Car accidents can lead to major legal consequences if it is not handled properly. From failing to document the accident scene to sharing excessive information with insurance companies, small mistakes can greatly affect your opportunity to recover fair compensation. Knowing common mistakes to avoid will help ensure you handle the legal process properly while also protecting your rights. Your response to the aftermath of such a collision will have an impact on the outcome of your settlement, adding stress and pressure into the situation. But, speaking to a legal expert can help you know how to proceed with confidence.
What Are 90% of Accidents Caused By?
About 90% of accidents are caused by driver-related errors, like speeding, distracted driving, or impaired judgement. These mistakes often result in legal consequences, like hit-and-run cases, which increased by 26% in 2020 when compared to 2019. To make matters worse, roughly 17% of all cars on California’s roads are uninsured, leaving affected individuals without a straightforward approach to recover compensation. That is why carrying uninsured motorist coverage is important as it not only protects you if the at fault driver has inadequate insurance, but it also offers coverage in many cases of hit-and-run collisions.
1. Admitting Fault
Even if you think you may have caused the auto accident, admitting guilt to the other driver’s insurance company is not the best move to make immediately after the crash. Liability can be complicated, and insurance adjusters will try to use your words against you to minimize or deny your claim. Be sure to stick to factual statements about what happened without shifting blame onto you or others.
2. Speculating About the Incident
Do not guess or offer opinions about what caused the collision. Sharing such statements can be misinterpreted. Only provide facts you know to be true and that can help pave the way to hold those responsible accountable for their actions.
3. Over- Or Under-Estimating Damages
Avoid sharing statements about the costs of damages or injuries as it could be inaccurate or hurt your claim later on. Let the repair shops and medical professionals provide the official assessments, because depending on the nature of the accident, over/under estimating your damages can potentially have a negative affect on your claim.
4. Sharing Excessive Information
Insurance companies may ask you about unrelated medical history, employment, or lifestyle habits. Do not give them unnecessary personal information as it can be a recorded statement used against you to argue that your injuries may have been caused by something else.
5. Posting on Social Media About the Collision
Do not post information about the car accident on social media, whether it is uploading a photo, posting a comment, or sharing status updates. Any of these can and will be used against you. Also, you should refrain from sharing details or opinions about the accident online.
6. Guessing Your Future Symptoms of Recovery
Try not to vocalize your speculations on your condition by saying “I’ll be fine in a week” or “I might be permanently injured.” These can later contradict your medical records or claim for ongoing treatment and insurance adjusters want people to make these speculations as it will help them minimize their costs should they need to pay you for the accident.
7. Accepting the First Offer
Insurance adjusters will try to pressure you into accepting the first settlement offer before having you understand the full extent of your damages. This will prevent you from obtaining compensation that reflects the actual value of your car accident claim. In addition, the chances of you fully recovering from a severe accident with a low ball offer is very low and will impact your quality of life until you get the medical treatment you need.
What Are the Top 5 Steps You Should Follow if You Are in a Car Accident?
Car accidents can happen when you least expect it to, leaving affected individuals feeling stressed and confused. Knowing what to do shortly after such an event can maintain your safety, preserve key evidence, and help ensure you are given fair treatment.
Following the steps below can make a big difference when it comes to handling medical concerns, reporting the collision, and protecting your legal rights.
- Contact the police: Immediately assess your condition and of the parties involved in the crash. If you detect any injuries or damages, you should reach out to your local law enforcement and request emergency assistance. Be sure to move to a safe location, if possible, while waiting for help to arrive. Once officers are at the accident scene, they will conduct a police report covering the incident. Paramedics may also be on site to provide medical care to those who sustained injuries.
- Collect evidence: Gathering evidence is important when pursuing a personal injury claim. Take photos of your injury, damages, and surrounding conditions. Surveillance footage is suggested as it can provide visual proof of how the accident happened and what may have caused it. Try to acquire the other party’s contact, vehicle, and insurance information. Witness names and phone numbers should also be noted, if possible.
- Seek immediate medical attention: Seeking medical attention shortly after the car accident is encouraged. This applies even if you think you suffered minor injuries. Adrenaline can temporarily mask pain, thus making it not immediately apparent. So, be sure to get yourself evaluated by a medical professional to check for any notable issues. Your medical records, bills, and treatment documentation will be saved on file, and can be used for insurance claims and legal cases.
- Consult with a car accident lawyer: A car accident lawyer will prevent you from admitting fault and will tell you what you should avoid saying that could harm your personal injury claim. They will help you pursue full compensation to cover losses you incurred by negotiating with insurers on your behalf and representing you in court if your case heads to trial.
- Notify the insurance company: Once you have explained your situation to your lawyer, the next step would be to notify your auto insurance company. Your lawyer will advise or handle communication to protect your rights and ensure you are granted a fair settlement offer.
Involved in a Car Accident? Book a FREE Consultation with West Coast Trial Lawyers Today
Car accident victims often undergo overwhelming challenges shortly after a car crash. From gathering crucial evidence and collecting witness statements to keeping track of insurance details, every step plays a role in developing a well-constructed personal injury claim. That is why having legal representation on your side can make a big difference.
At West Coast Trial Lawyers, our car accident attorneys will take on all aspects of your case, ensuring all important information has been noted. With our guidance, you can focus on healing as we pursue full compensation to help cover the losses you incurred.
To book a FREE consultation, you can connect with us by calling (213) 927-3700 or filling out our convenient online contact form.
