Claim Process

Step One: Obtain and Review the Police Report

The police report is the most important single document in a traffic-accident claim. It contains the responding officer's description of the collision, a diagram of vehicle positions, witness contact information, and any citations issued. Request your copy as soon as the department releases it — most jurisdictions make reports available within a few business days.

Review the report carefully. Officers sometimes record wrong vehicle positions, mistake the direction of travel, or omit a witness. If you find an error, file a supplemental statement with the department. Your supplement becomes part of the official record and can be referenced during negotiations or at trial. If the other driver was cited for a traffic violation, note the specific statute — that citation anchors your liability argument.

Step Two: Secure Traffic-Camera and Surveillance Footage

Intersections equipped with red-light cameras, speed cameras, or municipal traffic-monitoring systems may have captured the collision. Contact the local traffic-management office and file a public-records request for footage from the date and time of your accident. Act within the first week because retention periods vary and overwriting is automatic.

Check for private surveillance as well. Gas stations, retail stores, banks, and office buildings near the intersection often have exterior cameras that cover the roadway. A written preservation request to each business creates an obligation to hold the footage. If any source refuses to cooperate, your attorney can issue a subpoena once litigation is filed. The goal is to lock down every angle of the collision before recordings disappear.

Step Three: Complete Treatment and Compile the Demand

Treat your injuries to maximum medical improvement before assembling the demand. Settling early leaves future medical costs on the table and undervalues the non-economic component of your claim. Once treatment is complete, your demand package should include the police report, all camera footage, witness statements, itemized medical bills, wage-loss documentation, and a narrative connecting the other driver's traffic violation to your injuries.

Non-economic damages — pain, anxiety about driving, reduced mobility, scarring — are commonly estimated at 1.5 to 5 times your economic losses. When the other driver was cited for a clear violation, the insurer has less room to dispute liability, which strengthens your argument for a higher multiplier. State the multiplier you believe applies and support it with physician statements about the duration and severity of your symptoms.

Step Four: Negotiation and Litigation

Send the demand to the at-fault driver's insurer and allow its contractual response period — usually thirty days. The initial counter-offer will almost always be lower than your demand. Each negotiation round should reference specific evidence: the citation, the footage, the medical timeline. Strong traffic-accident cases with unambiguous fault evidence tend to settle faster because the insurer's trial exposure is obvious.

If the insurer's position remains unreasonable after several rounds, filing a lawsuit preserves your rights and opens discovery. Depositions of the other driver, signal-timing records from the traffic-engineering department, and accident-reconstruction analysis can further strengthen your case. Statutes of limitations are commonly two to three years, but your state's deadline controls — check immediately, because claims against government entities often have far shorter notice windows.

This is general information, not legal advice — consult a licensed attorney in your state. trafficaccidentlawyer.us is an independent information site, not a law firm.