Car accidents can be very scary, creating a situation that is overwhelming for people. In those moments, people tend to react without really thinking because of the shock they experience. This leads to common mistakes after a car accident that can significantly impact what happens next. These mistakes can especially impact any change that you may have at a settlement. By knowing what these common mistakes are, you are going to be less likely to make them. Then, you can be entitled to the compensation that you deserve.
1. Not Calling the Police
There are a few reasons why you should always call the police in an accident, especially if there were any damages or injuries. One reason is that the police can help gather evidence for you that will be extremely beneficial to your case. The car accident reconstruction work that their team does can provide you with excellent evidence that can prove your case. These are parties that are unbiased and just work to get the facts of the accident when making their report.
This unbiased opinion is something that is very beneficial to you. The crash report is typically highly detailed, citing all of the crucial information about the accident. They can track down witnesses/question witnesses on the scene of the accident, look at the evidence on the road, and take a lot of pictures of the scene. They will know exactly what to take pictures of to complete their investigation, which means you can get access to important images of the car accident.
There’s also the potential that the police will issue a citation to the other driver. If they were speeding, on their phone, or drinking, they will be cited for the accident and this will be noted in the accident report. This report will contain the pure facts of the accident, which can make a huge difference in the success of your claim.
But, if you don’t call the police, you don’t get this benefit. Without this official report, it’s a battle of “he said, she said”. In those cases, you may not be able to get the full compensation to which you are entitled. This is why calling the police is a good idea when there is any type of accident where there is damage. Not calling the Police is one of the common mistakes after a car accident.
2. Leaving the Scene of the Accident
Leaving the scene of the accident can turn a simple accident into a far more complex case. It’s natural to be terrified after any type of car accident. You’re panicking. You’re in shock. These are all normal emotions to have after a car accident. However, the minute you freak out and leave the scene of the accident, you end up transforming a simple accident into a crime.
As difficult as this may seem, you need to stay as calm as possible after your car accident. You need to stay on the car accident scene until the police come and tell you that you can leave. You should stay on the accident scene, even if the other driver said that there’s no need to call the police or that they are just going to ignore the accident. You never know if they are going to actually call the police after the fact and then falsely accuse you of a hit and run.
You should always stay on the scene of the car accident and exchange information with the other party. Even if they say they aren’t going to do anything about the accident, this way you have evidence that shows you didn’t commit a crime of a hit and run.
Leaving the scene of the accident before the police arrive on scene can significantly hurt your car accident claim and even make you look guilty. You need to make sure that all information has been exchanged, the police have been called and came to the scene, and anyone who needs medical attention gets the attention that they need.
If you are unsure of what you should do after an accident, you should call a lawyer while you are at the scene of the accident. They can give you advice on what you should do next to avoid accidentally committing a crime and to help improve your chances of receiving compensation for the accident. Leaving the scene of the accident is one of the common mistakes after a car accident.
3. Refusing Medical Treatment
There are a couple of reasons why this is a bad idea. One reason is that after an accident, you are often experiencing an adrenaline high. This means that you may miss signs that you have been injured. In many cases, you might not feel the injuries for hours or days after the car accident. You may not think that you are that hurt. You may end up missing an injury that can be potentially very serious, especially when it comes to a traumatic brain injury. You should seek medical attention immediately after an accident to ensure that you do not have any serious injuries.
The other reason why you should seek out medical attention right away is because this can cause issues for you if you eventually file a car accident claim with the insurance. By refusing medical treatment, you are saying that your injuries are not as serious as you say they are. This raises major red flags for your case because they will note when you received medical treatment after your car accident. You want your injuries to be taken seriously, otherwise this hurts your case.
When you receive medical treatment after your car accident, you can get a thorough medical report of your injuries and any ongoing care that you will need to recover. Having proof of your injuries is important because then they can’t be dismissed by the insurance company.
After you have sought out medical attention, it’s crucial that you follow the doctor’s orders. You need to be honest about all of the pain and other symptoms that you are experiencing so that they can create an adequate treatment plan for your needs. You need to follow this treatment plan closely, not only so that you can recover faster but so that you can show the insurance company that you are doing everything necessary to recover if possible. If you don’t strictly follow this treatment plan, or you start missing doctor’s appointments, you are showing them that your injuries aren’t that serious.
So, to ensure that you are not seriously injured and to help improve your chances for getting the settlement you deserve, seek out medical attention as soon as possible after the car accident. Refusing medical treatment is one of the common mistakes made after a car accident
4. Admitting Guilt
It’s perfectly normal to want to say “Sorry” or some other apology for the car accident. The problem is that this simple gesture can actually negatively impact your case. Whether or not you were at fault, offering an apology is not a good idea. This will put some or even all of the blame on you, even if you weren’t responsible for any part of the accident.
This is important to remember because the person who is considered at-fault for the accident is considered to be financially liable for any damages. The lawyers and insurance companies look closely at the evidence to try to determine who is at-fault for the accident. Once a driver admits fault, this can move the fault to their side.
Essentially, when you admit fault you are taking on the financial liability of the car accident. These cases are based on fact but the minute that you apologize, you are admitting guilt, and this will mean more than any evidence that any party can provide. The moral of this story? Never admit fault or apologize. You should never lie, especially when asked questions by the police. But you should never give more information than you are required to. Admitting guilt is one of the common mistakes after a car accident.
Your lawyer and the police can uncover the facts of the case. Let your lawyer do the talking for you and they will help you understand the best approach to any line of questioning when asked.
5. Failing to Gather Any Evidence
If you are going to file a car accident claim, you are going to end up in either settlement negotiations or court. This means that you need to provide evidence of the car accident. If you aren’t too seriously injured, do what you can to take pictures of the scene of the accident and your injuries. Get the contact information of any witnesses and be sure to exchange information with the other driver. And of course, as previously mentioned, be sure to seek medical attention immediately so that you can also have medical records for your evidence as well.
If the police are on-site and doing their own investigation, you shouldn’t interfere as you gather your own evidence. But this is important for you to do because it allows you to offer something to your lawyer sooner so that they can determine whether or not you have a case. If you do have a viable car accident case, then the lawyer can take this information and start their own investigation.
By failing to gather any evidence, you are relying solely on the police report (if they were called to the scene). While these police reports do offer a lot of facts about the accident, this is only one account and may not fully capture the incident. Gathering as much evidence as possible can help provide more of a story about your case. With a better account of what actually happened, you will have a better chance of getting the compensation that you deserve. Not gathering your own evidence is one of the common mistakes after a car accident.
6. Give a Recorded Statement
After your accident, you will likely receive a phone call from the claims adjuster. They will ask whether or not you want to give a recorded statement about the accident. The claims adjuster will tell you that this is just for the purpose of telling them about the accident as you saw it, under the belief that this will help your case. However, this recorded statement isn’t about you. These statements are meant to help the insurance company, not benefit you.
The transcript of this conversation will be sent to the insurance company for them to have on file. The adjuster can very easily edit the transcript so that it twists your words around, taking them out of context. Then, these words end up used against you with the goal of giving you less money than you deserve. The entire goal of the insurance company is to get away with paying as little as they possibly can.
If you are asked to give a recorded statement, don’t do it. Refer them to your lawyer or just ignore them. You don’t have to give a recorded statement to them. It’s best if you don’t if you want to ensure that you get a fair settlement for your damages. Giving a recorded statement to a claims adjuster is one of the common mistakes after a car accident.
7. Not Reporting the Accident to Your Insurance Company
There are many cases where people decide not to report the accident to the insurance company. Sometimes it’s because they weren’t injured or because there wasn’t much damage to their car. Some people think it isn’t worth the hassle because there was nothing really to report. In a lot of cases, the at-fault driver will ask for this to be handled without the insurance companies. In those cases, it’s usually because the driver didn’t have insurance or had no license.
Whatever the case may be, you need to report the accident to the insurance company. These car accidents should be reported immediately. First of all, this is how you get your PIP to pay for damages or medical treatment up to your policy limit. Even if you think the other driver is at-fault, you should inform your insurance company of the accident even if the other driver’s insurance is responsible to pay for the damages.
Generally, insurance companies require you to report any car accident to them. If you fail to report a car accident, they may have grounds to deny your claim or even potentially cancel your policy with them. Be sure to call the insurance company to make sure that you are protected. Not reporting the accident to your insurance company is one of the common mistakes after a car accident.
8. Settling Too Soon/Taking a Low-Ball Settlement
Some of the biggest mistakes that you can make involve settlements. The first of these major mistakes is that you accept their first, low-ball offer. Unless you have experience in insurance or as a lawyer, you likely don’t know how much your damages are really worth. Insurance companies want to take advantage of this because their goal is to pay out as little as they can possibly get away with. They take advantage of your ignorance and offer you a lump sum of money that sounds great in theory but doesn’t actually help pay your damages.
This is a common tactic for insurance companies to use. They offer you a quick settlement, one that people who are desperate for money can easily go for. Serious accidents can leave people in a desperate place, where they just accept the first offer because they need it. While they are enough to tempt those people who need the money, these are often obscenely low offers that won’t help you at all.
You should never accept the first offer that you get from the insurance company. This is why you need to have a personal injury attorney to fight for you. They are experts in car accident cases and have calculations that can determine what a fair amount for your damages is. They will be able to give you a much better settlement than you may be able to get for yourself.
Another reason and this carries into the next point, is that once you accept the settlement you waive the right to file another suit against them in the future. This is especially important to consider if you still don’t know the full extent of your injuries. This leads us to the other topic: settling too soon.
You could be almost finished with rehab or just had surgery, but what if there are more expensive treatments expected later on? You need to be sure that you don’t file a claim or settle before you know the full extent of your damages. Maybe after you finish rehab, the doctor says you will need another surgery and more rehab. If you settle too soon, you won’t be able to recover these damages. You may then end up having to pay out of pocket because your insurance won’t pay but neither will your health insurance since this was as a result of your car accident
Settling too soon is one of the common mistakes after a car accident.
Contact Us Today
The Injury Firm is the law firm that you need to contact when you need a personal injury attorney. Our team can advise you what the next steps are so that you know exactly what to expect throughout this process, reducing at least some of the stress that the aftermath of a car accident can cause. We always have the best interests of our clients at heart, so we fight for them to ensure that they get the best possible outcomes for their cases. If you were in a car accident, contact us today to see how we can help you: 954-951-0000.
