Most people don’t realize how quickly things can go wrong after an accident. One small mistake can weaken your case and, in some situations, completely ruin it.
And it’s usually not about doing something on purpose; you need to know exactly what to do and how to do things in the wrong order.
If you’re planning to pursue a car accident claim, these are the mistakes you should absolutely avoid:
Leaving the Scene of the Accident
Leaving the scene is a serious mistake, even if the accident is a minor one. If you drive away without reporting it, especially if someone is hurt or there’s damage to property, you could be breaking the law. In most parts of the US, you’re legally required to stop and exchange details after an accident. If someone is injured, you must also report it to the police.
But aside from the legal side, there’s a practical reason too. If you leave, there’s no official record of what happened. That means it’s your word against theirs, and that usually doesn’t end well.
The other driver could change their story, and without any evidence to support you, insurance companies may not take your side.
Not Calling the Police
Some people think they only need to call the police if the crash is serious. But that’s not true. Even in smaller accidents, a police report can be one of the most important pieces of evidence in your case. It shows when and where the crash happened, who was involved, and what was reported at the scene.
If you skip this step, you don’t have any neutral, third-party documentation. That makes it much easier for the other driver to deny what happened. And if your story doesn’t match theirs, insurance companies may reject your claim or offer you less money.
In many parts of America, the law says you must report an accident to the police if anyone is injured or if the damage is over a certain amount (this varies by state).
So not calling the police can also cause you to get into legal trouble. Even if no one’s hurt, it’s safer to make that call and have everything officially recorded.
Not Collecting Enough Evidence
Another mistake that hurts a lot of cases is not gathering enough proof at the scene. The more evidence you have, the easier it is to show what really happened. If you don’t take photos, get contact details, or write things down, you’re leaving things up to chance — and that rarely works in your favor.
Right after the crash, if it’s safe to do so, take pictures of the cars, the road, any injuries, and anything else that shows the scene. Get the names and contact info of the other driver, any passengers, and especially any witnesses. Write down what happened while it’s still fresh in your mind.
Delaying the Claim
Waiting too long to start your claim is another common mistake. Every state has time limits for personal injury claims. These are called statutory time limits. In most cases, you have just a few years, sometimes less, to file your claim, depending on where you live and how serious the injury is.
Talking to the Other Driver’s Insurance Company Without Legal Advice
Sometimes, the other driver’s insurer might contact you after the crash. They may seem polite or helpful, but remember, their job is to save money, not to help you. If you talk to them without a lawyer, you could accidentally say something that weakens your case.
They might try to get you to settle early before you know how serious your injuries are. Or they might ask tricky questions and use your answers to reduce your payout.
That’s why it’s best not to speak to them at all until you’ve spoken to a lawyer. A lawyer can handle those conversations for you and make sure nothing you say can be used against you.
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