A car wreck can be a disorienting and traumatic experience. In the chaos and confusion, it’s easy to make mistakes that could impact your ability to seek compensation. At Ross Moore Law, we understand how overwhelming the aftermath of a car crash can be, but it’s important to avoid certain missteps that could jeopardize your case.
This blog explains seven common mistakes to avoid after a car accident to protect your rights. If you have been in a collision, don’t hesitate to reach out to a car accident lawyer. Our team at Ross Moore Law can help you navigate the claims process and get the compensation you deserve.
1. Not Calling the Police After a Car Accident
One of the most significant mistakes people make after a car accident is failing to call the police. You may be tempted to handle the situation informally, especially if the damage appears minor. However, even in what seems like a straightforward accident, it’s crucial to have an official police report.
When the police arrive at the scene, they will assess the situation, document the accident, and take statements from those involved. The police report can serve as a key piece of evidence when determining liability and proving fault. It provides an unbiased third-party account of the accident, which can be invaluable when dealing with insurance companies or presenting your case in court.
Without a police report, you risk facing a “he said, she said” situation where it’s your word against the other driver’s. This can make it much harder to prove your case and recover compensation for your damages. Always call the police after an accident, regardless of the severity.
2. Not Gathering Evidence at the Accident Scene
Another common mistake after a car accident is failing to gather sufficient evidence at the scene. The moments immediately following the accident are critical for collecting information that will support your claim. This evidence can help establish fault, document the extent of your injuries, and prove the impact of the accident on your life.
Here are some essential steps to take when gathering evidence at the scene:
- Take photos and videos: Capture the damage to all vehicles, the surrounding area, skid marks, road conditions, weather conditions, and any visible injuries.
- Get contact information: Collect the names, phone numbers, addresses, and insurance information from all drivers involved. If there are witnesses, ask for their contact details as well.
- Document details: Write down or record notes about how the accident occurred while the details are still fresh in your mind. Include information about the location, time of day, and anything else that could be relevant to your claim.
Failing to gather enough evidence can make it more difficult for your lawyer to build a strong case on your behalf. It’s better to over-document the situation than to miss critical details that could help prove your claim.
3. Waiting to Seek Medical Care
In the aftermath of a car accident, you may feel fine or believe that your injuries are minor. However, some injuries, such as whiplash, concussions, or internal damage, may not show symptoms right away. Delaying medical care is a mistake that can have serious consequences for both your health and your legal claim.
Insurance companies often view delays in seeking medical care as a sign that your injuries are not severe. They may use this against you to deny or reduce your claim. Even if you don’t feel pain immediately after the accident, it’s important to get checked by a medical professional as soon as possible. Documenting your injuries early on will help establish a direct link between the auto accident and your medical condition, which is crucial when pursuing compensation.
4. Saying “I’m Sorry”
It’s natural to feel shaken after a car accident, and in the heat of the moment, many people instinctively apologize. However, saying “I’m sorry” can be interpreted as an admission of guilt, even if you weren’t at fault for the accident. Insurance companies can use your apology as evidence to try to shift blame onto you, which can reduce the compensation you’re entitled to receive.
In Georgia and many other states, being partially at fault for an accident can impact your ability to recover damages. Under Georgia’s comparative negligence rule, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. If you are found to be more than 50% at fault, you may be barred from recovering any compensation at all.
Instead of apologizing, focus on exchanging information with the other driver and documenting the accident. Avoid discussing who was at fault and let the police and your attorney handle the determination of liability.
5. Giving a Recorded Statement to the Insurance Company
After a car crash, the other driver’s insurance company may contact you and ask for a recorded statement. It may seem like a routine request, but giving a recorded statement without first consulting with a lawyer is a mistake that can hurt your case.
Insurance adjusters are trained to look for information that could be used to minimize your claim or deny it altogether. Even seemingly innocent statements can be taken out of context and used against you. For example, if you downplay your injuries or provide conflicting information, the insurance company may argue that your claim is exaggerated or false.
Before giving any statements to the other driver’s insurance company, it’s important to speak with an experienced car accident lawyer. Your lawyer can help you understand your rights, advise you on what to say, and handle all communications with the insurance company on your behalf.
6. Settling the Case Too Quickly
After a car accident, it’s common for the insurance company to offer a quick settlement. While it may be tempting to accept a settlement and move on, settling too quickly can be a costly mistake. Insurance companies often offer lowball settlements early on, hoping that you’ll accept less than what you deserve before you fully understand the extent of your injuries and damages.
Once you accept a settlement, you typically give up your right to pursue further compensation, even if your injuries worsen or you discover additional damages later. It’s essential to wait until you have a clear picture of your medical condition, future treatment needs, and the full financial impact of the accident before agreeing to a settlement.
Before accepting any settlement offer, consult with a car accident lawyer who can evaluate the offer and negotiate for a fair amount that fully compensates you for your losses.
For more information about the settlement process, check out our blog about how long a car accident settlement may take.
7. Posting About the Car Accident on Social Media
In today’s digital age, it’s common for people to share their experiences on social media. However, posting about your car wreck on social media is a mistake that can harm your legal case. Insurance companies and defense attorneys often monitor social media accounts for evidence that can be used against you.
For example, if you post photos of yourself engaging in physical activities after the accident, the insurance company may argue that your injuries aren’t as serious as you claim. Even seemingly innocent posts, such as updates on your recovery, can be misinterpreted and used to undermine your case.
To protect your claim, it’s best to avoid posting anything about the car accident or your injuries on social media until your case is resolved. In general, it’s a good idea to keep a low profile and limit your online activity while your legal case is ongoing.
Contact Ross Moore Law
At Ross Moore Law, we are dedicated to helping car accident victims navigate the legal process and pursue the compensation they deserve. If you’ve been involved in a car crash, contact us for a free consultation. Our experienced team will guide you through each step, ensuring that your rights are protected and that you receive the compensation you need to recover.
Taking the right actions after a car accident can make all the difference in your ability to hold the responsible party accountable and secure fair compensation for your injuries and damages. Let Ross Moore Law handle your case with the care and attention it deserves.