A car accident can leave victims and their families shaken and confused, and without any clue on what to do next. In the moments following a car accident, the decisions that are made can have a lasting impact both on your health and on your right to sue and recover monetary compensation. Avoiding common mistakes can help protect yourself physically and legally.

Top Mistakes People Make:

1. Failing to Seek Medical Attention | Many people sustain injuries that may not show immediate symptoms, including but not limited to whiplash, concussions, and internal injuries. These injuries can only be identified by a medical evaluation since they are not immediately apparent. Delaying medical treatment can worsen your condition. In addition, a delay in medical care as well as injuries that are not properly documented can make it more difficult to prove that they suffered those injuries in the accident.

2. Ignoring Your Doctor’s Treatment Plan | Missing appointments, rescheduling appointments, failing to follow medical advice (like bedrest, low activity, etc.) can be used against you. The insurance company may argue that your injuries are not as serious as is claimed. Always follow treatment plants and properly document all medical records and resulting medical bills.

3. Not Filing a Police Report | Many people choose not to file a police report when the damage does not appear to be too much. This may include damage to the vehicle as well as any apparent physical injuries. When you contact the police and have a police report, there is an official record of the incident with important details about what happened (like road conditions and witness statements). This is a valuable piece of evidence both when filing an insurance claim or pursuing any legal action.

4. Admitting Any Fault at the Scene | Many people naturally want to apologize or even try to explain what happened. Anything from “I’m so sorry I didn’t see you!” or “I couldn’t stop on time!” can be interpreted as accepting responsibility. When speaking to the other drivers or the police, it is important to stick to the facts.

5. Failing to Gather Necessary Evidence | It is important to gather as much evidence as possible before leaving the scene of the incident. This can include photos of damage to all vehicles, photos of the entire scene of the incident, photos of road conditions/weather, witness names/contact information, insurance information and driver’s license information for all other drivers involved, etc. In general, the more evidence that you have, the stronger your claim may be.

6. Speaking to Insurance Agents without Preparation or Representation | Insurance adjusters may try to contact you soon after the incident. While you definitely need to report the crash to your insurer, it is important that you are cautious about giving any recorded statements or accepting any quick settlement offers before you understand the full extent of your injuries. Insurance companies often resort to confusing language to try to get you to state something that may negatively affect your case. If your accident resulted in significant injuries/damages, the best option may be to consult with an attorney before speaking with insurance.

7. Accepting the First Settlement Offer | Insurance companies may make premature settlement offers before the claimant fully understands the total cost of medical care and total wages lost. This is a tactic used to reduce payouts. Accepting a settlement offer too soon may prevent you from seeking any additional compensation if your injuries become more serious or your damages increase.

8. Waiting too Long to File a Claim | Every claim is subject to a deadline or a statute of limitations. If you wait too long to file a claim, you could lose your right to file a claim entirely.

9. Trying to Handle a Complex Claim without Representation | Although some claims for minor accidents can be handled without any legal guidance, pursuing a claim without legal help can be a big mistake especially when there are complex injuries and significant damages.