Mistakes to Avoid When Filing a Car Accident Lawsuit

Car accidents are dreaded. They may result in injuries, some are permanent. Your first concern should be your health. Then, you can think about filing a claim to help you manage costs, including lost wages, suffering, and medical bills. Yet, some mistakes might affect your eligibility for the claim or even significantly reduce what the value could be.

We’ve highlighted 7 common mistakes you should avoid.

1- Leaving the Accident Scene

Leaving the scene undermines your eligibility and damages your case even if you didn’t cause the auto accident. Also, leaving the scene could result in heavy fines or prison time, especially if injuries are involved. There’s a legal obligation to be at the scene and remain there to help with investigations. Recovering compensation heavily relies on being able to prove fault. Remain at the scene to provide evidence that could determine liability. 

2- Not Visiting the Hospital 

Insurance companies are known for deploying a popular strategy to reduce or deny claims. They might argue that you had other injuries before the accident. 

So, get medical attention and let a qualified physician record any type of discomfort, injury, or pain. This is not only good for your well-being but also vital to helping you get compensation. 

Remember, some symptoms don’t show immediately-symptoms of traumatic brain injury show even days later. Be sure to seek medical attention even if you don’t see any observable injury. 

3- Not Notifying Your Insurance Company

Some people feel they have no time to go through the hassle of insurance, especially when the damage was minor, and the driver feels perfectly okay. And in more suspect cases, the other driver might have begged you not to involve insurance. 

But, it is vital to report as failing could result in denied claims or worse, canceled policy. 

4- Taking too long to Seek Legal Redress 

Not taking action immediately risks your eligibility for receiving compensation. California has a two-year statute that gives an injured person 2 years to file a lawsuit against the responsible driver. But, you don’t have to wait that long. As such, even days after you have sought medical attention, consult an experienced attorney to review your case. They will help you every step of the way – there’s a great car accident lawyer in macon. 

5- Social Media Posts

Insurance companies will use every trick in the book to devalue your claim. Their investigators will go through your Instagram feed extracting information. They will read your tweets and Facebook comments looking for any information to help their case. 

Telling your friends on social media about your accident can be an expensive mistake. Even simple facts might be used against your case. So, keep all the evidence and details with your attorney. 

And, investigators are known to use unrelated cases to reduce the value of your claim. They will use your vacation photos to argue the injuries are healing faster than claimed. The best advice is to avoid posting on social media until the claim is resolved. 

6- Trusting Adjusters 

After an auto accident, the insurance adjusters from both your company and that of the responsible driver will contact you seeking some details. These interviews are often recorded. 

A common mistake most accident victims make is getting to trust the adjuster as a friend. The adjusters are especially effective at building a connection that finds victims inadvertently saying damaging things.  

Always, keep the conversations with the adjuster to a minimum or direct them to your attorney. Before you let the adjustors interrogate and record you be sure to notify your attorney. An attorney is on your side to fight for you, they will help you avoid saying things that might be twisted against you. 

7- Not Collecting Evidence

Some accidents might result in severe injuries for a victim to collect evidence on their own. In such cases, the police and emergency response teams will gather the evidence to file a report. But, when the victim is still functioning, it is advisable to look around to notice a detail or two that the law enforcement officer could miss or get wrong. 

Without your version of the story, or photos of the scene, or any contact information, will force your attorneys to rely on an official police report. 

Official police reports are a compilation of facts from one version of the story. Most probably, the officer wasn’t there to witness the accident and their narrative can be unreliable. Providing more evidence helps your attorney better protect you.

Hiring an experienced attorney to be on your side fighting for you is one of the most important actions to take after a car accident. They help you navigate the process more easily. 

 

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One Comment

  1. Thanks for telling me that I shouldn’t talk too much with the adjuster and let my attorney handle it. I’ve been involved in a serious car accident recently and I’m afraid that my insurance company won’t cover all the damages once I file a claim. It would be better if I were to hire an auto accident attorney who can ensure that even my hospital bills will be covered.

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