can tell you what your claim needs.