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What Not To Do After An Auto Accident
A serious auto accident can be a challenging experience. You may be scared, injured, and have many people trying to offer assistance or tell you where to go. You are also likely to be unsure about what to do. Even those who have been in accidents before can feel confused in the chaos following an auto accident. This uncertainty is why it is important to learn what to do and what not to do before an accident occurs.
The injury attorneys at Arash Law are ready to guide accident victims through the process, advocate for their rights, and help them pursue compensation for their injuries and losses. We have prepared a list of common mistakes that people make after a car accident. Of course, it is essential to seek advice tailored to your specific case. You can also contact us to schedule your free online consultation.
Here are some of the most common mistakes injury victims make after being involved in an auto accident:
Leaving The Scene Of The Accident
An accident is a frightening experience. It is natural to be scared and even to panic. However, do not let yourself become so panicked that you make a serious mistake. Leaving the scene of an accident without exchanging information is a crime. This fact is true whenever property damage occurs, and the penalties are even stricter when someone is injured or killed in the accident. These can create added legal complications and could result in losing your ability to pursue compensation if you leave the scene of the accident.
It is important to stay and record the other driver’s contact information and insurance details. Create documentation of the incident by keeping a copy of the police report, and possibly gather evidence at the scene of the accident yourself if it is safe to do so.
Choosing Not To Get The Police Involved
Law enforcement will respond to most traffic accidents, but sometimes you might not have an officer respond in person. Typically, this only happens if the accident occurred on private property, no one has suffered injuries, and no criminal activity is suspected. That said, it is still important to call a 911 dispatcher to determine whether an officer needs to respond to an accident. Police reports often serve as helpful evidence in car accident claims.
Police officers typically serve as neutral observers who create official reports of the scene of the accident. For this reason, insurance companies may consider police reports when determining fault for an accident and evaluating a claim. Calling an officer to the scene can help document the accident and preserve important evidence.
It is also important to call the police to determine whether any criminal activity is occurring. Perhaps the other car is stolen or being driven without proper insurance coverage. Maybe the driver is impaired by drugs, alcohol, prescription medications, or other substances. Only a law enforcement official can identify and investigate criminal activity. If a crime has occurred, it might introduce further legal considerations for your case.
Not Seeking Medical Attention
Many people fail to consult with a doctor after an auto accident. Even if you do not need to leave in an ambulance, it is still important to be assessed by a medical professional. Some injuries are latent, which means their symptoms will not appear for hours, or even days, after an accident.
Some injuries have delayed symptoms that may worsen over time without treatment. A common example is internal bleeding. You might not feel hurt at the scene of the accident, but as the bleeding continues, your blood pressure will continue to drop to dangerously low levels. Only a doctor can identify internal bleeding by monitoring your blood pressure and vital signs or using diagnostic imaging. Internal bleeding is a serious condition that needs immediate medical attention.
Even if you could walk away from your accident, it’s still essential to get examined at an emergency department or urgent care facility. You might also schedule an appointment with your primary care provider. Don’t wait too long to seek medical advice. If your doctor cannot see you in the office within a day or two, you may undergo an evaluation at an ER or urgent care center instead. Prompt medical attention helps document your injuries for appropriate medication and potential legal action.
Accidentally Admitting Fault For The Accident
Anything you say or do at the scene of the accident can be used in evaluating your claim. Consider consulting a personal injury attorney after an accident if you’re unsure what to do next. As soon as the insurance company receives notice that you have counsel, they can no longer contact you about the accident. Your attorney will handle communications with the insurance company on your behalf.
So, what to avoid saying at the scene of an accident?
- First, do not hesitate to seek any kind of medical attention for anyone on the scene. You can ask if other people are injured and help to get vehicles out of the way so that everyone involved will be safely out of the way of traffic.
- Ask anyone on the scene for help. Emergency services are a priority at any accident scene. However, be cautious about making statements that could be interpreted as an admission of fault. Even seemingly innocent phrases like “I didn’t see you!” or “I’m so sorry!” can have legal consequences.
- Refrain from discussing the cause of the accident with anyone other than law enforcement. Focus on addressing immediate safety needs at the accident scene. If the police are not present to facilitate, limit interaction to only obtaining the other driver’s contact information. It’s also important to take a photo of their insurance card and license plate, if allowed.
Giving The Insurance Company Too Much Information
When the other driver’s insurance company calls to ask you about the accident, you might feel tempted to tell them everything that comes to mind. However, it’s important to be cautious with your statements. Insurance companies generally review all available information carefully and may refer to your statements when assessing your claim. For example, if you mention that you didn’t see the other car in time, it could be noted as a factor in determining fault. Similarly, saying you are “feeling all right” might later be considered when evaluating the extent of your injuries.
Insurance companies evaluate claims and determine the appropriate compensation based on their own terms and policies. Claims adjusters are trained to review each case thoroughly, and insurance companies may work with legal professionals to create settlement offers.
An experienced personal injury lawyer will take over the negotiation process and will advocate for your rights to fair compensation. Once you have an attorney, you will not have to speak with the other driver’s insurance company at all. Having legal representation can help you address these challenges that may arise during the claims process, including delays, initial settlement offers, disputes over liability, and claims denials.
Not Following Through On Your Doctor’s Advice
You might feel tempted to stop getting treatment once you feel better, but doing so can make a significant impact on your health and your claim. If you stop treatment too soon, the insurance company may claim your pain and suffering is invalid and deny payment. Following through on all treatment recommendations from your medical providers can help protect both your health and your legal interests.
Posting Information About The Accident On Social Media
It is tempting to share the important events in your life on your social media accounts. However, posting anything related to your accident and injury may affect your claim for compensation. For example, if you report being in pain but later post a gym selfie, the insurance company might question the extent of your injuries. Similarly, statements or photos you post online about the accident may be reviewed by the insurance company and considered during their evaluation of your claim, including the determination of fault.
Insurance companies may hire investigators to comb through injury victims’ social media accounts to find any posts related to the accident. To help protect your privacy, consider managing your privacy settings and carefully reviewing new connection requests. Even with these steps, information can still get out, so it is crucial not to post anything related to the accident until your case is resolved.
Settling Your Case Too Quickly
An insurance company may try to settle your case quickly, and many injury victims like the sound of that. However, it’s important to review settlement offers carefully, as these don’t often reflect the full extent of your injuries and losses.
You often don’t know how serious your injuries are or how long you will need treatment for them right after the accident. Right after an accident, you might not yet know how serious your injuries are or how long treatment will take. For example, if you have a sore neck, you may assume it will resolve on its own and settle your case based on your current symptoms and expenses. If the pain persists and later requires physical therapy, you may face unexpected costs that are not covered by the initial settlement.
Once you have settled the case, it is almost impossible to pursue more compensation for expenses that come up later.
Not Getting Legal Advice About Your Case
Some injury victims think they can settle their cases without the advice of an attorney. You have the right to do this, and many victims do as well. Many injury victims find that having an attorney helps them understand their legal options and rights more clearly. A personal injury lawyer understands all the potential damages that may be available to your case.
An experienced lawyer can help review any settlement offers from the insurance company and determine whether they reflect your losses, helping you make informed decisions about your case. They will investigate your situation carefully to assess the full extent of your damage before agreeing to a resolution. Finally, a lawyer can help address complex legal issues, such as disputes over liability and denial of claims. They will work to help you pursue compensation based on your injuries and losses in accordance with California law.
Discuss Your Case With A California Car Accident Lawyer
If you’ve suffered injuries in an auto accident in California, the experienced injury lawyers at Arash Law are ready to advocate for your legal rights. We represent clients in California, including San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and other nearby areas.
Our California car accident lawyers have decades of combined experience handling accident cases from minor fender benders to big truck accidents. Call (888) 488-1391 or contact us online to schedule your free initial consultation.
Our firm operates on a contingency fee basis, meaning there are no attorney’s fees unless we obtain compensation for you. However, clients may be responsible for other case-related costs or expenses, regardless of the outcome. One of our attorneys will explain the fee structure, outline applicable costs, and discuss what to expect before you decide whether to proceed.
