Filing a car accident claim through insurance or a lawsuit can be a frustrating and challenging process, especially if you’ve been injured. However you file, avoiding the following mistakes is crucial to receive fair compensation for damages.
1. Accepting an early settlement offer
Insurance companies are quick to offer lowball settlements, even to injured parties. Their game is to preserve their profits by paying out as little as possible. They’re hoping you’ll accept the offer without question.
No matter what an insurance company offers you, never accept the amount without talking to a lawyer first. Once you accept a settlement, there’s no going back. You can’t increase the amount and you can’t file your claim over again.
The fact that insurance companies don’t play fair is the reason people hire lawyers. Car accident attorneys can get you better compensation than the initial offer you receive from an insurance company, whether they fight for you with the insurance adjuster or file a lawsuit on your behalf.
2. Failure to report the accident promptly
Accidents must be reported quickly, and failure to report an accident in a timely manner (or at all) can hurt your claim. In most cases, you’ll need a police report to pursue your claim since it serves as an official record.
There are situations where police won’t always respond, such as on private property or for a small fender-bender. However, it’s a good idea to call the police anyway so you can say you made the attempt.
3. Not gathering sufficient evidence
You’ll need a variety of evidence to prove your claim is valid, like photos, witness statements, and contact information from other drivers involved. It also helps to take photos of the whole area where the accident occurred, noting any oddities or inconsistencies in the way traffic was flowing at the time of the accident. You never know what small detail might help your case.
For example, if you ran a stop sign because you couldn’t see it hiding behind a bush, you need to present a photo of that bush from your point of view. Simply stating the stop sign was hidden by a bush may not be enough to make your case, especially if the city has since trimmed it back.
4. Admitting fault
The worst thing you can do is admit fault in any manner, including an implied admission. For example, just saying you’re sorry can be considered admission of fault. You might have only meant it as an expression of sympathy, but an insurance company won’t necessarily share that interpretation. There are legal consequences for apologizing.
Any statements you make at the scene can be used against you to reduce or negate your compensation. Be careful about what you say. Better yet, don’t say anything that isn’t a necessity, like getting information from the other driver or asking witnesses for contact information.
5. Not seeking medical attention
It will look suspicious if you file an injury claim but never seek medical care. The amount of money you get awarded will need to be calculated based on your medical bills, so establishing your injuries is critical.
Postponing medical care can harm your claim. The insurance company may perceive your delay as proof that you aren’t really injured. The longer you wait to seek care, the easier it will be for the insurance adjuster to deny your claim.
6. Providing incomplete or inaccurate information
If there is anything in your claim that isn’t accurate or complete, it can cause serious delays. It could be as simple as you forgetting to sign a form, or not including an attachment the insurance adjuster asked for.
Falsifying evidence
It’s unfortunate, but many people commit insurance fraud by exaggerating their injuries or falsifying the damages to their vehicle using AI. This is a big problem, and it can destroy your case if you’re caught, not to mention it’s unethical.
Not knowing what your insurance covers
If you’re not sure what your insurance policy covers, you might be disappointed when you don’t get the compensation you were expecting. It’s crucial to revisit your policy and fully understand what you’re entitled to under what circumstances.
Be smart with every move
When you’re pursuing a claim after a car accident injury, it’s crucial to be intentional with every move you make. One of the worst mistakes you could make is doing everything alone. Moving forward without a lawyer is risky. A good attorney will help you navigate the complexities of the law while working hard to get you the compensation you deserve.
