In practice, one statement is often repeated in insurance claim proceedings: the outcome of a case is often determined by the first hours after the incident. This applies to personal injuries, property damage, and transport losses alike. Most of the evidence that later forms the basis for assessment by the insurer, adjuster, or court is gathered during this short period.

Many claimants focus solely on the incident itself, forgetting that from the insurer’s perspective, the most important aspect is proving how the event occurred and the extent of the damage. A lack of proper documentation early in the process often leads to situations where the claim is disputed, not because the damage did not occur, but because it was not properly documented.

Therefore, the first 24 hours after an incident should be treated as a crucial stage in building the evidentiary record. Actions taken during this time can determine the possibility of obtaining compensation or significantly complicate the claims process.

Securing the Scene and Documenting the Incident

The first step should always be securing the site and documenting what happened. In practice, this primarily means taking as extensive photographic documentation as possible. Photos should cover not only the damage itself but also the surroundings, vehicle positions, infrastructure damage, road signage, and weather conditions. The more details captured in photographs, the harder it will be to later challenge the account of events.

A common mistake is taking a few general photos showing only a fragment of the damage. From an evidentiary standpoint, photographs from different perspectives—showing both details of the damage and the overall context—are crucial. In practice, adjusters often reconstruct the mechanism of damage based on such photos.

Collecting Participant Data

It is equally important to collect information from all participants. In traffic accidents, this includes not only the drivers’ personal data but also vehicle information, insurance policy numbers, and insurance company names. If witnesses are present, their contact details should also be recorded. In many cases, witness statements become key evidence confirming the course of events.

Drafting a Statement of the Incident

Another important task is creating a statement detailing the course of the incident. This document should describe the circumstances of the damage as accurately as possible. Ideally, it should be prepared at the scene while memories are fresh and details have not faded.

Caution is advised when signing documents prepared by the other party. Such statements are often one-sided and may contain language implying acceptance of liability. In these cases, carefully read the document before signing or prepare your own version of the incident report.

Reporting the Claim

In the first hours after an incident, it is crucial to notify the insurer. Many people delay this step, assuming it can be done later. However, prompt reporting is practically very important. The insurer can send an adjuster to inspect the damage and secure evidence.

Delaying notification often makes it impossible to verify some circumstances of the incident. From the insurer’s perspective, a lack of quick response may be seen as an obstacle to the claims process.

Preserving Damaged Property

For property or transport losses, it is also important to secure the damaged items. Repairs or alterations should not be made before inspection by the insurer or adjuster. Otherwise, there may be claims that the actual extent of the damage was not properly documented.

Preserving Documentation

All documentation related to the claim should be kept, including receipts, invoices, transport documents, or medical records in the case of personal injuries. Each of these documents may serve as evidence of the loss’s extent in the future.

Making Personal Notes

It is also helpful to make personal notes about the incident’s course. Details fade over time, and minor elements can be forgotten. A firsthand account prepared immediately after the incident often proves very useful later in the claims process.

Communicating with the Insurer

Initial contact with the insurer can significantly influence the case. During phone calls or email correspondence, do not make hasty statements regarding liability or causes of the damage. In practice, any such statement may be used later in the claims process.

Consulting a Professional

In many cases, it is worth consulting a professional legal representative or claims advisor at this early stage. A specialist can help properly secure evidence and advise on actions that will not weaken your position with the insurer.

Conclusion

Experience shows that the greatest difficulties in obtaining compensation do not arise from the incident itself but from errors made immediately afterward. Lack of documentation, imprecise statements, or premature repairs can significantly hinder proving the extent of the damage.

Therefore, the first 24 hours after an incident should be treated as a critical moment for the future claims process. Proper actions taken during this period allow evidence to be secured, reduce the insurer’s room for interpretation, and significantly increase the chances of receiving full compensation.

Author: Michał Krawczyk
Trainee Legal Advisor at Trans Lawyers Law Firm

www.translawyers.eu