Top Mistakes Injury Victims Make After an Accident (and How to Avoid Them)
Being injured in an accident caused by someone else’s negligence is an overwhelming experience that no one wants to go through. The unfortunate reality is that it happens far more often than we’d like. When this happens, your first thought is usually on making sure you’re physically okay. Thoughts about insurance claims and personal injury lawsuits may come later, but they’re often not the priority.
While this is totally understandable, it’s also important that victims know exactly what to do after an accident so they can protect their rights to file for compensation later on. Below are some of the top mistakes injury victims make after an accident and how to avoid them.
Skipping or delaying medical care
It’s normal to want to skip the hospital or doctor if you feel “fine” after an accident. Most people just want to get home and rest. However, this can work against you down the road. Insurance companies are likely to argue that any injuries claimed later aren’t the result of the accident but came on after or might have happened somewhere else. They’ll also argue that if you didn’t get medical treatment right away, your injuries probably weren’t that serious.
The best way to protect your health and your legal case is to get checked out right away – ideally right after the accident. If you don’t feel that you need the emergency room, get an appointment with your primary care physician immediately. Follow all of your doctor’s treatment orders and don’t skip any appointments.
Giving a recorded statement to the other driver’s insurer
After an accident, the at-fault driver’s insurance company may contact you, requesting a recorded statement about what happened. Although this seems innocent, their job is generally to find ways to limit your payout – no matter how nice they seem, they’re really not on your side.
You generally have no legal duty to speak to the other side’s insurance without proper legal advice. Always speak with your attorney first and let them handle communication.
Missing Washington’s collision report requirement
In Washington, when a police officer doesn’t respond to or document a car crash, every involved driver has a legal obligation to file a collision report within 4 days if the accident involved injury, death, or property damage of $1,000 or more.
(1) Unless a report is to be made by a law enforcement officer under subsection (3) of this section, the driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to the property of any one person to an apparent extent equal to or greater than the minimum amount established by rule adopted by the chief of the Washington state patrol in accordance with subsection (5) of this section, shall, within four days after such accident, make a written report of such accident to the chief of police of the city or town if such accident occurred within an incorporated city or town or the county sheriff or state patrol if such accident occurred outside incorporated cities and towns. Nothing in this subsection prohibits accident reports from being filed by drivers where damage to property is less than the minimum amount or where a law enforcement officer has submitted a report.
Filing online is fast and easy, and you should always save proof that you filed.
Oversharing on social media
It’s tempting to vent or update your friends after an accident by posting online. However, anything you share can be twisted and taken out of context – photos, comments, or even casual remarks about how you’re feeling can weaken your case significantly.
Your profiles should be private, but ultimately, the best way to avoid problems with your claim is to avoid posting on social media altogether until your insurance claim or lawsuit has concluded. There’s nothing good that is going to come out of posting online about your accident and injuries.
Failing to preserve evidence
Moving forward too quickly after an accident sometimes means valuable evidence is lost forever. If the accident involves a motor vehicle collision and the car is repaired, or if dash cam footage and broken items get discarded without documentation, you can lose proof of the accident and how severe it was.
To avoid mistakes, thoroughly photograph damage, preserve all photos and video clips, save damaged equipment or gear, and consult your attorney about how to preserve other types of evidence.
Missing important deadlines
Waiting too long after an accident can prevent you from filing a claim for compensation, no matter how strong your case would have been otherwise. Most personal injury cases in Washington allow you three years to file – if you don’t initiate a lawsuit by then, you lose your chance.
RCW 4.16.080
Actions are limited to three years.
(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;
However, there are exceptions that can extend or shorten this deadline. Notably, if you are filing a claim against the government, the timelines and procedures are significantly different – you must submit a tort claim using the designated form at least 60 days before filing suit. To avoid mistakes, start your claim early, following instructions exactly, and work with a lawyer to make sure you don’t miss your chance.
Signing broad medical releases
Insurance adjusters often ask accident victims to sign simple-looking medical release forms, but many of these then give them permission to see your entire medical history, not just what relates to the accident. That gives insurers ammunition to dig into past injuries or conditions for any excuse to lower your claim.
To avoid problems, don’t sign anything until you’re sure it only applies to the care connected with your crash, not your private or unrelated medical life. Let your accident lawyer collect and provide just the records that are necessary for your case.
Taking the first low settlement offer
Accepting the first offer from the insurance company frequently leaves people paying for later medical care or other losses out of pocket. You truly only know what a case is worth when healing is complete and when you get a clear picture of your other losses, like lost wages and emotional injuries. Let your lawyer calculate what you’re truly entitled to before accepting an offer.
Waiting too long to call an accident lawyer
A common mistake is waiting weeks or even months before talking to a lawyer because you feel confident handling things alone. The sooner you connect with legal help, the sooner you receive advice about gathering the right evidence, filing needed reports, and managing the insurance process. Issues can come up that you simply don’t know how to deal with, and having a lawyer by your side is the best way to maximize your financial recovery.
If you’ve been injured in an accident, don’t try to handle the aftermath on your own. Contact Smith McBroom Injury and Accident Lawyers for a free case evaluation today. Our experienced team has recovered more than $100 million for clients in all types of accident cases, and we’re ready to put that knowledge to work for you.