Car accidents are overwhelming, stressful, and sometimes life-altering. The actions you take immediately after being in a car accident can impact your ability to recover compensation for your damages and injuries. Any mistakes you make during this time can be used against you by the other parties, and their insurance companies. If you want to get the settlement you deserve, contact TORKLAW for a free legal consultation.
If you have been involved in a car accident, it is normal to feel confused and overwhelmed. However, you must be wary when speaking to other parties and insurance companies during this time as they will prey on you during your time of need. In this blog post, we will outline some of the most common mistakes people make after an accident, and explain how TORKLAW can help guide you through the most challenging time of your life.
FAILING TO DOCUMENT THE SCENE OF THE ACCIDENT
In the chaos following an accident, it is easy to forget to gather evidence such as photos, videos, witness statements, and police reports. However, this evidence is crucial to your claim and can be the reason why your claim is denied. Make sure you always:
- Gather Personal Information From the Other Driver
- Document and take photos of the other driver’s license/ID; license plates; model/make of their vehicle; number of passengers in their vehicle; address; phone number; and insurance policy.
- Take photos and videos of the scene of the accident
- Make sure to document all damaged vehicles and property, skid marks, and other road conditions such as icy or wet roads.
- Collect Witness Information
- Accidents are usually a blur and there will be gaps in your memory. If there are any witnesses, make sure you collect their names, addresses, and phone numbers.
- If the witnesses have dash cameras, videos, or photos, make sure you gather that evidence from them.
- Document the Exact Location of the Accident
- Make sure you document the exact city and cross streets or highways where the accident occurred. If the accident occurred on private roads, make sure you document the area, and surrounding landmarks for accuracy.
In a personal injury case, evidence is key to establishing who is at-fault and liable for the injuries and damages caused by the accident. If you wait too long to gather the evidence, critical details may be lost forever. TORKLAW can assist in gathering and preserving the evidence to ensure that your claim is as strong as possible.
ADMITTING TO FAULT OR APOLOGIZING TO THE OTHER DRIVER
Although you may want to be polite and apologize to the other party after an accident, the statements you make at the scene of the accident can cost you your case. Even if you think you may have been even partially at fault, making statements such as “I’m sorry” or admitting fault can be used against you by the other party’s insurance company and/or attorney.
Depending on the state you are in, your compensation can be reduced if you are found partially at fault for the accident. Even a minor admission of guilt could limit or prevent you from recovery.
It is important to always remain neutral when speaking with the other driver or witnesses at the scene of the accident. Instead, avoid discussing fault and only provide the other party and police with the personal information that they need to make the police report.
FAILING TO SEEK MEDICAL ATTENTION RIGHT AWAY
One of the biggest mistakes to avoid making after a car accident is delaying or failing to seek medical care. It is normal to not feel pain and injuries immediately following an accident of the stress and excitement of the scene. However, it is very likely that you could be suffering from injuries such as concussions, brain injuries, whiplash, and soft tissue damage that may not show symptoms right away, but will have long term effects.
Immediately after an accident it is important to visit your local doctor, urgent care, or emergency room if needed. Do not deny ambulatory transport if you feel it is necessary.
Failing to receive medical treatment by a professional after an accident will severely hurt your case. Insurance companies and defense attorneys will argue that your injuries were not serious enough, or were caused by some other factor in your life. Receiving prompt medical treatment after an accident establishes a clear connection between the accident and your injuries–creating a strong case and documented evidence of your pain and suffering.
SPEAKING TO AN INSURANCE COMPANY WITHOUT LEGAL REPRESENTATION
After being involved in a car accident, the other driver’s insurance company may contact you to pressure you into quickly settling your claim. While it may sound like they are working in your best interests to resolve the matter, that is not the case. Insurance companies are motivated to minimize the amount they pay out, ensuring that you are not properly compensated for your damages.
If you speak to the insurance company without legal representation you may be faced with lowball settlements or even an overall denial of your claim. The insurance adjusters may also pressure you into giving a recorded statement or playing or getting you to admit to statements that can be used against you. The adjusters may pressure you to quickly accept an early settlement (that is not enough to cover your medical expenses, pain and suffering, or lost wages), by intimidating you.
To protect your rights and ensure that you are properly compensated, do not speak to the insurance company and instead, let TORKLAW handle all communications for you. Our attorneys are experienced in handling personal injury claims and will negotiate on your behalf for a fair settlement.
DELAYING FILING A CLAIM OR LAWSUIT
In California, there are strict time limits on filing a car accident claim. This is known as the Statute of Limitations. For the majority of personal injury cases, you have two years from the date of the accident to file a lawsuit. If this deadline is missed, you may forego your rights to compensation altogether.
Why does this matter for your case? Simply, if you wait too long to take legal action, you will hurt your ability to recover compensation and may likely lose evidence and witness testimony. It is important to consult with the attorneys at TORKLAW immediately after an accident to ensure that your case is filed within the appropriate time frame.
NEGLECTING TO KEEP TRACK OF YOUR EXPENSES AND LOSSES
After being involved in an accident, it is important to keep track of all your expenses and losses. This includes keeping receipts and documentation for medical bills, prescriptions, lost wages, and other out-of-pocket expenses. If you have suffered additional damages, such as, (a broken phone, broken glasses, etc.), you will be reimbursed if you have compiled the proper documentation.
CALL TORKLAW NOW FOR A FREE LEGAL CONSULTATION
At TORKLAW we understand that being involved in a car accident can be overwhelming, stressful, and challenging. By contacting our firm as soon as you have been involved in an accident, we will make the process as simple as possible for you. From seeking medical care, to hiring the TORKLAW team, taking the right steps immediately after an accident can make all the difference in the outcome of your case. We are committed to helping accident victims like you navigate the legal process and secure the compensation you deserve.
Contact us today at (888) 845-9695 to have your personal injury questions answered.
