When you think of filing a car accident claim, it’s easy to picture it as a quick and simple process. Get in an accident, call your insurance, get paid.
The problem is…
Most people don’t make it that easy.
In fact, the most common mistakes people make during a car accident claim are often ones that can cost them thousands of dollars in compensation that should have been theirs to begin with.
The good news is that there are plenty of ways to completely avoid those pitfalls when you know what to look for.
In this article you will find out:
- The Biggest Mistakes People Make After a Car Accident
- Why Insurance Companies Have the Upper Hand
- How Car Accident Lawyers Help Level the Playing Field
- Laws to Help You Get Fair Compensation
The Biggest Mistakes People Make After a Car Accident
Accidents can be a harrowing experience. It’s a stressful and overwhelming situation when you have to deal with the shock of the impact, the pain from your injuries, and the headache of trying to contact insurance companies and emergency services.
It’s not surprising that in those first few moments following an accident, people make decisions that ultimately hurt their own car accident claims.
Identifying those mistakes is half the battle in the effort to avoid them. The fact is that car accident lawyers deal with the same problems, over and over, with clients from a car accident in Oklahoma and everywhere else. There are state and federal laws that exist to protect you in order to get you fair compensation, but only if you aren’t sabotaging your case before you get to that point.
Here are the biggest ones…
Not Getting Medical Attention Immediately After the Accident
I can’t stress enough how important it is to get medical attention after an accident no matter how you feel in the immediate aftermath. I see so many cases where someone feels “fine” after an accident and forgoes a trip to the ER. This is a huge mistake.
Symptoms of injuries like whiplash, concussions, or soft tissue damage may not appear immediately. They can take days or even weeks to manifest.
Insurance companies can use this against you, arguing that if you didn’t seek medical treatment immediately, your injuries aren’t serious (or even that they weren’t caused by the accident).
I can’t emphasize enough: Get checked out after every single accident.
Talking Too Much to Insurance Adjusters
Insurance adjusters are often the friendliest and most polite people you’ll deal with after an accident. They ask you questions. They want to “get your side of the story.” All so they can pay you the least amount possible. I’m not kidding.
Insurance adjusters will use almost anything you say against you in your claim. Saying something as innocent as “I’m feeling better today” can significantly lower the value of your settlement.
Stick to the bare minimum of information:
- Your name and contact information
- Your insurance policy number
- The date and location of the accident
That’s it.
Admitting Fault for the Accident
It’s natural to feel guilty or apologetic after an accident, but apologizing or admitting fault to the other driver can seriously damage your claim.
Even if you believe you’re at fault, you might not have the full picture of what happened. The other driver could have been speeding, distracted, or otherwise negligent. Fault is determined by the evidence, such as police reports and witness statements, not by the feelings you express at the scene.
Keep your emotions in check. Exchange information and cooperate with the police. Just don’t speculate about who caused what.
Why Insurance Companies Have the Upper Hand
Insurance companies are in the business of paying out claims, but they’re also experts at minimizing what they have to pay out.
Some studies show up to 40% of auto claims are denied in some areas. Millions of people think they have a good case only to be turned away.
The Quick Settlement Trap
Quick settlement offers are one of the sneakier tricks insurance companies use. It’s tempting. Money in hand. Case closed.
The problem is those early offers almost never factor in the long-term effects of car accident injuries. Symptoms of whiplash, concussions, or internal injuries can take days or weeks to show up. By then you’ve signed over the rights to ask for more.
Don’t ever accept the first offer until you understand the full extent of your injuries, have calculated future medical costs, and consulted with a qualified attorney.
Using Your Statements Against You
Recorded statements are another trap that insurance adjusters use to catch people off guard. Immediately after an accident, adjusters may try to get you to record a statement detailing what happened.
Everything you say can be documented and analyzed for inconsistencies or statements that can be used against you later on.
Politely decline to give a recorded statement until you have legal representation. You are under no legal obligation to give one to the other driver’s insurance company.
How Car Accident Lawyers Help Level the Playing Field
The truth is that you’re at a massive disadvantage fighting an insurance company on your own.
Insurance companies employ teams of lawyers, adjusters, and paralegals. They have decades of experience working together to pay out as little as possible. It’s a David vs. Goliath scenario when you try to go up against them alone.
But having the right attorney on your side can make all the difference.
The Data Tells the Story
In fact, there’s an abundance of research on the difference having an attorney can make on a claim. One study by the Insurance Research Council found that settlements are 3.5 times higher when accident victims have legal representation.
That’s not a small difference. That’s life-changing money.
What Good Attorneys Actually Do
So what do these good attorneys actually do? A qualified lawyer brings the following to the table:
- Gathering Evidence: Witness statements, medical records, and official accident reports
- Expert Consultations: Doctors and medical professionals to document injuries
- Negotiation Skills: Counter lowball settlement offers with evidence-backed demands
- Litigation Preparation: Insurance companies know that real lawyers can take them to court
That’s not about being difficult or arguing for no reason. It’s about making sure that accident victims get the compensation they deserve.
The Statute of Limitations
Here’s one last pitfall that trips people up more often than you’d think…
Every state has a deadline for filing car accident claims. Miss that deadline and your case is dead. No exceptions.
The statute of limitations on car accident claims varies by state. The range is usually two to four years. If you wait too long to file, you could lose your right to compensation entirely.
Laws to Help You Get Fair Compensation
The good news is that there are state and federal laws in place designed to protect accident victims. The problem is that you need to know about them to use them.
Comparative negligence laws allow victims to recover damages even if they’re partially at fault. This means that having some blame assigned to you doesn’t mean you’re not entitled to any compensation.
Documentation is everything. Keep track of:
- All medical visits and treatments
- Lost wages from missed work
- Transportation costs to appointments
- Any other expenses related to the accident
That paperwork will be the foundation of your claim.
Bringing It All Together
The way to avoid common legal pitfalls in car accident claims is simple.
Get medical attention right away. Talk to as few insurance adjusters as possible. Never admit fault. And always consult an attorney before signing a quick settlement offer.
Insurance companies are masters at what they do. Most accident victims are not. That knowledge gap costs people thousands of dollars every single day.
Working with an experienced car accident attorney can make all the difference in a case. The data shows time and time again that victims with legal representation receive better outcomes than those who try to handle things alone.
Take action right away. Document everything. And don’t let common mistakes rob you of the compensation you deserve.
