Every year, thousands of car accident victims make one of these mistakes, throwing away their chance to get full compensation.
And with the amount of accidents there are in a year (expected 39,345 people to die in traffic crashes in 2024) there is so much chance for making a mistake.
In this guide, I will cover the top mistakes that can destroy your car accident case and how to avoid them.
What you’ll discover:
- Why Admitting Fault Destroys Your Case
- The Evidence Collection Mistakes That Cost You Money
- How Social Media Posts Can Ruin Everything
- When Delaying Medical Care Backfires
- Why You Should Never Accept The First Settlement Offer
Why Car Accident Victims Make Costly Mistakes
It’s complicated for the non-lawyer. The average person will be in 3-4 car crashes in their lifetime but will still not know what to do if involved in one.
Here’s what factors lead to the mistakes:
Shock and adrenaline set in. They don’t have the headspace to make good choices. The other driver pressures the victim to “just work it out between ourselves.” Insurance companies immediately start the calls.
These factors combined lead to innocent and costly mistakes. Things that will haunt their case for months to come.
But you know what?
Most of these mistakes are 100% preventable.
Mistake #1: Admitting Fault At The Scene
Don’t even try it. That’s the first and biggest mistake to avoid at all costs.
Insurance companies will take your innocent words and turn them into an admission of fault. Car accident lawyers see it all the time – a simple, “I’m sorry,” becomes a game-changer in a courtroom.
Don’t even talk about it.
- Check if anyone is injured and call 911
- Exchange insurance information
- Take pictures of the damage
- Get witness contact information
- Leave it to the police to determine what happened.
Don’t discuss fault with the other driver. Even if you think you were in the wrong. Insurance companies and police will figure it out based on the evidence.
Mistake #2: Failing To Call Police
I know people that think calling the cops for a “simple” accident isn’t worth the hassle.
This is a mistake, and a big one. By not calling the police, the victim is left with no way to prove what really happened. This makes it very easy for the other driver to change their story later on. The other driver may seem cooperative at the scene of the accident, but that can change later.
What does this mean for your case?
- No official record of what happened
- Harder to prove other driver’s fault
- Insurance companies may deny your claim
- Lost forever evidence
Even if it is just a fender bender, call the police. The police report will be a key piece of evidence for your case.
Mistake #3: Not Collecting Enough Evidence
The evidence disappears right after the accident. Skid marks get washed off the road. Witnesses drive away. Security footage gets deleted.
Document these for your case:
- All vehicle damage from various angles
- The accident scene and surrounding road conditions
- Street signs and traffic lights
- License plates and driver’s licenses
- Contact information for all witnesses
- Your injuries (if visible)
The more evidence collected, the better chance at success. Don’t assume others will collect the evidence properly.
Mistake #4: Delaying Medical Treatment
If there is one mistake that costs money in this field, it is this.
“I’m fine” – these are the three most expensive words you can say in the field of personal injury law.
Injuries from car accidents often take time to become noticeable. Pain is masked by adrenaline. Soft tissue injuries take days or even weeks to appear.
But this is the problem:
Insurance companies will use it as a reason to say your injuries are not serious or weren’t caused by the accident if you wait too long to see a doctor.
The easy solution? See a doctor within 24-48 hours if possible, even if you feel fine. Document everything and follow all treatment recommendations.
Skipping medical care or doctor’s advice gives insurance companies reasons to deny your claim.
Mistake #5: Talking Too Much To Insurance Companies
Insurance adjusters are trained to get you to say something that could damage your case later on.
They call you while you’re still in pain. They ask you for recorded statements. They ask you questions that seem innocent but are traps. Simple yes or no questions that later can be used against you.
Keep in mind that
The other driver’s insurance company is NOT on your side. They work for them. They’re out to pay you as little as possible. Here are some ways insurance adjusters try to get information out of you and how to avoid them:
- Only provide basic facts (date, time, location)
- Never give a recorded statement
- Don’t discuss your injuries in detail
- Refer them to your attorney
Don’t ever talk to the insurance company without your attorney present. That is what they’re there for. Let your lawyer handle insurance communications.
Mistake #6: Posting On Social Media
It might surprise you but insurance companies keep an eye on your social media.
They are looking for a photo or post that contradicts your injury claims. Insurance adjusters may use any social media content against you. Even something as innocent as a photo of you smiling.
Things that hurt your case include:
- Photos of physical activity
- Accident posts
- Check-ins at gyms, etc.
- Content that makes you appear “fine”
Stay off social media until your case is over. If you have to use it, don’t post about the accident or your activities.
Mistake #7: Accepting The First Settlement Offer
Insurance companies love when victims accept a settlement offer early on in the process.
Insurance adjusters will sometimes make an offer days after your accident. The reason is to get you to take a low amount before you understand the extent of your injuries and damage. Before you know what they are paying you for, they already get you to agree.
The reality is that:
The first offer is almost always too low. Insurance companies expect the victim to negotiate. They always start the process by offering a lowball.
Before you accept any settlement:
- Get a full medical evaluation
- Know all of your current and future medical costs
- Calculate lost wages and earning capacity
- Pain and suffering
- Consult with an attorney
If you sign the settlement paperwork and accept the offer, you can’t ask for more money later. Even if you find out you have more injuries later on.
Mistake #8: Waiting Too Long To Get Legal Help
If there is one mistake people make more than any other in this field is this one.
They think they can handle their own car accident case without a lawyer. Not a good idea.
Why would anyone in their right mind face the insurance company without professional help?
Insurance companies have entire teams of lawyers dedicated to making the victim’s case as weak as possible. To take as much money away as possible. Yet people show up to the battle without a weapon.
The longer you wait:
- Evidence disappears
- Witnesses forget details
- Insurance companies build stronger defenses against you
- You might miss important legal deadlines
Car accident lawyers know how to investigate your case, work with insurance companies, and fight for maximum compensation. They already have all the weapons, most will work on contingency.
Wrapping It All Together
Car accident cases can be won or lost in the first few hours after the crash.
I’ve covered the mistakes that destroy thousands of these cases every year. You know what to avoid. You know what to do instead.
Remember the key points:
- Never admit fault at the scene
- Always call police and collect evidence
- Get medical treatment immediately
- Limit contact with insurance companies
- Stay off social media
- Don’t accept the first settlement offer
- Get legal help early in the process
The difference between making these mistakes and avoiding them could be in the tens of thousands of dollars of compensation.
Don’t make a preventable mistake and cost yourself the money you need to recover. Do the right things from day one and give yourself the best chance of success.
