The Biggest Mistakes People Make After a Car Accident

Why Post-Accident Mistakes Matter

While most people may not realize this, a motor vehicle accident case begins the moment the accident occurs, not when you retain counsel. For this reason, the actions you take directly after the accident will set the tone for the legal journey ahead. 

Avoiding making mistakes during this phase will significantly improve your chances of resolving this matter successfully. Below, you’ll learn about common mistakes that accident victims make and what you should do instead if you see yourself involved in an accident.

Following these recommendations will ensure you cover your bases and give your lawyer the best chance and protecting your rights and recovering the maximum compensation you deserve.

How Early Decisions Can Affect Your Settlement

The decisions you make and the actions you take immediately after your accident will directly impact the rest of your case. Settlements and verdicts depend on many factors, but how you handle the initial moments may be an important part of how fault and compensation are determined. Below are some of the immediate steps that can have an impact on the outcome of your case:

• Immediate Actions: These set the tone for your claim, so being mindful of your reaction is important. What you say and do can strengthen or weaken your case.
• Evidence Preservation: This can help form the base of your legal case. If safe, take pictures and videos of the accident, including the damages and the conditions of the road or surrounding areas.
• Medical Documentation: This is one of the most important pieces of evidence. Medical documentation serves two purposes: preserving your health and officially documenting the injuries caused by your accident. Even if you feel fine after an accident, a medical evaluation is critical to ensure no injuries are being overlooked and that there’s a written report of your injuries.
• Communication with the Insurer: This poses significant risks. Insurance companies are businesses, and as such, their main objective is to protect their bottom line. Anything you say to them, especially if your conversation is in writing or being recorded, can later be used against you to minimize their payout.
• Missed Deadlines: Personal injury and property damage cases in California follow a strict statute of limitations. This is especially true if a government employee or organization is involved. An experienced California car accident attorney would be able to ensure no deadlines are missed, as that would automatically prevent you from seeking compensation, even if you were entitled to it.

To avoid making costly mistakes and ensure your case is strong from the very beginning, you should always consult an experienced personal injury attorney as soon as possible. If you or someone you love has been in a traffic accident in Los Angeles or anywhere else in California, you can call Adamson Ahdoot today at (800) 310-1606.

A California Trial Lawyer’s Perspective

While ensuring you take the right steps after an accident is important for the success of your case, obtaining the right legal counsel is even more important.

Some people may be tempted to deal with their claim by themselves, however, this almost never yields beneficial results for accident victims. Below are some of the reasons a trusted, highly experienced attorney is your best bet when presenting a vehicle accident claim in California:

• Unique State Laws: These claims are handled differently in different states. Having an in-depth understanding of the local laws is crucial for a successful resolution. For example, California follows a comparative negligence rule, which means that the percentage of the blame assigned to each party will directly affect the settlement. A local lawyer can help navigate state-specific rules and ensure the maximum compensation available is obtained.
• Local Court Dynamics: Similarly, understanding how California judges, juries, and insurance companies approach and view different cases can give your case an edge and shape the strategy from day one.
• Statutory Deadlines: In California, the statute of limitations for most personal injury claims is two years, while for property damage claims it’s three. However, if minors or governmental agencies are implicated, these deadlines can be different. Your accident attorney can help you navigate the statute of limitations and ensure all paperwork is filed on time.
• Negotiation Leverage: Insurers treat claims differently when they know an attorney is willing to take their case to court. This may help you reach a fair settlement without needing to take your case to trial but, when insurers refuse to offer the compensation you deserve, our team is ready to bring the case in front of a judge.
• Experience in Real Cases: An attorney with significant experience can advise you on the best course of action to ensure you present a solid case. They may also have first-hand examples of how early mistakes (like social media posts or lack of medical follow-up) have hurt otherwise strong claims so you can avoid making the same errors.

Keep reading to learn more about common mistakes that may weaken a personal injury case.

1. Not Calling the Police After the Accident

Even if the other party is willing to exchange insurance and contact information to resolve the situation quickly, calling the authorities is always a good idea. An official police report can provide invaluable information about how the accident happened, the parties involved, and the initial assessment of liability. 

Not calling the police is one of the most common and most damaging mistakes that people make after a car accident, as skipping an official report can create serious problems later. 

In California, a police report is more than just paperwork. This document is an unbiased account of the facts. It documents important details about the accident, like the location, date and time, weather conditions, any visible damage, and statements of the involved parties. As mentioned, it may also include the officer’s initial assessment of fault, which can be a crucial piece of evidence in later negotiations or in court.

Without this official record of the incident, it’s easier for the other party to change their version of events or deny fault altogether. Insurance companies tend to use the lack of a police report to dispute your explanation of the accident, minimize your payout, or deny your claim entirely.

Additionally, in some cases, like for serious accidents that cause injuries or even death, failing to report an accident may be against California law, as established by California Vehicle Code §20008. This is in addition to filing a report with the DMV if injuries occurred or certain damage thresholds are met.

2. Admitting Fault at the Scene

It is natural to apologize to the other party when you’ve been involved in an accident, even if it wasn’t necessarily your fault. However, saying sorry may be taken as an admission of fault, especially if this was part of a recorded statement. This can weaken your case and facilitate the defense’s efforts to attribute fault to you. Instead, be respectful, help involved parties assess their physical state, and contact the police and emergency services, but do not apologize or admit fault. 

If you receive a call from the insurance company or an insurance adjuster, do not admit fault. Instead, consider retaining counsel, as they will handle communication with insurance companies for you. This can help ensure nothing that can potentially hurt your case is said, which allows you to seek the maximum compensation available for your injuries and damages.

3. Failing to Seek Immediate Medical Attention

As mentioned, seeking immediate medical attention is one of the most important steps to take after an accident. This will protect not only your health but also your rights. Here’s a more detailed look at why this is important:

It Protects Your Health

Incidents like a car accident can cause high stress and adrenaline, which can mask pain for several minutes or hours, or in some cases even up to a day. Additionally, some conditions may not present symptoms right away, but a medical professional may be able to detect them. Many injuries also have a better prognosis when treated early on, so immediate medical attention is a crucial step following an accident of any kind.

It Protects Your Rights

When it comes to the legal side, an official medical report is a clear, highly valuable piece of evidence. It constitutes an official record of the injuries immediately visible after the accident, and it acts as the base to build upon for your legal case. When a medical professional records the injuries you suffered from an accident, you can then account for treatment, surgeries, or follow-ups when drafting your demands for your claim.

4. Not Gathering Evidence Right Away

It is normal to feel shaken after an accident, and your focus may be on immediate safety, which should always be your number one priority. However, once everyone is safe, it is critical to start gathering evidence. The first few minutes after an accident are often the only time you’ll have to gather evidence that may later on be critical to the results of your case. The following are some key types of evidence you should try to gather:

• Photographs: Take photos of the vehicle damage, the license plates, traffic signs in the area, skid marks from the wreck, weather conditions, and injuries. Make sure you take these pictures from multiple angles. Additionally, ensure the time stamp is visible in the metadata of your pictures.
• Videos: Videos of the site of the accident may show details and additional context that photographs could miss.
• Witness Information: If there are any witnesses, try to get their full names, phone numbers, and email addresses before they leave the scene. Like with photographs, metadata time stamps should be visible to establish accuracy.
• Documents: Request a copy of medical and police reports, repair estimates, and receipts related to the accident.
• Log Everything: Keep a record of your symptoms, any time you visit your doctor, and any communication with insurers or adjusters.

5. Talking to the Insurance Company Without Legal Advice

While insurance adjusters may seem friendly and sympathetic, their goal is to serve the insurance company, not help you. That’s why it’s important to be mindful of the conversations you have with them throughout your case, and especially in those early days. Without legal guidance, it’s easy to fall for tricks or say things that may limit or impair your ability to seek fair compensation. Below are some of the most common insurance tactics you should watch out for:

• Friendly Conversations: Friendly conversations, a casual tone, a sympathetic approach, etc. These are tactics designed to help you lower your guard and get you to say things that suggest partial fault, which may harm your claim.
• Recorded Statements: Posed as “getting your side of the story”, adjusters may request recorded statements. Insurers can use these recordings to look for inconsistencies or admission of guilt and use this to lower your compensation.
• Quick Settlement Offers: They may offer quick money when you most need it in hopes that you’ll be tempted to accept it before you’ve had a chance to discover the full extent of your injuries. These offers are most often significantly lower than the amount you are entitled to.
• Delaying the Processing of Claims: Intentionally slowing down the process in order to pressure you to accept their initial offer.

Los Angeles car crash lawyers recognize these tactics and know how to navigate them. If you’ve been in an accident and want an expert to take over the communication with the insurance company, call Adamson Ahdoot today at (800) 310-1606.

6. Accepting the First Settlement Offer

As we mentioned above, the initial offer is usually significantly lower than the available compensation under California law. But that’s not the only issue; by accepting this initial offer, you eliminate the possibility of seeking further compensation for any injuries or damages not covered. When you work with a knowledgeable attorney, they’ll be able to advise on the best course of action and let you know if they think you’re entitled to more compensation than you’re being offered.

7. Missing the California Statute of Limitations

In California, the statute of limitations determines how long you have to file a claim. For example, the statute of limitations for personal injury claims is two years from the date of the accident, while the deadline for property damage claims is three years. However, if a government agency or employee is involved, the statute of limitations gets reduced to 6 months from the date of the incident.

“There are some laws that say if something has happened that period of time doesn’t count against your deadline. This is called tolling. For example, tolling may happen when the person bringing the case (the plaintiff) is a minor. When the reason for the tolling ends (like if the minor turns 18), the statute of limitations begins to run again.“

In any case, one thing is clear, missing the pertinent deadline can effectively render your case inadmissible and leave you with no compensation, even if you had a solid case. That’s one of the reasons why having an experienced lawyer on your side can make all the difference. A trusted legal team can ensure your case follows all appropriate deadlines and documents are filed on time.

So, How Do You Protect Your Case After a Car Accident?

To recap, there are certain things you can do to ensure you have the best chances at a successful resolution:

The Right Car Accident Attorneys, a Call Away

Our team of trial-ready attorneys brings over 100 years of combined experience fighting for justice for California car accident victims. We are committed to obtaining the maximum compensation available for your injuries and damages so you can recover from your accident.
Call us today at (800) 310-1606 to receive a free consultation, or submit your inquiry online.

Want to learn more about car accidents in California? Have a look at the pages below:

• 5 Common Mistakes Personal Injury Victims Make.
• When to Hire a Car Accident Lawyer.
• 12 Common Types of Traffic Accidents.
• Car Accident Lawyer.
• Understanding California’s Negligence Law.