The best time to plan how to respond after a car accident is ahead of time, when you are calm. In the immediate aftermath of an accident, you will be rattled and may have difficulty recalling the best steps to take to protect your legal rights. The following are 10 common mistakes drivers make – both immediately after a car accident and during the process of filing an accident claim with their car insurance companies.
- Refusing medical help at the scene of the accident
The insurance company may later use your refusal as evidence that you were not injured as seriously as you later claim to be. - Apologizing to the other driver, admitting fault, or claiming the accident was not your fault
This one is hard for many drivers. It is human nature to want to explain, apologize or defend oneself. Remember, though, it is the insurance company’s responsibility to determine who was and who was not liable. Even a simple statement like, “I’m sorry,” can be used as evidence that you admitted responsibility for the accident. - Failing to file a police report
A complete and accurate police report is a very useful piece of information during claim processing. - Failing to document property damage and injuries
Injuries will be documented via your medical records, but don’t forget to take lots of photographs of your vehicle to document the damage. - Missing the deadline to file a claim with your insurance company
All insurance companies have deadlines within which claims must be filed unless you have a very good reason to have missed the deadline. Call your insurance company to double-check its deadline. - Filling out the car insurance claim form wrong
Be specific and detailed when you fill out the car insurance claim forms. If you later realize you made a mistake, file an amendment as soon as possible. - Demanding too much or too little compensation
An over-the-top claim for compensation will not be well received by your insurance company. A claim that understates damage to the vehicle and injuries will result in a claim settlement that does not fairly compensate you for actual losses. - Accepting settlement before you know full extent of injuries
If you need continuing medical treatment as a result of injuries sustained in the car accident, do not accept a settlement that is labeled in any way a “full and final” settlement. - Making a recorded statement with your insurance company
Your insurance company may tell you it needs a recorded statement before it can issue a settlement offer. This is not true. You may refuse to make a recorded statement, or you may make a recorded statement and state emphatically that your statement includes “information that you remember at the time and may not be complete.” - Believing that the insurance company’s goal is fairness
The insurance company is just that, a company. Its goal is to offer a settlement that pays as little as possible while seeming to be fair.
The driver’s manuals of New Jersey and Pennsylvania contain additional suggestions for actions to take after a car accident:
Contact Shaffer & Gaier After a Serious Car Accident
Do you believe you are being treated unfairly by your car insurance company after a serious car accident? To set up a free initial consultation with knowledgeable personal injury attorneys, contact our office online, call our Philadelphia office location at 215-751-0100, or call our New Jersey office at 856-429-0970.
