Can you still file a car accident claim if you didn’t go to the er right away?

Distressed man sitting in front of a damaged car after a crash, holding his head in frustration—representing the emotional impact and urgency to file a car accident claim.

If you didn’t go to the emergency room after your crash, you might be wondering—can you still file a car accident claim? The short answer is yes. But the longer answer involves understanding how insurance companies—and potentially a court—will view your delay in seeking medical attention. Fortunately, a delay doesn’t always mean you lose your right to compensation, especially if you take the right steps now.

Let’s break down what matters most when it comes to filing a car accident claim in New Jersey, even if you didn’t get checked out at the ER immediately after the collision.

Why Medical Attention Matters for Your Car Accident Claim

When you file a car accident claim, documentation is everything. Medical records serve as key evidence of your injuries and how they relate to the crash. Insurance adjusters use them to determine the seriousness of your injuries and how much to offer in a settlement. If there’s a gap between your accident and when you sought care, they may try to argue:

Your injuries weren’t serious
Something else may have caused your pain
You’re exaggerating your symptoms

Even so, a delay in treatment does not automatically disqualify your car accident claim. It just means you’ll likely need to provide additional proof that your injuries stem directly from the crash.

Delayed Symptoms Are More Common Than You Think

It’s not unusual to feel “fine” right after a crash. In fact, some of the most serious injuries don’t show symptoms until hours—or even days—later. Common delayed-onset injuries include:

Whiplash – often takes 24–48 hours to appear
Concussions or mild traumatic brain injuries – may take days before memory issues or dizziness show up
Internal bleeding – not always visible at the scene
Soft tissue injuries – like bruising, sprains, and strains that worsen over time
Back or spinal injuries – which might not flare up until inflammation sets in

If you started experiencing symptoms later and sought treatment as soon as you noticed something wrong, you can still build a strong car accident claim.

What to Do If You Didn’t Go to the ER Right Away

If you didn’t need to go to the ER after your accident, here’s what to do next to protect your claim if and when symptoms appear :

1. See a Doctor Immediately

Schedule an appointment with your primary care doctor, urgent care, or a specialist. Let them know you were recently in a car accident and describe any symptoms you are experiencing. Be sure to mention the car accident when meeting with the doctor so it can be included in your medical records.

2. Document Everything

Keep a journal of your symptoms, including when they started
Save receipts for prescriptions or over-the-counter medications
Take photos of visible injuries
Keep track of missed work or changes in your ability to work

3. Don’t Discuss Your Injuries Online

Avoid posting updates on social media about your health, activities, or accident. Insurance companies can and do monitor posts to look for evidence to minimize your car accident claim.

How Insurance Companies May Challenge a Delayed Car Accident Claim

Insurance companies are always looking for reasons to lower your payout. If there’s a delay in treatment, they may try to argue:

“You weren’t really hurt.”

They might say that if you didn’t need to go to the ER, your injuries couldn’t have been serious.

“You were hurt somewhere else.”

A delay opens the door for them to claim your injury happened at work, at home, or even during a workout—anything but the crash.

“You made your injuries worse by waiting.”

They may argue that your condition worsened because you failed to get timely treatment, and therefore, they shouldn’t be responsible for the full cost of care.

These arguments are not always successful but they do mean it’s more important than ever to work with a legal team that can connect your injury to the accident with clear, compelling evidence.

Filing a Car Accident Claim Without an Immediate ER Visit

You’re not alone if you didn’t go to the ER after your crash. People often skip it because they:

Felt okay at the time
Wanted to avoid medical bills
Didn’t have a ride or insurance
Thought their pain would go away on its own

But once you realize you’re injured, the clock starts ticking. In New Jersey, you typically have two years from the date of the crash to file a personal injury lawsuit, although depending on the Defendant in your case you may have as little as 90 days to provide the legal Notice necessary to preserve your claim. However, delays in treatment can shorten the window in which it’s practical to file, especially if key evidence becomes harder to collect.

So, even if you didn’t get treated right away, it’s critical to speak with an experienced personal injury lawyer as soon as possible to assess your car accident claim and your options for moving forward.

Supporting Evidence That Can Help Strengthen Your Case

If you didn’t receive immediate medical treatment, other forms of evidence can still support your car accident claim. For example:

Witness Statements

People who saw the crash or noticed changes in your condition afterward can help connect the dots.

Vehicle Damage Photos

Images showing the severity of the crash can support the argument that an injury was likely.

Expert Medical Opinions

A physician can offer a written statement explaining how your injury aligns with the crash, even if you didn’t seek immediate care.

Surveillance or Dashcam Footage

Video from traffic cams or your own dashcam may provide proof of the accident and its impact.

Can a Delay Hurt Your Claim? Yes. But It Doesn’t End It.

While it’s always better to get medical attention right away if you were injured in the accident, failing to do so doesn’t erase your right to file a car accident claim. You can still seek compensation for:

Medical expenses
Lost wages
Pain and suffering
Property damage
Long-term care, if needed

Just know that the longer the delay, the more challenges your claim may face. The good news? With the right approach and legal guidance, you can still recover what you’re owed.

When to Contact a Personal Injury Lawyer About Your Car Accident Claim

If you’re dealing with the aftermath of a crash but didn’t go to the ER right away, you’re probably already facing pushback from insurers. A personal injury lawyer can help level the playing field and make sure your injuries and losses are fully documented and properly valued.

Working with a legal team also ensures you don’t miss critical deadlines, overlook compensation you’re entitled to, or fall into common insurance traps that hurt your case.

Don’t Let a Delay Cost You the Compensation You Need — Call Team Law for a Free Case Evaluation

At Team Law, we understand that not every injury shows up right away. If you’re hurting after a crash—even if you didn’t go to the ER immediately—you may still have a valid car accident claim. Our team has helped injured drivers across New Jersey build strong cases, even when the treatment was not immediate. We’re here to listen to your story, review the details of your crash, and fight to secure the full compensation you need to move forward.

Ready to explore your legal options? Contact Team Law today for a free consultation. We represent clients in Belleville, Mount Arlington, Clifton, West New York, and throughout New Jersey.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.