Were you injured in a car accident? Thinking of filing a lawsuit?
Important heads up – Most personal injury lawsuits, a category which includes car accidents, never go to court. They settle.
People get hurt and sue. That’s fine. But most of those injured mess up their claims by making easily avoidable errors.
Here are the most common car accident lawsuit mistakes and how to avoid them:
- The Biggest Mistakes That Kill Your Claim
- How To Protect Your Legal Rights
- Steps To Maximize Your Compensation
Sound good? Keep reading.
First, though, why are these mistakes so important?
The average car accident settlement payout is $30,416. That’s the average. Most injured people get far less. Often far less. Why? Because they make these mistakes which tank their car accident cases before they even start.
Filing and pursuing a car accident case is tricky. There are deadlines to meet, evidence to document, and insurance companies determined to pay out as little as possible.
The good news? You can avoid these mistakes. All of them. You just have to know to look out for them. And having reliable legal assistance during car accident cases can be an even bigger help.
Alright, let’s get into the mistakes:
Mistake #1: Not Calling The Police
People do this. A lot.
Accidents are scary. Sometimes they’re over quickly. You and the other driver think it’s a minor accident, so you don’t bother with a cop. The other driver tells you the police don’t need to get involved and it’s not a big deal. You both make a clean exchange of information, apologize, promise to send over insurance details, and drive away.
A police report creates an official accident report with documentation on the drivers involved, the vehicles, and a detailed statement about how the accident happened. Without that report, your case is just your word against theirs.
How To Avoid This:
Call 911 after a crash. Even for minor accidents.
Mistake #2: Delaying Medical Treatment
Insurance companies search for things like “delay in medical treatment” in your case file. If they find it, they know you’re vulnerable. They can argue the accident didn’t cause your injuries or that the injuries aren’t as serious as you claim.
Wait too long to seek medical treatment after an accident and the insurance company will use that to justify a lowball settlement offer.
Injuries can be delayed. Often people feel fine and then days or weeks after the accident begin to feel pain, have symptoms appear, or serious injuries develop.
How To Avoid This:
Visit a doctor within 24 hours of the accident. Get checked out. Then follow your doctor’s orders on treatment.
Mistake #3: Talking To Insurance Companies Without A Lawyer
Insurance companies have people whose only job is to review your claim and find reasons to pay you less.
Insurance adjusters know all the tricks and they will use them on you. Don’t make it easy.
Insurance adjusters are well trained in legal procedures and questioning. They know how to extract the information they need to justify a lower settlement. They will word questions to sound simple and harmless when what they really want you to do is admit fault or downplay your injuries.
Research has shown that people who hire a lawyer receive payouts that are nearly 3 times higher than those who represent themselves.
How To Avoid This:
Have your attorney contact the insurance company on your behalf. If they call you, tell them your attorney will be handling communications and that you will not provide a recorded statement.
Mistake #4: Accepting The First Settlement Offer
Don’t accept the first settlement offer.
The first offer is almost always too low. In the auto insurance industry, this is known as “low balling.”
Auto insurance companies know your injuries can worsen. That symptoms may not develop until weeks later. So when you accept their first offer and sign a release, you are effectively agreeing that their payment to you is “good and sufficient compensation for all injuries and damages” regardless of what happens to you and your health in the future.
How To Avoid This:
Have a lawyer review the offer. Most cases take around 20 months to settle. That’s how long it takes to fully grasp the extent of your injuries and resulting losses.
Don’t look at the amount. Instead, focus on your losses. Total up all your medical bills and treatment. Lost wages and property damage. Document any out-of-pocket expenses you incur. Include pain and suffering.
Mistake #5: Posting On Social Media
Insurance companies and defense lawyers pay attention to what you do on social media.
Insurance companies conduct a full background investigation on anyone filing a claim. Social media is a large part of that background investigation.
A few smiling photos at your cousin’s wedding or check-in at the gym will make the insurance company think you’re not really hurt. Lawyers and insurance companies have a dirty job and they will go looking for these so-called “gotcha moments”.
How To Avoid This:
Don’t use social media until your case is over.
This means don’t post about the accident. Don’t post about your injuries or your medical treatment. Don’t tag friends and family. Don’t check in at the gym. Don’t mention your ongoing pain and suffering.
Mistake #6: Not Documenting Everything
Evidence is lost and destroyed fast. You need to document the evidence of your car accident as quickly as possible.
If you can, take photos and videos at the scene. Document the accident. Damage to the vehicles. Visible injuries to you and anyone else in the vehicle with you.
Get contact information for witnesses. All of it. Then take photos of your injuries a few days after the accident. Get copies of all medical records and bills. Keep a journal of how the accident injuries affect your day-to-day life.
How To Avoid This:
Begin collecting evidence as soon as you can after the accident. If you can’t, have a friend or family member help you.
Mistake #7: Missing Legal Deadlines
Legal time limits. Statutes of limitations. If you wait too long to file your car accident lawsuit you may not have any legal right to receive compensation.
Every state sets a deadline for when an injured person must file a car accident lawsuit. This time period, called the statute of limitations, is different from state to state. However, in most states, the statute of limitations is two years.
How To Avoid This:
Contact an attorney quickly after an accident.
Mistake #8: Trying To Handle It Yourself
Car accident lawsuits are complex. Insurance companies are fully staffed with legal teams dedicated to paying out the least amount possible.
Research shows that 91% of people who hire an attorney receive a settlement payout while only 51% of those who represent themselves received a payout.
Injured people know their injuries. But lawyers have the legal training and courtroom experience to file and prove a car accident case.
How To Avoid This:
Get a qualified, experienced car accident attorney. Most work on a contingency fee basis, meaning they only get paid if you win.
Conclusion
The big takeaway? These mistakes can cost you thousands of dollars. Don’t make them.
Call the police, see a doctor, don’t talk to insurance companies, don’t accept the first settlement offer, don’t post on social media, document everything, meet all legal deadlines, and hire professional legal help.
The difference between doing these things and making these mistakes can easily be tens of thousands of dollars in compensation.
Need more information? Want to discuss your case? Contact an experienced attorney to make sure you don’t make these mistakes.
