A car accident is a jarring, disorienting experience that can leave even the calmest person shaken and confused. In the chaotic moments that follow a collision, making mistakes are easy. While your first priority is always your safety, the actions you take at the scene of the crash, and in the days that follow, can have a profound impact on your health, your financial recovery, and your ability to bring a successful personal injury claim.
Insurance companies are not on your side. They have a team of adjusters and lawyers whose primary job is to find reasons to deny or devalue your claim. Common, innocent mistakes made by accident victims are often the ammunition they need to do just that. Understanding these pitfalls and knowing how to avoid them is your best defense. This article will highlight five of the most critical mistakes people make after a car accident and explain how Elias Kohn Law can help you avoid them and protect your rights.
1. Not Calling the Police
After a car accident, it can be tempting to just exchange insurance information with the other driver and be on your way. Both drivers might seem cooperative, and calling the police can feel like an unnecessary hassle. This is a significant mistake.
A police report is one of the most valuable pieces of evidence in a car accident claim. It is an official, third-party document that contains a wealth of critical information, including:
- The date, time, and location of the accident.
- The names, contact information, and insurance details of all drivers involved.
- Statements from drivers and any independent witnesses.
- A diagram of the accident scene and the positions of the vehicles.
- The officer’s initial assessment of how the crash occurred and who may have been at fault, including any traffic citations issued.
Without a police report, the accident becomes a "he said, she said" situation. The other driver, who crashed into you but seemed so apologetic at the scene, may later change their story and claim you were at fault. That driver’s insurance company will use this dispute to deny your claim. Calling the police creates an official record that is difficult to challenge and provides a solid foundation for your personal injury case.
2. Admitting Fault or Apologizing
In the stressful moments after a crash, it is a natural human instinct to be polite and even apologetic for something that is not your fault. You might say something as simple as, "I'm so sorry, I didn't see you," out of sheer shock or courtesy. To an insurance adjuster, however, that apology is not a sign of politeness—it is an admission of guilt.
You should never admit fault, apologize, or speculate about the cause of the accident at the scene. You may not have all the facts. Perhaps the other driver was drinking, or speeding, or their brake lights were out. Right after a stressful accident, you are likely not in a position to make a legal determination of fault.
Any statement you make can be recorded by the other driver or witnesses and will be used by the insurance company to argue that you accepted responsibility for the crash. Instead of apologizing, stick to the facts. Exchange information calmly and professionally. Let the police and, later, your attorney investigate the facts to determine who was legally at fault.
3. Delaying Medical Treatment
Adrenaline is a powerful chemical. It can mask the symptoms of serious injuries in the hours and even days following a car accident. You might feel a little sore but believe you are otherwise unharmed. The temptation is to "tough it out" and see if the pain goes away on its own. While this is how we often must deal with injuries, this is a dangerous mistake for both your health and your legal claim.
Delaying medical treatment can have two major negative consequences:
- It can harm your health. Injuries like whiplash, internal bleeding, or concussions may not present obvious symptoms immediately. Waiting to see a doctor can allow these conditions to worsen, leading to chronic pain and long-term complications.
- It will be used against you by the insurance company. Insurance adjusters are trained to look for any reason to deny a claim. If you wait a week or more to see a doctor, they will argue that your injuries must not have been serious. They will claim that your pain is either exaggerated or that it was caused by something else that happened in the days between the accident and your doctor's visit. This "gap in treatment" is one of the most common reasons insurance companies deny claims.
You should always seek a medical evaluation as soon as possible after an accident, even if you feel fine. Go to an emergency room, an urgent care center, or your primary care physician. This creates an official medical record that documents your injuries and directly links them to the car crash, making it much harder for the insurance company to dispute your claim.
4. Not Gathering Evidence at the Scene
If you are physically able, the moments after a crash are a critical window of opportunity to gather evidence that may disappear forever once the scene is cleared. Your memory will fade, witnesses will leave, and the physical evidence will be moved.
Use the smartphone in your pocket to become your own investigator:
- Take Photos and Videos: Document everything. Take wide-angle shots of the entire accident scene, photos of the damage to both vehicles from multiple angles, pictures of skid marks on the road, and photos of any visible injuries you have.
- Get Witness Information: If anyone stopped to help or saw the accident, get their name and phone number. Independent witnesses are incredibly valuable, as they provide an unbiased account of what happened.
- Write Down What Happened: As soon as you can, write down everything you remember about the accident while it is still fresh in your mind. What street were you on? What direction were you traveling? What did you see, hear, and feel?
This evidence can be invaluable to your attorney when reconstructing the accident and proving the other driver’s fault.
5. Speaking to the Other Driver’s Insurance Company
Shortly after the accident, you will likely receive a phone call from the at-fault driver’s insurance adjuster. They may sound friendly and concerned, and they will ask you to provide a "recorded statement" about what happened. Do not do it.
The adjuster is not your friend. Their job is to find a way to pay you as little as possible. They are highly trained to ask leading questions designed to get you to say something that damages your claim. They may try to get you to:
- Downplay the severity of your injuries ("You're feeling a little sore, but mostly okay, right?").
- Admit partial fault for the accident.
- Speculate about facts you are not sure of.
You are under no legal obligation to speak to the other driver’s insurance company. The best response is to politely decline to give a statement and tell them that your attorney will be in contact. This protects you from saying something that could be taken out of context and used against you.
How a Personal Injury Attorney Can Help
Navigating the aftermath of a car accident is overwhelming. A skilled personal injury attorney acts as your guide and your advocate, helping you avoid these common mistakes and protecting your rights at every turn. Your lawyer will:
- Handle all communication with the insurance companies so you can focus on your recovery.
- Conduct a thorough investigation to gather all the evidence needed to prove your case.
- Ensure you are getting the medical treatment you need and that your bills are being paid correctly.
- Build a powerful claim that accounts for all of your damages, including medical bills, lost wages, and pain and suffering.
- Negotiate aggressively for the maximum settlement you deserve.
After an accident, you need a powerful advocate in your corner. If you have been injured in a car crash, do not try to handle the insurance companies on your own. Contact our law firm today for a free, confidential consultation where we will answer your questions and explain your rights and legal options.