The aftermath of a car accident in California can be scary, confusing and overwhelming. It’s easy to make mistakes and skip steps that you should be taking to build the strongest possible car accident claim. Knowing what mistakes to avoid can help you protect your legal rights as much as possible.
Admitting Fault
Immediately after a car crash takes place, it may be in your nature to apologize to the other driver for the accident. However, an apology can be misconstrued as an admission of guilt or a confession that you are at fault.
Do not admit fault in any way to the other driver, the police or an insurance company. Allow professional investigators to analyze the scene and determine what caused the wreck.
Waiting to Seek Medical Treatment
Always get prompt medical care after a car accident in California. Serious injuries require timely treatment for the best possible prognosis. You may have an injury with hidden or delayed symptoms that can only be diagnosed by a doctor.
In addition to being important for your physical health, timely medical care can also signal to a car insurance company that your injuries are connected to the crash. Waiting to see a doctor, on the other hand, could give an insurer grounds to diminish or deny your claim based on the argument that you “failed to mitigate your damages.”
Failing to Document the Accident
Clear and detailed documentation of your automobile accident is critical for the insurance claims process. Do your best to gather information and evidence from the scene of the crash, such as:
- Photographs
- The other driver’s information
- A description of all vehicles involved
- Witness statements
- Any video footage of the crash
Document your injuries in detail, as well, by keeping copies of your medical records and bills. Keep a daily pain journal detailing your personal experience.
Common Mistakes to Avoid After a Car Accident
Trusting Insurance Adjusters
Car insurance companies often advertise as corporations that want to help you after a car crash. However, this is not the truth. Insurance companies are for-profit businesses that want to convince you to accept as little as possible in the form of a lowball settlement to protect their own pockets.
A cardinal mistake after a car accident is trusting a car insurance company (even your own). No matter how friendly the insurance claims adjuster sounds on the phone, they do not want what’s best for you.
Do not agree to give the insurance adjuster a recorded statement and do not accept the first settlement offered to you. Don’t sign anything until you’ve spoken to a San Francisco car accident attorney.
Posting About the Accident Online
Try to limit what you say publicly about the car accident and your injuries. Posting anything about the crash on your social media accounts could give the insurance company evidence to use against you.
Even a seemingly innocent picture of you at dinner with your friends, for example, could be used to contest a pain and suffering claim. The best way to protect yourself is by taking a social media break for the duration of your case.
Choosing Not to Consult With an Attorney
It’s important to discuss your car accident injury claim with a local San Francisco personal injury lawyer, especially if you’ve suffered serious or catastrophic damage. A lawyer will give you an honest and accurate representation of your situation, including your legal rights under California law and your options for making a financial recovery.
Jacoby & Meyers offers free initial car accident case evaluations throughout California. Act quickly, as you have no more than two years to file a car accident claim under California’s statute of limitations.