12 Common Mistakes That Can Ruin Your Car Accident Claim
Navigating a car accident claim is like walking through a minefield. One wrong step can jeopardize your entire case. This comprehensive guide is designed to help you avoid the common mistakes that can ruin your car accident claim.
After a car accident, you are likely feeling overwhelmed, disoriented, and in pain. The last thing you want to worry about is a complex legal process. However, the actions you take in the hours, days, and weeks following a crash can have a profound impact on your ability to recover fair compensation for your injuries and damages. Insurance companies handle thousands of claims every day, and they are experts at finding reasons to devalue or deny them. In fact, studies show that between 5% and 15% of all auto insurance claims are denied, and in some areas, that number can be as high as 40%.
By understanding these pitfalls and learning how to protect your rights, you can position yourself for a successful outcome and secure the financial resources you need to recover and move forward. At Pencheff & Fraley, we have seen firsthand how these errors can devastate a person’s financial future, and we are committed to helping our clients avoid them.
1. Delaying or Refusing Medical Treatment
One of the most critical mistakes you can make after a car accident is failing to seek immediate medical attention. Even if you feel fine, adrenaline can mask serious injuries like whiplash, internal bleeding, or traumatic brain injuries. Symptoms may not appear for hours or even days after the crash.
Why It Matters
A delay in seeking medical care gives the insurance company a powerful argument to devalue your claim. The adjuster will argue that if you were truly injured, you would have sought treatment immediately. They may claim that your injuries were caused by something else that occurred after the accident, or that you are exaggerating their severity. A gap in treatment creates doubt, and doubt is all an insurance company needs to justify a lowball offer or a complete denial.
Real-World Example
Sarah was in a rear-end collision and felt a bit sore but decided to go home and rest instead of going to the emergency room. A week later, she was in excruciating back pain and was diagnosed with a herniated disc requiring surgery. The insurance company argued that since she waited a week for treatment, the herniated disc could have been caused by lifting a heavy box at home, not the car accident. Her claim was initially denied.
What to Do Instead
Always get checked out by a medical professional as soon as possible after an accident, even if you don’t think you are seriously injured. Go to the emergency room, an urgent care clinic, or your primary care physician. This creates a medical record that directly links your injuries to the accident, which is crucial evidence for your claim.
2. Admitting Fault at the Accident Scene
In the chaotic moments after a crash, it’s natural to be apologetic, even if the accident wasn’t your fault. Saying things like “I’m so sorry” or “I didn’t see you” can be misinterpreted as an admission of guilt.
Why It Matters
Any statement you make at the scene can be used against you by the other driver’s insurance company. Even a simple apology can be twisted into an admission of liability, making it much harder to prove that the other driver was at fault. In states with comparative negligence laws, admitting fault can reduce the amount of compensation you are eligible to receive, even if the other driver was primarily responsible.
Real-World Example
John was involved in a T-bone accident at an intersection. He was shaken up and immediately said to the other driver, “I’m so sorry, I should have been paying more attention.” Later, it was determined that the other driver had run a red light. However, the insurance company used John’s statement to argue that he was partially at fault, reducing his settlement by 30%.
What to Do Instead
After an accident, stick to the facts. Do not apologize or admit fault. Exchange insurance and contact information with the other driver, and cooperate with the police. Let the investigation determine who was at fault. You can express concern for the other driver’s well-being without admitting responsibility.
3. Not Gathering Sufficient Evidence at the Scene
The moments after a car accident are a critical time for gathering evidence. Failing to document the scene can make it your word against the other driver’s, which is a difficult position to be in.
Why It Matters
Physical evidence disappears quickly. Skid marks fade, debris is cleared away, and witnesses leave. Without photos, videos, and witness statements, it can be challenging to reconstruct the accident and prove what happened. A police report is a good start, but it may not capture all the details.
Real-World Example
Maria was in an accident where the other driver claimed she had merged into his lane. Maria knew he had swerved into hers, but she didn’t take any photos of the final resting positions of the cars or the tire marks on the road. Without this evidence, the insurance company declared it a “word vs. word” situation and assigned 50/50 fault, cutting her potential settlement in half.
What to Do Instead
If you are physically able, use your smartphone to document everything. Take photos and videos of:
- The damage to all vehicles involved
- The license plates of all vehicles
- The accident scene from multiple angles
- Skid marks, debris, and any traffic signs or signals
- Your visible injuries
Get the names and contact information of any witnesses. Ask them what they saw and if they would be willing to provide a statement.
4. Giving a Recorded Statement to the Other Driver’s Insurance Company
Shortly after the accident, you will likely receive a call from the other driver’s insurance adjuster. They will be friendly and seem helpful, and they will ask you to provide a recorded statement about what happened.
Why It Matters
Insurance adjusters are trained to ask leading questions designed to get you to say things that will hurt your claim. They may ask you to speculate about the cause of the accident, the extent of your injuries, or your medical history. Your words can be taken out of context and used to deny or devalue your claim. For example, if you say you are “fine” when they ask how you are, they will use that to argue that you weren’t injured.
Real-World Example
David gave a recorded statement and mentioned that he had a pre-existing back condition. The insurance company then used this to argue that all of his back pain was from his old injury, not the car accident, and refused to pay for his medical treatment.
What to Do Instead
You are not legally obligated to provide a recorded statement to the other driver’s insurance company. Politely decline their request. You can tell them that you are not comfortable providing a statement at this time and that you will be seeking legal counsel. An experienced car accident attorney can handle all communications with the insurance company on your behalf.
5. Posting About the Accident on Social Media
In today’s digital age, it’s tempting to post about your accident on social media to let friends and family know what happened. However, this is a major mistake that can have serious consequences for your claim.
Why It Matters
Insurance companies routinely investigate claimants’ social media profiles. They are looking for any photos, videos, or posts that contradict your claims. A photo of you at a family barbecue, a post about going for a walk, or a comment about feeling better can all be used to argue that you are not as injured as you claim to be.
Real-World Example
Lisa was claiming a serious neck injury that limited her ability to perform daily activities. The insurance company found a photo on her Facebook page of her holding her nephew at his birthday party. They used this photo to argue that her neck injury was not as severe as she claimed, and they made a very low settlement offer.
What to Do Instead
The best advice is to stay off social media entirely while your claim is pending. If you must use it, set your profiles to private and do not post anything about the accident, your injuries, or your activities. Ask your friends and family not to post photos of you or tag you in any posts.
6. Accepting the First Settlement Offer
Insurance companies are in the business of making money, not paying out large settlements. They will often make a quick, lowball settlement offer in the hopes that you will accept it before you know the true value of your claim.
Why It Matters
The first offer is almost always less than what your claim is actually worth. It may not cover your future medical expenses, lost wages, or pain and suffering. Once you accept a settlement, you waive your right to seek any further compensation, even if your injuries turn out to be more serious than you initially thought.
Real-World Example
Michael accepted a $5,000 settlement offer a week after his accident. A month later, he learned that he needed surgery on his knee, which would cost over $25,000. Because he had already accepted the settlement, he was responsible for paying for the surgery out of his own pocket.
What to Do Instead
Never accept the first settlement offer without consulting with an experienced car accident attorney. An attorney can help you understand the true value of your claim, including future medical needs and non-economic damages. They can negotiate with the insurance company on your behalf to ensure you receive a fair settlement.
7. Not Following Your Doctor’s Treatment Plan
It is crucial to follow your doctor’s orders and attend all of your medical appointments. This includes physical therapy, specialist consultations, and any other recommended treatments.
Why It Matters
If you miss appointments or don’t follow your treatment plan, the insurance company will argue that you are not taking your recovery seriously. They will claim that your injuries must not be that severe, or that you are not doing your part to get better. This can significantly reduce the value of your claim.
Real-World Example
Jessica was prescribed six weeks of physical therapy for her whiplash injury. After three weeks, she started feeling better and stopped going to her appointments. The insurance company used her non-compliance to argue that she had fully recovered and refused to pay for any further medical treatment or pain and suffering.
What to Do Instead
Follow your doctor’s treatment plan to the letter. Attend all of your appointments and follow through with all recommended treatments. If you have concerns about the treatment plan, discuss them with your doctor. Keep a journal of your appointments, symptoms, and how your injuries are affecting your daily life.
8. Waiting Too Long to File a Claim
Every state has a statute of limitations, which is a deadline for filing a personal injury lawsuit. If you miss this deadline, you will lose your right to seek compensation for your injuries.
Why It Matters
In addition to the statute of limitations, waiting too long to file a claim can weaken your case. Evidence disappears, witnesses’ memories fade, and it becomes more difficult to prove your claim. The insurance company will also argue that if your injuries were serious, you would have filed a claim sooner.
Real-World Example
Robert was injured in a car accident but decided to wait to see if he would get better on his own. Two years later, he was still in pain and decided to file a claim. However, the statute of limitations in his state was two years, so he was barred from recovering any compensation.
What to Do Instead
Contact a car accident attorney as soon as possible after your accident. They can advise you on the statute of limitations in your state and ensure that all deadlines are met. Filing a claim promptly also shows the insurance company that you are serious about your case.
9. Not Keeping Detailed Records
A car accident claim is a document-intensive process. Failing to keep detailed records of your expenses, medical treatment, and other damages can make it difficult to prove your losses.
Why It Matters
You are entitled to be compensated for all of your losses, both economic and non-economic. Without proper documentation, it is challenging to calculate the full value of your claim. You may forget about certain expenses or have trouble proving them to the insurance company.
Real-World Example
Nancy missed several weeks of work due to her injuries but did not keep copies of her pay stubs or a letter from her employer documenting her lost wages. As a result, she was unable to recover the full amount of her lost income.
What to Do Instead
Create a file and keep all of your accident-related documents in one place. This should include:
- The police report
- Medical bills and records
- Receipts for out-of-pocket expenses (e.g., prescriptions, medical equipment)
- Pay stubs and documentation of lost wages
- Photos and videos of the accident scene and your injuries
- A journal detailing your pain, symptoms, and how your injuries are affecting your daily life
10. Signing Documents Without Legal Review
Insurance companies may ask you to sign various documents, such as a medical authorization release or a settlement agreement. It is a major mistake to sign anything without having it reviewed by an attorney.
Why It Matters
A medical authorization release may give the insurance company broad access to your entire medical history, which they can use to look for pre-existing conditions to blame for your injuries. A settlement agreement is a legally binding contract that releases the insurance company from any further liability. If you sign it, you cannot seek any more compensation, even if your injuries worsen.
Real-World Example
Tom signed a medical release that allowed the insurance company to access all of his medical records. They discovered that he had seen a chiropractor for back pain five years earlier and used this to argue that his current back injury was not caused by the accident.
What to Do Instead
Do not sign any documents from the insurance company without having them reviewed by a car accident attorney. An attorney can ensure that your rights are protected and that you are not signing away your right to fair compensation.
11. Misunderstanding Comparative Negligence
Many people believe that if they are even partially at fault for an accident, they cannot recover any compensation. This is not always true. Most states follow a comparative negligence system.
Why It Matters
Under a comparative negligence system, you can still recover damages even if you were partially at fault, but your recovery will be reduced by your percentage of fault. For example, if you were 20% at fault, you can still recover 80% of your damages. However, some states have a modified comparative negligence rule, where you cannot recover anything if you are 50% or more at fault. Understanding how this works is crucial to your claim.
Real-World Example
Karen was making a left turn when she was struck by a speeding driver. The insurance company argued that she was 60% at fault for failing to yield the right of way. In her state, which had a 50% bar rule, this would have meant she would get nothing. However, her attorney was able to prove that the other driver was excessively speeding and was able to reduce her fault to 30%, allowing her to recover 70% of her damages.
What to Do Instead
Do not assume that you cannot recover compensation if you were partially at fault. An experienced car accident attorney can investigate the accident, gather evidence, and fight to minimize your percentage of fault.
12. Not Hiring an Experienced Car Accident Attorney
Perhaps the biggest mistake you can make is trying to handle your car accident claim on your own. The insurance company has a team of lawyers and adjusters on their side, and you should too.
Why It Matters
Studies have shown that people who hire a personal injury attorney receive significantly higher settlements than those who do not, even after accounting for attorney fees. An attorney can level the playing field and protect you from the insurance company’s tactics. They can handle all the paperwork, negotiations, and legal complexities, allowing you to focus on your recovery.
Real-World Example
After her accident, Maria tried to negotiate with the insurance company on her own. They offered her $10,000. She then hired an attorney, who was able to uncover additional evidence and negotiate a settlement of $75,000.
What to Do Instead
Contact an experienced car accident attorney as soon as possible after your accident. Most personal injury attorneys work on a contingency fee basis, which means you don’t pay anything unless they win your case. At Pencheff & Fraley, we offer a free consultation to discuss your case and explain your legal options.
Understanding the Car Accident Claim Process
The car accident claim process can be confusing. Here is a simplified overview:
- Report the Accident: Call the police and your insurance company.
- Seek Medical Treatment: Get checked out by a doctor.
- Gather Evidence: Document the scene and your injuries.
- Consult with an Attorney: Discuss your case with a personal injury lawyer.
- File the Claim: Your attorney will file a claim with the at-fault driver’s insurance company.
- Investigation: The insurance company will investigate the claim.
- Negotiation: Your attorney will negotiate with the insurance company for a fair settlement.
- Settlement or Lawsuit: If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit.
How Insurance Companies Evaluate Claims
Insurance companies use a variety of factors to evaluate claims, including:
- Liability: Who was at fault for the accident.
- Damages: The extent of your injuries and property damage.
- Medical Treatment: The type and duration of your medical treatment.
- Lost Wages: The amount of income you have lost due to your injuries.
- Pain and Suffering: The physical and emotional impact of your injuries.
- Policy Limits: The amount of coverage the at-fault driver has.
Frequently Asked Questions (FAQ)
Q: How long do I have to file a car accident claim?
A: The statute of limitations varies by state, but it is typically two to three years from the date of the accident. It is important to contact an attorney as soon as possible to ensure you don’t miss any deadlines.
Q: What if the other driver doesn’t have insurance?
A: If the at-fault driver is uninsured, you may be able to file a claim with your own insurance company under your uninsured/underinsured motorist (UIM) coverage.
Q: How much is my car accident claim worth?
A: The value of your claim depends on many factors, including the severity of your injuries, the amount of your medical bills and lost wages, and the policy limits of the at-fault driver. An experienced attorney can help you determine the full value of your claim.
Conclusion: Protect Your Rights and Your Future
Avoiding these common mistakes can make a significant difference in the outcome of your car accident claim. By being proactive, documenting everything, and seeking legal counsel, you can protect your rights and ensure that you receive the fair compensation you deserve. The road to recovery after a car accident can be long, but you don’t have to walk it alone.
If you have been injured in a car accident, the experienced personal injury attorneys at Pencheff & Fraley are here to help.
Contact us today for a free, no-obligation consultation. We will review your case, answer your questions, and explain your legal options. Learn how we can help you on the road to recovery. Pay nothing unless we win your case.
Call us at 866-267-6979 or visit our website at www.pencheffandfraley.com to schedule your free case consulatation.
Author: Pencheff and Fraley Legal Team
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with a qualified attorney about your specific situation.
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