After a car accident, victims face numerous challenges, from physical recovery to financial stress. Many people unknowingly make simple errors in the days and weeks that follow, which can significantly reduce the value of their car accident claim.
You can prevent many mistakes that hurt your car accident claim by being mindful of your actions and words. A personal injury lawyer helps you identify and avoid these pitfalls, working to protect your rights and pursue a fair outcome.
Taking the right steps now helps build a stronger foundation for your insurance claim and potential legal action.
Key Takeaways
- Avoid giving a recorded statement to the at-fault driver's insurance company without legal counsel.
- Follow your doctor's prescribed medical treatment plan without deviation or unexplained gaps in care.
- Refrain from posting pictures, updates, or comments about the accident or your recovery on social media platforms.
- The first settlement offer from an insurer is often far less than the full value of your claim.
- Preserve all evidence of the accident, including photos, contact information, and all medical bills and receipts.
Mismanaging Communications After a Car Accident
Your words carry immense weight after a collision. Insurance companies often look for any statement they can use to reassign fault or minimize the value of your injuries. One of the most common mistakes that could hurt your car accident claim involves how you communicate.
Many accident victims feel pressured to speak with the other driver's insurance adjuster. You’re not obligated to provide them with a recorded statement or extensive details about the incident.
These adjusters are trained to ask questions that may lead you to make admissions or statements that harm your case. A seemingly innocent apology at the scene or a comment downplaying your pain can be used against you.
Sticking to the facts is best when speaking with law enforcement and your insurer. Avoid detailed discussions about fault or injuries until you have spoken with a lawyer.
Common communication missteps to avoid include:
- Giving a Recorded Statement: Providing a recorded statement to an opposing insurer without legal counsel can lead to them using your words against you to find inconsistencies in your story.
- Admitting Partial Fault: You damage your own claim by apologizing or admitting any level of fault, as insurers use these statements to shift liability for the collision onto you.
- Minimizing Your Injuries: Telling an adjuster you “feel fine” or are uninjured can damage your claim when delayed-onset injuries later appear.
Failing To Follow Medical Directives
The way you handle your medical care provides the primary evidence for your injury claim. Insurance companies scrutinize medical records to find any reason to argue that your injuries aren’t as severe as you claim or that they weren’t caused by the accident.
Inconsistent treatment is a red flag they look for. When you don’t follow your doctor's orders, an insurer may argue that you aren’t committed to your recovery or that your injuries aren’t serious.
Keep a detailed file of every medical visit, bill, prescription, and piece of documentation you receive. This organization proves the extent and cost of your medical care, forming the backbone of your demand for compensation.
Having Gaps in Your Medical Treatment
Failing to seek prompt medical attention after an accident is a significant error. Some injuries have delayed symptoms even if you don't feel seriously hurt. Waiting weeks to see a doctor gives an insurance company an opening to argue that something else caused your injuries during that time.
Likewise, stopping treatment before your doctor releases you can damage your claim. An insurer may assert that you must have felt better and that any further medical issues are unrelated.
Not Being Honest With Your Doctor
Be completely open with your healthcare providers about all of your symptoms and the pain you’re experiencing. Don’t exaggerate, but don’t minimize your condition either.
Your medical records are critical evidence, and they must accurately reflect the full extent of your injuries from the beginning. Mention your pre-existing conditions early so your doctor can differentiate them from the new injuries.
Compromising Your Claim Through Digital and Financial Actions
What you do online can have real-world consequences, especially for a personal injury claim. Insurance companies regularly investigate claimants' social media profiles for evidence that contradicts their claims.
Beyond your digital footprint, certain financial decisions and agreements with insurers can also lock you into a situation that undervalues your claim. Signing documents without a full review can have lasting negative impacts.
Protecting your claim involves being cautious with every form you sign and every post you make. Many people have ruined their car accident settlement by posting a photo from a family gathering or signing a broad authorization form without reading the fine print.
Posting on Social Media Accounts
Insurance investigators scour social media for any activity that suggests a victim’s injuries are less severe than they claim. A single photo of you at a park, a check-in at a restaurant, or a positive status update can be taken out of context.
Common examples of harmful posts include:
- Photographs and Videos: Pictures of you engaging in physical activities can be used against you. Even simple ones like walking the dog or attending a social event may end up hurting your car accident claim.
- Status Updates: Comments like "I'm feeling great today!" can be misinterpreted, even if you’re just having a momentarily better day amidst a painful recovery.
- Check-Ins: Checking into locations like a gym, a concert, or a recreational area can be presented as evidence that your injuries aren’t seriously limiting you.
- Communications With Others: The opposition can also use comments from friends and family, such as "Glad to see you're doing better."
The safest course of action is to stop using all social media platforms until your case is resolved. Also, ask friends and family not to post pictures of you or tag you in their updates.
Accepting the First Settlement Offer
Insurance companies are for-profit businesses. Their initial settlement offer is almost always a lowball amount to see if a victim will accept a quick payout and close the case.
An early offer likely won’t account for the full scope of your damages, especially future medical needs or lost earning capacity. Accepting that first offer means you forfeit your right to seek any further compensation for your injuries.
Signing a General Medical Authorization
The other driver's insurance company may send you a medical authorization form to sign. This document often gives them sweeping access to your entire medical history, not just records related to the accident.
They may look for any prior injuries or pre-existing conditions they can use to argue that your current pain is unrelated to the crash. Don’t sign any document from an insurance company without having an attorney review it first.
Failing To Gather or Preserve Evidence
The moments and days after a crash are the most critical time for evidence collection, as things can be lost, memories can fade, and scenes can be altered. Failing to gather and protect this information is one of the most common mistakes that could hurt your car accident claim.
While recovering at home, you can still play an active role in this process. Organize the photos you took at the scene and back them up digitally. Write down everything you remember about the accident, including details about the weather, road conditions, and what the other driver said.
Your car is also a crucial piece of evidence, so take these three actions:
- Don’t Repair Your Car: Avoid repairing your vehicle until an insurance adjuster and your legal team have had a chance to inspect it thoroughly.
- Take Photos: Capture detailed photographs of all damage to your vehicle from multiple angles, both inside and out.
- Preserve the Vehicle: If possible, keep the vehicle in a secure location where it won’t be altered or tampered with until it’s inspected.
How an Attorney Prevents Common Mistakes That Could Hurt Your Car Accident Claim
Navigating an auto accident claim successfully requires avoiding numerous potential missteps. A personal injury attorney acts as your advocate and guide, helping you steer clear of the common mistakes that could hurt your car accident claim.
They provide the experience needed to manage the complex legal and administrative challenges that arise after a crash.
Here are several ways a car accident lawyer protects your interests:
- Handling Insurer Communications: Your lawyer takes over all communication with insurance companies. This prevents you from giving a recorded statement or making any comments that could be used against you.
- Valuing Your Total Losses: Attorneys work with medical and financial experts to calculate the complete value of your claim. This includes future medical expenses, lost wages, and pain and suffering, ensuring you don't fall for the mistake of accepting an offer that doesn't cover all your needs.
- Gathering All Necessary Proof: An experienced legal team knows the evidence you need to build a strong case. They act quickly to secure police reports, witness statements, video footage, and expert testimony.
- Managing Deadlines and Paperwork: Every state has a strict time limit, known as the statute of limitations, for filing a personal injury lawsuit. An attorney files your paperwork correctly and on time, preventing your claim from being dismissed on a technicality.
- Advising You Throughout the Claim: A lawyer provides constant guidance on what to do (and what not to do) after a car accident. This includes advice on social media use, communication with doctors, and tracking your expenses.
FAQ for Common Mistakes That Could Hurt Your Car Accident Claim
Is It a Mistake To Talk to the Other Driver’s Insurance Company?
Yes, speaking directly with the at-fault driver's insurer without legal representation can be a significant mistake that hurts your car accident claim. Adjusters ask questions that try to elicit information that can weaken your claim. It’s best to direct all their communications to your attorney.
Can Posting on Facebook or Instagram Really Hurt My Case?
Absolutely: Insurance companies hire investigators to review claimants' social media profiles. Photos or posts that appear to contradict your injury claims, no matter how innocent, can be powerful evidence used against you to devalue your case.
Why Is Accepting the First Settlement Offer a Bad Idea?
The first offer from an insurance company is typically far below the actual value of your claim. They make this offer hoping you’ll take a quick and easy payout. Accepting it closes your case permanently, even if your injuries turn out to be more severe than you initially thought.
What if I Didn’t Get a Police Report at the Scene?
While a police report is a helpful piece of evidence, not having one doesn’t ruin your claim. A police report documents the facts of the accident and may contain an officer's initial opinion on fault, but your case can still be built using other proof.
Additionally, your lawyer can collect a police report and analyze it for evidence that can help your claim.
How Does Missing a Doctor's Appointment Affect My Claim?
Missing medical appointments or having large gaps in your treatment can severely damage your claim. The insurance company will argue that your injuries must not have been serious if you didn’t consistently follow your doctor's treatment plan.
This may lead an insurer to reduce its settlement offer or deny your claim.
Take the First Step Today
Waiting to contact a car accident lawyer gives the opposing insurance company a significant advantage. Crucial evidence from the crash can disappear, and you risk making unforced errors in communications with adjusters.
Seeking legal counsel promptly helps preserve your options and protects your claim from these avoidable mistakes. Auto Injury Litigation Center is dedicated to helping accident victims. We focus on building a strong case while you focus on your health.
For a free consultation to discuss your case and learn how we can assist you, call us today at (866) 933-0623 or contact us online.