Biggest Mistakes People Make After a Car Crash. The minutes, hours, and days after a car crash are typically chaotic. Unfortunately, making any mistake during this crucial time can seriously hurt your chances of recovering the damages you deserve.
Below you’ll find a list of the 9 most common mistakes survivors make after a car crash. If you or a loved one made any of these mistakes, all hope is not lost. Consider consulting with a personal injury attorney near you to discuss your legal options right away.
Mistake 1: Fleeing the scene
All states require drivers involved in a car crash to stop and perform certain steps at the accident scene. These steps typically include exchanging contact information with the other drivers involved in the crash and lending reasonable aid to anyone who may be injured. The failure to take these steps could result in a hit-and-run charge.
Mistake 2: Admitting guilt
After a collision, it’s common to want to apologize. This is true even if the crash wasn’t your fault and you’re simply expressing that you’re sorry the crash occurred or that the other driver was injured. Unfortunately, your apology will be seen as an admission of fault in the eyes of the insurance company. It’s better to not say anything that could be construed as an admission of fault.
Mistake 3: Saying that you’re not hurt
It’s also natural for some people to want to downplay their injuries. However, it would be a mistake to tell others involved in a car crash that you’re not hurt or “fine.” Some symptoms don’t appear until hours or even days after a crash. If you don’t need an ambulance, simply say that you don’t need an ambulance but avoid saying that you’re not hurt, as insurance companies could use this statement against you.
Mistake 4: Failing to gather evidence
There is no better time to gather evidence than immediately after a collision. Witnesses are notoriously difficult to track down in the days and weeks following a crash so it’s a good idea to collect their contact information at the scene. Similarly, while your attorney may hire an accident reconstructionist, there’s no substitute for taking photographs of the scene and your injuries in the immediate aftermath.
Mistake 5: Not seeing a doctor immediately
A lot of car crash survivors make the mistake of neglecting to go to the doctor immediately. Perhaps you avoid the doctor because you don’t have health insurance or because you didn’t think you were seriously injured at first. The problem is that insurance companies and jurors are skeptical of crash survivors who wait too long to go to the doctor (or who don’t go to the doctor at all) and later claim to be injured. Because serious injuries may not show symptoms for hours or even days after a crash, it’s important to get checked out by a doctor as soon as possible following a crash—whether you believe you’re injured or not.
Mistake 6: Believing the insurance company always has your best interest in mind
Insurance companies aren’t all bad, but they’re ultimately in the business of making money. When talking to a claims adjuster, avoid providing more information than necessary. Be brief and stick to the facts. What’s more, if an insurance company asks you to sign something (such as a “medical authorization” or “release of all claims”), it’s a good idea to talk to an attorney before doing so.
Mistake 7: Accepting an initial settlement offer
Initial settlement offers are often (although not always) low ball offers. On top of that, if you agree to an initial settlement offer, the insurance company is going to ask you to sign a “release of all claims.” This document releases the at-fault driver and the insurance company from any future claims based on the crash, which means you’re out of luck if you later find out your injuries cost more than you originally thought.
Mistake 8: Waiting too long to file a lawsuit
Every state has a “statute of limitations” that limits the amount of time a car crash survivor has to file a lawsuit. If you fail to file a lawsuit within this time period, your claim will be forever barred. As a result, it’s a good idea to meet with a personal injury attorney as soon as possible after a car crash.
Mistake 9: Posting about your crash on social media
One of the first things a defense attorney will do after you file a lawsuit is pull up your social media profiles and look for any statements that might hurt your case. Even if your statement about the crash seems innocuous, a team of insurance lawyers may attempt to pick it apart to find out how it might contradict a statement you made in your deposition or otherwise hurt your case. The safest thing to do is to avoid posting about your crash on social media altogether to avoid any mistakes.
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This article is also featured in our 2022 Spring Issue of Sharing our Recovery
