Car accidents happen daily, and many people file claims to recover damages.
However, not all claims end with fair compensation. Small mistakes can weaken a case, leading to reduced settlements or outright denials. Understanding these mistakes can help you protect your rights and get the compensation you deserve.
In Buffalo, New York, many accident victims struggle to navigate the claims process, often making mistakes that cost them fair compensation.
If you’re involved in a crash, working with a Buffalo car accident lawyer from Towey Law, PLLC, can help you avoid errors that could hurt your claim.
Knowing what to do—and what not to do—is crucial when dealing with insurance companies and legal matters.
1. Not Seeking Immediate Medical Attention
After an accident, some people assume they are well because they don’t feel pain right away. This is a mistake. Some injuries, like whiplash or internal bleeding, take time to show symptoms. If you delay medical care, the insurance company may argue that your injuries were not serious or were caused by something else.
According to the CDC, more than 2.1 million people visit the emergency room annually due to motor vehicle accidents. Seeking prompt medical attention strengthens your case and ensures that you receive treatment.
2. Acknowledging Mistakes at the Scene
Saying “I’m sorry” may seem polite, but it can be used against you. Even if you think you might be responsible, do not admit fault. Determining liability requires a full investigation. Let the police, insurance companies, and legal experts examine the facts before making any conclusions.
3. Failing to Gather Evidence
Substantial evidence can make or break a claim. Take photos of the accident scene, vehicle damage, road conditions, and any visible injuries, if possible. Get contact information from witnesses and make sure a police report is filed. Without solid evidence, proving your case becomes more difficult.
4. Not Reporting the Accident to the Police
A police report is an official document that can support your claim. In many states, reporting an accident is legally required, especially if injuries or property damage are involved. If you fail to report, the insurance company may question the legitimacy of your claim.
5. Giving a Recorded Statement to the Insurance Company
Insurance adjusters may ask you to provide a recorded statement about the accident. This might seem harmless, but they can use your words against you. Stick to basic facts and avoid speculation. It’s best to consult a lawyer before speaking to the insurance company.
6. Posting About the Accident on Social Media
Many people share updates about their lives online, but posting about an accident can backfire. Insurance companies and defense lawyers monitor social media for evidence that can weaken claims. Even an innocent post about feeling “fine” could be used to argue that you are not as injured as you claim.
7. Accepting the First Settlement Offer
Insurance companies often make low settlement offers, hoping claimants will accept quickly. Many people don’t realize that they have the right to negotiate. If you accept too soon, you may not get enough to cover medical bills, lost wages, and other expenses. Evaluate offers and consult with an attorney before agreeing to a settlement.
8. Not Hiring a Personal Injury Lawyer
Handling a car accident claim alone can be risky. Insurance companies have teams of lawyers working to minimize payouts. A skilled attorney can fight back, gather evidence, and negotiate for a fair settlement. Studies show that people who hire lawyers often receive higher compensation than those who handle claims alone.
The Final Verdict!
A successful car accident claim requires careful steps and wise decisions. Seeking medical help, gathering evidence, and avoiding mistakes can make a big difference. Knowing what not to do is as important as knowing what to do. Legal guidance can protect your rights and maximize your compensation when in doubt.