Suffering a car accident injury can be an emotional event. You may be dazed by a brain injury, in shock due to the suddenness of the crash, or angry at the other driver. The pain you feel may cause you to lash out at police officers and EMTs. When emotions are running high, you might speak without thinking — but that would be a big mistake.
Why Your Words Matter After a Car Accident Injury
Despite the physical and emotional trauma you experience, your words and actions could be used to reject or reduce your claims. Normally, out-of-court statements are inadmissible hearsay. Courts consider hearsay unreliable because it depends on someone else’s recollection of what you said independent of the context.
However, the hearsay rule has three important exceptions:
- Present sense impressions describing what you perceived when it happened
- Excited utterances made in the heat of the moment
- Explanations of your existing mental, emotional, or physical condition
These statements are considered reliable because the speaker has less time and motivation to fabricate them. This means the other driver’s insurer can use phrases in these categories when analyzing your claim or defending their customer in court. In particular, the following phrases could come back to haunt you during an injury claim:
1. “I’m Fine”
You should not downplay your injuries. Stating “I’m fine” can undercut any claim you file. If you state that you are fine at the accident scene, the investigating officers might note the lack of injuries in their report.
Additionally, if you state that you feel fine when you speak to the claims adjuster, they can twist your words to mean that you did not suffer any injury or that you have healed. In either case, the insurer can make it sound like you faked or exaggerated the harm you’ve experienced.
2. “It Was My Fault”
You should not admit fault, even partially. You can jeopardize your injury claim by incorrectly accepting responsibility for a collision.
Remember that you are not a lawyer and should not try to analyze who was at fault for your crash. Instead, stick to the facts when talking to the other driver, the responding police officers, and the claims adjuster.
3. “I Don’t Need a Lawyer”
Avoid making any statements about your plans to handle your case. Although you will not be bound by any pronouncement not to get a lawyer, doing so can create the false impression that you were not injured and do not intend to seek compensation.
4. “I’m Sorry”
You should not apologize to the other driver after a car accident. They can misinterpret an apology as an admission of fault. Even if you feel partially responsible, leave the liability analysis to the lawyers and insurers.
5. “I Didn’t Feel Hurt at First”
You should avoid making any medical diagnoses just as you should avoid reaching any legal conclusions. Some forms of physical harm, like brain injuries, take time before you experience symptoms. Allow your medical records to speak for themselves.
6. “The Insurance Will Cover It”
You should avoid making any assumptions about the insurance coverage you or the other driver have. Exchange insurance information and let the insurers determine what is covered.
Saying that insurance will cover it implies that you caused the accident. Texas only requires liability insurance. Your liability insurance covers the other driver’s injuries and vice versa. Your insurance does not extend to your injuries unless you’ve added optional medpay coverage.
7. “I Don’t Want to Get Anyone in Trouble”
Be completely honest about what happened. You have a legal duty to the investigating officers and a contractual duty to your insurer to truthfully describe what happened to the officers investigating the crash. A failure to fully explain the events as you understand them can make you seem dishonest in an insurance claim or court case.
8. “Everything’s Fine Now”
Unless you are a doctor, you should let your medical records speak for themselves. Your injuries might have caused conditions that persist or deteriorate over time. For example, torn cartilage in your knee can lead to arthritis. Even if you feel fine after the crash, you might not feel fine a year or two later.
9. “I’ll Settle Quickly”
Fair settlements take time and patience. An insurer often starts with a lowball offer and forces your car accident attorney to negotiate for a higher payout. By offering to settle quickly, you invite an offer that’s even lower than normal.
10. “It Was Just a Minor Accident”
There is no generally accepted definition of a “minor” accident. Thus, describing your accident as minor can be inadvertently or deliberately misinterpreted to mean that you suffered no losses.
Equally importantly, minor crashes can lead to serious injuries. For example, a rear-end crash that dents your bumper can still cause whiplash and a concussion.
FAQ
What Is a Recorded Statement?
A recorded statement is a recorded audio or video call with the other driver’s insurer. It is very risky because the claims adjuster can use the things you say to deny or reduce your claim.
When Should I Speak to a Lawyer?
Consider speaking to a lawyer early in the process. Your car accident lawyer can talk to insurers on your behalf to avoid any inadvertent admissions.
What Will a Lawyer Advise Me to Say?
The lawyer will likely advise you to go silent during your claim. You should not speak to the other party’s insurer or even post about your case on social media. Insurers love combing through your public social media accounts for anything suggesting inconsistencies in your story.
Contact Us for Representation in Your Claim
Car accident injury victims can inadvertently jeopardize their claims by saying the wrong thing. Contact the team at Ramsey Law Group for a free consultation to learn how we can help handle your case.