A car accident is a traumatic experience that can leave you shaken and uncertain about what to do next. Any action you take in the aftermath of a crash can impact your ability to get fair compensation for your injuries and other losses.
Unfortunately, many people make mistakes that end up weakening their cases. By retaining a car accident lawyer early on in the process, you can avoid the following common pitfalls and protect your rights.
Admitting Fault or Making Statements at the Scene
One of the most damaging mistakes those involved in car accidents make is admitting fault at the accident scene. You might feel partially responsible or tempted to be polite, but any remarks you make can be taken as a show of guilt.
Statements like “I didn’t see you” or “I just looked away for a second” might seem harmless, but insurance companies can use them to reduce or even deny your claim. When you talk to the driver, police officers, or witnesses, stick to the facts. Don’t make any speculative statements — let the professionals figure out who caused the crash.
Not Calling the Police
Surprisingly, many drivers elect not to call the police after an accident, wanting to handle the situation informally instead. However, not filing a report will only make things more complicated later. Police reports provide an objective account of the incident, which will be critical if you decide to pursue legal action.
Besides this unbiased opinion, the police report will contain much more information that your car accident attorney can use to bolster your case. This includes the date, time, and location of the crash, witness statements, and the responding officer’s preliminary findings.
Failing to Document Evidence From the Scene
Accidents happen fast, and the scene can change just as quickly. If you don’t document it right away, you could miss critical details that might otherwise support your case.
Assuming you’re physically able, take photos or videos of the vehicle damage, license plates, skid marks, posted traffic signs, and any visible injuries you’ve sustained. (You can have someone else do this if you’re hurt.)
Additionally, make a note of the weather, traffic, and lighting conditions, and take down contact information from witnesses so your car accident lawyer can contact them later.
Not Seeking Medical Attention
Some drivers who get into accidents don’t get checked out at the hospital after a crash, figuring they must be fine if they’re not in pain. However, symptoms of injuries like whiplash, internal bleeding, and concussions don’t always show up right away, and they can cause serious health issues if they’re not treated quickly.
The importance of getting prompt medical attention can’t be overstated. Doing so protects your health and ensures that any hidden injuries are found and diagnosed early. Your medical records will also establish a clear link between the collision and your resulting injuries, further strengthening your case.
Ignoring Follow-Up Appointments
Skipping follow-up appointments or failing to stick to your recommended treatment plan can also have a detrimental effect on your claim. Insurance adjusters may argue that your injuries can’t be as bad as you say they are if you’re not willing to follow through with your medical care.
Make it a point to keep all follow-up appointments so as not to give the at-fault party’s insurer any reason to deny your claim.
Heed your doctor’s advice regarding procedures, physical therapy, and medication, and reschedule appointments if something comes up. Keep records of your treatment and related expenses to help your car accident attorney calculate your damages properly.
Opting Not to Contact a Car Accident Lawyer
Too many people underestimate how complicated the claims process can be and try to handle it on their own. A skilled lawyer will know how to navigate the legal system, negotiate with insurers, and develop a strong case on your behalf.
With that in mind, you should talk to an attorney as soon as possible after your accident — until you’ve done so, don’t speak to any insurance adjusters. You’ll need dedicated legal counsel in your corner if the at-fault party disputes their liability.
Settling With Insurance Companies Too Quickly
Insurance companies like to send lowball offers in the hopes that victims will accept them because they’re desperate for money. It might be tempting, but resist the urge to say yes to the first figure you’re quoted. Settling prematurely can leave you with insufficient funds for future costs related to your injuries.
Your attorney can evaluate the full extent of your losses, both current and future, and make sure your settlement will cover those expenses. If they can’t work out a fair agreement, they’ll represent your interests in court.
FAQ
What Should I Do if the Other Driver Isn’t Insured?
You may still be able to recover compensation through your own insurance if you have uninsured/underinsured motorist coverage. Alternatively, you can file a personal injury claim.
Can I Still File a Claim if I Was Partially Responsible?
Yes. Texas follows a modified comparative negligence rule, which means you can recover damages as long as you’re less than 51% responsible for the accident. However, your payout will hinge on your assigned percentage of fault.
How Long Do I Have to File a Claim?
In Texas, you generally have two years from the date of the accident to file a claim. However, certain exceptions might apply, so talk to an attorney to make sure you submit your claim on time.
Avoid Costly Mistakes After a Car Accident
The seasoned legal team at Ramsey Law Group is committed to helping accident victims get the compensation they need to recover and move forward. If you’ve been hurt in a car accident, contact us today to schedule a free consultation.