The aftermath of a car accident can be a scary and confusing time. In addition to impacting your physical and mental health, you may face damage to your vehicle and a possible battle with the insurance company. It’s important to know that your actions and inactions after an accident can make or break your claim should you decide to take action against the other party. Being aware of common mistakes after a car accident can help you protect your interests during this challenging time.
Leaving the Scene
One of the most serious mistakes is leaving the accident scene prematurely. Regardless of the accident’s severity:
- Remain at the scene until you’ve exchanged information with other involved parties
- Wait for police to arrive if they’ve been called
- Leaving the scene can result in legal penalties and complicate insurance claims
Not Calling the Police
Failing to notify law enforcement is a common error that can have significant consequences:
- Always call the police, even for minor accidents
- A police report provides an unbiased record of the incident
- This official documentation is crucial for insurance claims and potential legal proceedings
- Police reports include essential details such as driver information, witness statements, road conditions, and preliminary fault assessment
If, for some reason, the police don’t show up after your car accident, there are still steps you can take to document the incident properly.
Apologizing or Admitting Fault
When interacting with the other driver, the police, or insurance companies, avoid saying anything that could be interpreted as an admission. This includes apologizing or offering to pay for repairs or medical expenses. Although car accident mistakes aren’t a crime, this is a situation where anything you say can and will be used against you.
What you say after an accident matters:
- Avoid admitting fault or apologizing at the scene
- Even saying “I’m sorry” can be interpreted as an admission of guilt
- Stick to exchanging factual information only
- Let authorities and insurance adjusters determine fault based on evidence
Be calm and respectful when dealing with the other party, and refrain from arguing, blaming, or trying to assign fault. Knowing what you should and should not do after a car accident can protect your legal rights during this critical time.
Forgetting to Collect Insurance Information
After an accident, gather comprehensive information from all involved parties:
- Name, address, and phone number of other drivers
- Driver’s license numbers
- License plate numbers
- Insurance company details and policy numbers
- Contact information from any witnesses or passengers
This information is vital for filing insurance claims and resolving disputes later on.
Failing to Gather Evidence Is A Car Accident Mistake
In the chaos and confusion of an accident, it’s easy to forget to gather important pieces of evidence and information from the other parties involved. Failing to gather evidence can weaken your position:
- Take photographs of vehicle damage from multiple angles
- Document property damage and the surrounding area
- Photograph any visible injuries
- Capture road conditions, traffic signals, and skid marks
Always remember to exchange contact details with the other driver and make a note of their license plate number. Take photos of the damage to all vehicles involved and any visible injuries. If there are any distinguishing features of the environment, such as signs and potholes, be sure to get photos of those, too.
If possible, get the contact details of anyone willing to serve as a witness. Note any potential sources of CCTV footage, such as traffic or security cameras on nearby buildings. Dashcam footage should be safeguarded on an external drive as soon as possible. This documentation can be crucial if there are disputes about what happened.
Not Notifying Your Insurance Company
Failing to report the accident to your insurance company promptly can create complications:
- Inform your insurer about the accident as soon as possible
- Report the incident even if you don’t plan to file a claim
- The other driver may file a claim against your policy
- Delayed reporting may violate your policy terms and affect coverage
There are significant risks of not reporting car accidents to insurance that could impact your coverage and legal standing.
Not Seeking Medical Attention or Not Following a Treatment Plan
Even if you believe your injuries are minor or non-existent, it’s always worth the effort to get a doctor’s opinion. Aches and pains often arise weeks or even months after an accident. By failing to seek medical attention, you won’t know the true extent of your injuries and could risk your health.
Delaying or avoiding medical care can be detrimental to both your health and potential claims:
- Seek medical attention even if injuries aren’t immediately apparent
- Some injuries, like whiplash, concussions, or traumatic brain injuries, may not show symptoms right away
- Medical documentation creates a record connecting your injuries to the accident
- Ideally, get a medical evaluation within 24 hours of the accident
If you do decide to seek compensation for your injuries, you will need medical evidence to substantiate your claim. If significant time has passed between the date of the accident and your first visit to the doctor, this does not bode well for your case. Insurance companies will devalue or deny your claim when there is evidence of a treatment gap.
Treatment gaps can also happen if you fail to attend follow-up appointments or the doctor’s orders aren’t followed. In these instances, it can be argued that your injuries were exacerbated by your negligence and failure to mitigate. Failing to follow through with recommended treatment can harm both your health and claim:
- Attend all follow-up appointments
- Complete prescribed physical therapy sessions
- Take medications as directed
- Keep records of all treatments and how they affect your condition
Ignoring Delayed Symptoms
Some car accident injuries don’t appear immediately:
- Delayed injuries can manifest days or even weeks after the accident
- Pay attention to new symptoms like headaches, neck or back pain, dizziness, or numbness
- Return to your doctor if you experience new symptoms
- Document when symptoms began and how they affect your daily activities
Posting About the Accident on Social Media
Social media activity can undermine your claim:
- Avoid posting any details about the accident online
- Insurance companies may monitor your social media accounts
- Posts, photos, or comments can be used to contradict your claims
- Consider taking a break from social media during your claim process
Giving Recorded Statements Without Legal Advice
Be cautious when communicating with insurance companies:
- Avoid giving recorded statements to the other driver’s insurance company
- These statements can be used to minimize your claim
- Limit communication to confirming basic contact information
- Consider consulting with an attorney before providing detailed statements
Accepting the First Settlement Offer
Insurance companies often make quick settlement offers:
- Initial offers are typically lower than what you may deserve
- Don’t settle until you understand the full extent of your injuries and expenses
- Consider potential future medical costs and lost income
- Consult with a legal professional before accepting any settlement
Understanding the types of compensation you can claim after a car accident can help you evaluate whether a settlement offer is fair.
Waiting Too Long to Act
Timely action is essential after an accident:
- See a doctor within 12-24 hours if possible
- Gather evidence immediately
- Consult with an attorney promptly
- Be aware of legal deadlines (statutes of limitations) for filing claims
- Evidence can disappear quickly, and memories fade over time
Knowing what to do immediately after a car accident can help you protect your rights from the start.
Not Understanding Your Insurance Coverage
Many people don’t fully comprehend their insurance policies:
- Familiarize yourself with your coverage limits and requirements
- Understand what expenses your policy covers
- Know your deductibles and coverage exclusions
- Contact your insurance agent if you need clarification
It’s also important to understand what happens when a car accident claim exceeds insurance limits and how this might affect your case.
Not Calling an Oklahoma Car Accident Lawyer
After seeking medical attention, your next call should be to an Oklahoma car accident lawyer. A personal injury attorney can assess your case to determine whether you’re entitled to compensation and, if so, how much you can expect to receive. Without the guidance of a lawyer, you may hinder your chances of success or accept offers well below what you’re truly entitled to.
Navigating the aftermath of an accident alone can be challenging:
- Personal injury lawyers typically work on a contingency basis (only get paid if you recover compensation)
- An experienced attorney can help navigate complex legal and insurance processes
- Legal representation often results in higher settlements
- Attorneys can handle negotiations while you focus on recovery
There are several reasons to consider an attorney after an auto accident, especially when dealing with serious injuries or complex liability issues. Consult with our knowledgeable Oklahoma auto accident attorney to seek the compensation you deserve.
What To Do Instead After a Car Accident
1. Ensure Safety First
- Check yourself and your passengers for injuries
- Move to a safe location if possible
- Turn on hazard lights and set up warning devices if available
2. Call Emergency Services
- Dial 911 to report the accident
- Request medical assistance if needed
- Wait for police to arrive and provide factual information
3. Seek Medical Attention Promptly
- Allow emergency medical personnel to assess you at the scene
- Visit an emergency room or doctor promptly after leaving the scene
- Don’t wait to see your doctor after an accident
- Be alert for signs of a concussion or other head injuries
- Watch for symptoms of a pinched nerve which may indicate spinal injury
4.
Document Everything Related to the Wreck
- Take photos of all vehicles involved, the accident scene, and any injuries
- Keep a journal of medical symptoms and how they affect your daily life
- Save all medical bills, repair estimates, and correspondence related to the accident
- Track time missed from work and other financial impacts
5. Consult With a Legal Professional
- Most personal injury attorneys offer free initial consultations
- An experienced lawyer can help you understand your rights and options
- Legal representation can significantly improve your chances of fair compensation
- Your attorney can handle communications with insurance companies on your behalf
When meeting with an attorney, be prepared to share important information your car accident lawyer needs to know to effectively handle your case.
Additional Resources
- What to Do If You’re Injured in a Car Accident
- National Highway Traffic Safety Administration (NHTSA)
- Centers for Disease Control and Prevention (CDC) – Motor Vehicle Safety
- Soft Tissue Injuries Overview
- Cleveland Clinic: Soft Tissue Injury Information
By avoiding these common mistakes and taking the right steps after an accident, you can protect your health, legal rights, and financial interests during a challenging time. Understanding the potential damages from a car accident can help you pursue fair compensation for your injuries and losses.