A serious car accident can leave anyone shaken and unsure of what to do next. In the aftermath, it’s easy to make missteps that could hurt your chances of a fair insurance claim settlement.
Below, we outline the most common mistakes people make when filing a car accident claim and how to avoid them so that you can protect your rights and strengthen your case.
Not Getting an Official Report or Calling the Police
One of the biggest mistakes after a collision is failing to call the police to the scene. Even in a minor fender-bender, a police report can be a key piece of evidence. An official accident report documents key details like the date, time, location, and the officers’ initial assessment of fault.
Without an official report, you could find yourself in a “your word vs. theirs” situation. For instance, you might be involved in a case where the other driver initially apologizes but later denies fault or even the accident’s severity.
If you don’t involve law enforcement, insurance companies may question whether the accident happened as described or might dispute your version of events. This is especially the case if the wreck happened at an unmarked intersection, such as in the country.
Failing to Gather Enough Evidence at the Scene
When you leave the accident scene without gathering enough evidence, your claim can suffer later. Relying only on the police report or the insurer’s findings means missing details that could back up your version of events.
If you are physically able, use your smartphone to document the scene thoroughly. Take wide-angle and close-up photos of vehicle damage, skid marks, intersection or traffic signals, and any visible injuries.
Also, collect the names and contact information of witnesses, as well as the other driver’s license and insurance details. It’s better to have too much information than not enough.
Not Seeking Prompt Medical Attention
One frequent mistake is delaying a medical check-up or failing to see a doctor at all because you feel “okay” at the moment. This can harm both your well-being and your claim.
The reality is that many injuries from car accidents, such as whiplash, concussions, or internal injuries, may not show symptoms immediately. Adrenaline and shock can also mask pain, so you might not realize you’re hurt until hours or days later.
Insurance companies know this, and if you wait too long to get medical care, they might argue that your injuries aren’t serious or weren’t caused by the accident at all. This is also why insurance companies make quick offers to settle for less money.
Talking to the Insurance Company Without Proper Caution
After a crash, insurance adjusters often reach out — either from the at-fault driver’s insurer or from your own carrier. Treating these calls as casual conversations can jeopardize a claim, since anything you say may be used against you.
You can and should report the basic facts of the accident to your own insurance company, as required. But be very careful when discussing details, especially with the other party’s insurer.
It’s perfectly acceptable to postpone a conversation until you’ve spoken to an attorney. If you do talk to an adjuster, stick to the facts (date, time, location, the vehicles involved) and do not volunteer extra information.
If asked to give a recorded statement, you have the right to decline or to insist that it be done later, ideally with an attorney present or advising you. As a general rule, avoid signing any documents from an insurance company without consulting a lawyer; you might inadvertently waive important rights.
Settling Too Early
It can be very tempting to accept the first settlement offer an insurance company puts on the table. After an accident, bills can pile up quickly from car repairs, medical costs, and missed work. You might need money fast.
However, accepting a quick settlement offer is often a mistake because initial offers are usually much lower than the true value of your claim. Insurance companies know that injured people may be in a tough spot financially and try to get them to settle before they fully understand the extent of their injuries and losses.
It’s usually in your best interest to wait until you’ve completed medical treatment (or at least have a clear understanding of your prognosis) and have totaled all of your expenses before considering any settlement.
Consult with a lawyer who can evaluate whether the offer is fair. Often, once all factors are considered, the fair value of your claim will be much higher than that first lowball figure. We are consistently able to put more money in our client’s pocket than what they would receive without hiring us, even with paying our contingency fee.
Schedule a Free Case Review
If you or a loved one has been in a car, motorcycle, or truck accident, contact the Law Offices of Glenn & West, LLC for legal help. Our auto accident lawyers can guide you through the claims process and help you avoid pitfalls as you pursue the compensation you deserve. Contact us today for a free consultation.
