What you do or don’t do in the aftermath of a car accident can dramatically impact your chances of receiving fair compensation from the at-fault driver. Car accidents are loud, chaotic, and stressful — It’s all too common for accident victims to make mistakes that can affect the compensation they deserve. It’s challenging to think clearly after an auto accident, especially if you’re hurt. So, while you may know what steps to take after a car crash, you should also know what to avoid to best protect yourself.
Our attorneys at Coulter Harsh Law have seen it all, and below, you’ll find the top eleven mistakes we’ve seen car accident survivors make.
Common Mistakes to Avoid After an Auto Accident
- Saying it’s your fault
- Leaving the police out of it
- Avoiding medical treatment
- Not asking for contact information
- Not gathering evidence at the scene
- Failing to notify your insurance company
- Believing what the insurance companies tell you
- Posting on social media
- Trying to recover without legal expertise
- Waiting to file a claim
- Taking the first settlement offer
1. Admitting to Guilt
It’s normal to want to apologize after an accident, especially if another driver is injured. But you must not apologize or admit fault as you may not know all of the facts. Your admission of guilt could be used against you during your car accident lawsuit, even if the other person was responsible. It’s best to only interact with the other party through a car accident attorney.
2. Not Involving the Police
Unless you need immediate medical attention for your injuries, it’s best to stay at the accident scene, call local police, and wait for an officer to arrive. They can investigate more fully than you can, collect evidence, and create a police report your car accident lawyer will use during your claim. If you avoid calling the police, the accident can become disputed by the other driver saying something contrary to what occurred.
Though you may want to leave the accident, it’s important to remain on the scene until the police arrive. The police will want to take your statement; you should never let the other driver or drivers involved speak on your behalf about what happened. You can provide critical information to the police that supports your claim. Unfortunately, it’s common for at-fault drivers to say, “My insurance will take care of it,” but later change their story to deny the victim fair compensation. Don’t make the mistake of taking the other driver at their word.
Law enforcement can assess the scene and help determine who is at fault. If they issue a ticket to the other driver, your car accident attorney can use it to prove liability and pursue justice for you.
3. Skipping Medical Assessment and Treatment
Even if you think you’re okay, injuries can appear hours, days, or weeks after your motor vehicle accident. Going to an urgent care or emergency room and getting a full checkup is important to make sure. Medical professionals can assess the extent of your injuries, order tests or imaging (X-rays, MRIs, etc.), and recommend treatment — all of which can be evidence for your claim. You need this evidence to pay your medical bills through the other driver’s insurance.
The longer you delay the care you need for your injuries, there’s more room for alternative explanations. Consider if you’re in an accident on a Tuesday and decide to see your physician on Friday; it can be more difficult to prove your symptoms were from your Tuesday accident.
It’s common for pain and soreness to change over time as you recover from an accident. Because your body releases adrenaline, which can reduce your ability to feel pain, it may take days or weeks for pain to set in. Similarly, you may have multiple injuries during a car crash; a broken arm may initially hurt the most, making it hard to notice that your lower back is injured, too.
It’s not okay for insurance companies to do this, but if you receive medical treatment late, they may claim you’re making it up or trying to take advantage of the system to get a payout.
Even if you feel okay, at the very least, you should schedule an appointment with your doctor to fully assess your injuries. You deserve to have the medical expenses paid.
4. Forgetting to Gather Information At the Scene
You should always exchange information with the other people involved in your automobile accident. First and foremost, ask the other driver or drivers for their name, address, phone number, driver’s license number, license plate number, and insurance details. This will save you time and stress when filing a claim. Do not admit fault when talking to the other driver; stick to exchanging information only.
Additionally, ask for personal details from any witnesses at the accident scene including name and telephone number. Your lawyer will then be able to speak with these witnesses when building a strong personal injury claim. It’s common now for witnesses to take pictures or videos using their cell phones, which may be crucial in proving who’s at fault.
5. Not Gathering Evidence at the Accident Scene
You must always advocate for yourself if you’re in a car accident. As long as you’re not suffering from injuries that require immediate medical care, take some time to look for and document evidence. Remember, your well-being is the top priority, so receiving medical attention is never a mistake.
However, it will help if you need to file a claim for your injuries if you take pictures of the scene, vehicle damage, property damage, or your injuries. Take pictures at different angles to ensure you haven’t missed any important details.
6. Not Notifying Your Insurance Company
Though you should rely primarily on your lawyer to communicate with all insurance companies (yours and the other drivers’), it’s still a good idea to let your auto insurance company know you were in an accident as soon as possible. Not only does this establish a record quickly, but you may want to use your car insurance to pay for any deductibles or copays while you work through the claims process.
Car insurance providers often include specific policy provisions that help in the case of an accident. Collision coverage can help pay for any damage to your vehicle, and personal injury protection (PIP) may help pay for any upfront medical bills, such as copays or meeting your deductible.
Consider adding uninsured/underinsured motorist coverage to your policy. This expanded coverage is particularly useful if you are in an accident with a driver without coverage or when the coverage is not enough for your injuries. In that case, the other driver’s lack of insurance means your compensation would come from personal assets, which can severely limit what you receive. This coverage can provide some relief, though there are policy limits.
7. Trusting the Insurance Company’s Word
Auto insurance companies are trying to run profitable businesses, and they, like any business, will attempt the settle a case for the least amount of money. Any mistakes you make can give the insurance companies opportunities to deny coverage or claims.
After an accident, an insurance adjuster will be assigned to your insurance claim.
Don’t just take their word as absolute truth. It could be inaccurate. You shouldn’t be afraid to push back, ask questions, and work with your attorney to advocate on your behalf. Tell your attorney all relevant information; hiding details from your attorney is a mistake. They must fully assess your circumstances to make the strongest personal injury claim possible when dealing with the insurance companies.
Sometimes, the other driver’s insurance company will ask for a recorded statement from you — these recorded statements sometimes are not recorded fully and/or there can be missing information when they are transcribed. This statement can be done with your attorney present. You can always request any questions in writing or record the conversation, too, so you have your record to compare against theirs.
8. Posting on Social Media
Though publicly sharing your auto accident experience may be tempting, it’s always a mistake and can negatively impact your claim. Don’t admit fault, share details from the accident, or publicly address the other people involved. The other driver’s insurance company or legal representation can use anything you say to disprove your claim and deny you financial compensation. Keep your comments private between yourself and your car accident attorney until after completing the legal process.
9. Going Without an Attorney
Personal injury cases can be incredibly complex, especially when so much can go wrong throughout the process. It’s always best to hire an attorney who handles accident cases. A qualified lawyer knows how to keep impeccable documentation, gather the most compelling evidence to prove your claim, communicate effectively with all the involved parties, and ensure fair compensation for you. Let a legal team like Coulter Harsh Law take that stress on so you can focus on your recovery.
10. Waiting to File a Claim
In Nevada, the law states you have up to two years from your accident to file a personal injury claim. You may be surprised at how quickly the months pass, especially when recovering from your crash. Start the legal process immediately to give yourself the greatest chance at a fair settlement. At Coulter Harsh Law, we recommend you contact a lawyer as soon as you’re stabilized from your injuries.
11. Accepting the First Settlement Offer
Among the most common mistakes after a car accident is settling too quickly. If the other party is at fault, their insurance company will likely want to settle with you, so you can’t take further legal action against the at-fault driver. Insurance companies realize it’s less expensive to settle and will offer you a lower settlement than you may deserve.
Don’t take the first settlement offered to you. Don’t sign anything the insurance company sends you before you work with a car accident lawyer. You may be entitled to much more compensation than the insurance company offers, and Coulter Harsh Law can help you maximize your compensation.
Hiring an Attorney Can Help You Avoid Mistakes After A Car Accident
Auto accidents are incredibly stressful, and an experienced legal team like Coulter Harsh Law can help you avoid legal mistakes after auto accidents that can cost you.
We have fought for justice for personal injury victims for more than thirty years. If you’re hurt in a motor vehicle accident, contact Coulter Harsh Law today for a free consultation to receive the support you need to recover physically and financially.
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