The Top 17 Mistakes to Avoid After a Car Accident

Clayton T. Hasbrook

Written by Clayton T. Hasbrook. Last modified on April 30, 2024

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If you are involved in a car accident, it is vital to know ways to avoid “wrecking your claim.” Avoiding these mistakes can help you avoid compromising your settlement and hopefully maximize the settlement or verdict you obtain.

The most common mistakes observed after car accidents:

1. Not Reporting the AccidentNot reporting the accident

Neglecting to inform the police about the accident or departing before their arrival can harm your claim. The accident report is crucial for insurance assessments, even in minor incidents. Additionally, leaving the scene may result in hit-and-run charges.

2. Saying “I’m Sorry” at the Accident Scene

Refrain from admitting fault or apologizing at the scene. Such statements can be interpreted as an admission of guilt by insurance companies and defense attorneys.

3. Failing to Get All of the Information at the Accident Scene

Collect the name, address, phone number, insurance, and license information of the other driver, along with witness details. This information accelerates the claim process and is beneficial if the case proceeds to trial.

4. Not Taking Pictures of the Accident Scene and Damage to Both Vehicles

Multiple ways to "wreck" your car accident case.

Document the accident scene with photographs from various angles, capturing the vehicles involved, traffic signs, and any skid marks or debris. This evidence is vital for settlement negotiations and lawsuit preparations.

5. Waiting to Go to Your Doctor and Failing to Get Needed Medical Treatment

Don't wait to go to the doctor.

Seek medical attention immediately, even for minor injuries, as they could indicate more severe conditions. Delaying treatment allows insurance companies to argue that your injuries are unrelated to the accident.

6. Being Overly ConfrontationalBeing overly confrontational

An argumentative attitude can result in less cooperation from police officers and insurance adjusters. A calm and cooperative demeanor aids in a smoother process.

7. Failing to Keep All Receipts and Documents Related to the AccidentFailing to get all of the information at the accident scene

Preserve all receipts for car repairs, medical expenses, tow truck services, and other related costs. Documenting these expenses is vital for your Claim.

8. Not Following the Doctor’s Orders

Follow your doctor’s advice, including taking prescribed medication, attending therapy, or adhering to work restrictions. This demonstrates the seriousness of your injuries.

9. Settling the Claim Too EarlySigning whatever documents the insurance company sends you, without reading them

Exercise caution with early settlement offers from insurance companies, as they may not fully cover your expenses and losses. Ensure the settlement accounts for future medical costs and other damages.

10. Overstating Your Case

hourglass to show deadline to file a personal injury lawsuit

Maintain credibility if your case goes to trial. Avoid exaggerating your Claim, as insurance companies will scrutinize your statements.

11. Signing Documents from the Insurance Company Without Reading Them

Seek legal advice before signing any documents from insurance companies. These documents might waive your rights to future compensation.

12. Failing to Keep Track of Everything the Accident Has Put You Through

Document every detail related to the accident, including medical treatments and how the accident has affected your daily life.

13. Failing to Speak to a Car Accident Attorney as Soon as Possible

A lawyer can guide your rights and effectively help you through the legal system. They ensure you don’t make hasty decisions that could harm your Claim.

14. Take How the Insurance Company is Handling Your Claim Personally

You generally do not want to accept the insurance company's first offer.

Understand that insurance adjusters are managing numerous claims and aim to minimize payouts. Base your communications on facts, not emotions.

15. Failing to Be Patient but Waiting Too Long

The personal injury claim process can be lengthy, requiring patience and awareness of legal deadlines. Avoid delaying your Claim due to statute limitations and the need to preserve critical evidence.

16. Giving Up on the Claim

Consider filing a personal injury lawsuit if a fair settlement is not offered. Continue to pursue the compensation you deserve.

17. Waiting Too Long to Pursue the Car Accident Claim

Be mindful of the statute of limitations in your jurisdiction. Missing these deadlines could forfeit your right to compensation.

Additional Tips and Considerations

  • Refrain from Social Media Posts About the Accident: Discussing the accident on social media can be detrimental, as insurance companies might use this information against you.

  • Hire an Experienced Personal Injury Attorney: To address the challenges of your case, select a lawyer with a strong background in personal injury claims.

  • Keep Detailed Records of All Expenses: Document all costs related to the accident, including medical bills, repair estimates, and lost wages.

Fact-Checked

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.