A car accident can tank your finances, health, and peace of mind fast, especially if you’ve experienced a serious injury. What you do immediately following the crash will determine whether or not you receive fair compensation to pay your medical bills or get stuck living with unresolved debt.
For the best possible outcome, make sure to avoid the following mistakes so your accident doesn’t cost you more than it should.
- Skipping medical attention
Not seeking medical treatment immediately can hurt your ability to recover compensation, whether you settle with the insurance company directly or pursue a lawsuit. Even if you feel fine, you might not be okay. Symptoms like whiplash, internal bleeding, and concussion can take days or a week to show up. Delaying medical care gives the insurance company a reason to question your injuries and possibly dismiss your claim.
Medical records are considered essential evidence in car accident claims. Your compensation will be based on your injuries, and medical records are the only way to substantiate the existence and extent of your injuries.
- Negotiating with insurance adjusters
The first offer you receive from the insurance company is going to be a lowball offer. If you try to negotiate on your own, you’re going to fight hard for every extra dollar. If you attempt to negotiate a settlement without a lawyer, it’s guaranteed that you’ll receive far less than what you claim is actually worth. On top of that, insurance reps are trained negotiators and will use anything they can to lower your claim even more.
Never accept a settlement offer from an insurance adjuster without first consulting an attorney. Your lawyer might help you fight for a better settlement, or they’ll tell you it’s best to file a lawsuit against the responsible party. It all depends on the specifics of your situation and your state’s liability laws.
- Not filing a lawsuit to recover damages
You might think it’s enough to settle with the insurance company to avoid the expense and time of pursuing a lawsuit. Even if you can get what seems like a decent settlement through the insurance company, that amount won’t compare to what’s possible through a lawsuit. Lawsuits typically generate higher settlements compared to insurance offers for a few reasons:
- Your claim has a maximum payout designated by the insurance company, and no matter how skilled you are at negotiating, they can’t and won’t go any higher.
- Lawsuits allow for non-economic damages like loss of enjoyment of life and emotional distress.
- There’s no pre-determined maximum for a lawsuit settlement – the amount awarded is up to the judge, jury, or the parties negotiating.
Don’t discard the option of filing a lawsuit without talking to a lawyer first. You could be entitled to far more compensation than you realize.
- Not calling police or leaving the scene too fast
Even minor accidents should be reported to the police. A police report will document key facts like the time, location, and parties involved in the accident. In many situations, a police report plays a central role in determining the outcome of a case.
Once police are called to the scene, don’t split or it will look like you’re hiding something. Wait for the responding officer to clear the scene.
- Giving a recorded statement
Insurance adjusters will ask you for a detailed account of the situation that they’ll record. But if you make any mistakes, hesitate too long, or provide inconsistent information, they can use that to reduce your compensation. In most cases, you don’t have to provide a recorded statement, so don’t give one without talking to a lawyer.
- Admitting fault unintentionally
Even the most innocent words can be used against you after a car accident. Just saying “I’m sorry” or “my fault” can be considered an admission of guilt that prevents you from receiving compensation. Stick to factual statements and don’t try to emotionally manage the situation.
- Accepting an informal cash settlement
If the at-fault driver offers you a lump sum of cash to settle the issue, don’t take it. If you do, you could be waiving your rights to a proper settlement through their insurance company or a lawsuit.
Don’t do or say anything without talking to a lawyer
Car accidents are disruptive, painful, and costly, but recovering compensation doesn’t have to be hard. Avoiding common mistakes like the ones listed above will minimize the impact on your life. Most importantly, a lawyer will help you avoid the traps insurance adjusters set so you can walk away with the compensation you truly deserve.