What you do in the hours right after a wreck can decide whether you get paid what you deserve — or nothing at all.
Your car is totaled. Your neck already hurts. Your kids are crying in the back seat, and a stranger’s insurance company is already calling before the tow truck even shows up. In that fog, almost nobody thinks about “evidence”; You think about getting home safe. But here’s the hard truth: the evidence that proves what happened to you starts disappearing the moment the crash is over.
The Myth: “The Police Report Has Everything I Need”
A lot of people believe the officer’s report is the whole story. It isn’t. Police reports are often based on a five-minute conversation at the scene, sometimes with only one driver’s version if the other left or wasn’t questioned closely. They rarely capture the things that actually win or lose a case.
What Actually Disappears
Skid marks fade off pavement within days. Nearby businesses often overwrite their security camera footage within one to two weeks — sometimes sooner. If the at-fault vehicle goes to a repair shop or a salvage yard, the data recorder inside it (yes, most modern cars have one) can be wiped, or the vehicle itself can be sold and lost forever. Witnesses who saw everything move on with their lives, forget details, or change phone numbers.
What You Should Do Right Away
If you’re able to, and it’s safe:
- Photograph everything — both vehicles, the road, skid marks, and your visible injuries.
- Get names and phone numbers of any witnesses before they leave.
- Get checked out by a medical provider the same day, even if you feel “okay”; Adrenaline hides pain, and same-day treatment ties your injuries to the crash.
- Do not give a recorded statement to the other driver’s insurance company. You’re not required to, and it’s not in your interest to guess at facts under pressure.
Why This Matters Legally
Once a company reasonably anticipates a claim, Minnesota law creates a duty to preserve relevant evidence — and courts can sanction a party that destroys it, a concept known as spoliation. That duty only helps you if someone puts the other side on notice quickly, in writing, before the footage is gone and the vehicle is scrapped.
If You’ve Been in a Crash
You don’t have to handle this alone, and you shouldn’t wait. Pacyga Trial Lawyers sends preservation letters that put insurers, trucking companies, and businesses on notice to save evidence now. The sooner we’re involved, the more there is to work with.
Call us at 612-339-5844. We’ll tell you straight what your case needs, starting with what to save right now.