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Common Mistakes to Avoid When Filing a Car Accident Claim


Photo by Aaron Doucett on Unsplash

In the aftermath of a car accident, filing a claim correctly is crucial to ensure you receive fair compensation for damages and injuries. However, many people make common mistakes that can jeopardize their claims. By avoiding these mistakes, you can ensure that you are well prepared to make your claim

Failing to Gather Evidence

One of the most critical steps after a car accident is collecting evidence at the scene. Evidence is the foundation of your claim. Car accident attorney Stephen Babcock will provide assistance in collecting and presenting the following types of evidence:

  • Photos of vehicle damage, injuries, and the accident scene

  • Contact information and statements from witnesses

  • Police report details

  • Traffic camera footage, if available

Remember, you can never have too much evidence. It's better to have more information than you need than to wish you had collected more later.

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Not Seeking Immediate Medical Attention

Even if you feel fine after an accident, it's essential to seek medical attention promptly. Some injuries, like whiplash or internal bleeding, may not show symptoms immediately. Delaying medical care can:

  • Worsen your condition
  • Make it harder to prove your injuries were caused by the accident
  • Give insurance companies reason to doubt the severity of your injuries

Keep all documentation of your medical visits, treatments, and follow-ups. These records are crucial for supporting your claim and demonstrating the extent of your injuries.

Admitting Fault or Making Inaccurate Statements

In the confusion following an accident, it's easy to say something you might regret later. Avoid admitting fault or making statements like "I'm sorry" at the scene. These statements may be used to establish fault and liability on your part.

When speaking with police or insurance adjusters, stick to the facts. Ensure that you provide consistent and accurate information and when you are unsure of something it’s okay to say, “I don’t know”. Remember, it is best to have your attorney handle all communication.

Delaying the Claim Process

Time is of the essence when filing a car accident claim. Delays can lead to:

  • Loss of critical evidence
  • Fading memories of witnesses
  • Exceeding the statute of limitations

Each state has its own statute of limitations for filing car accident claims. Missing this deadline can result in losing your right to compensation entirely. Start the claim process as soon as possible to protect your rights.

Navigating Insurance Companies

Dealing with insurance companies can be tricky. While they may seem helpful, remember that their primary goal is to minimize payouts. To protect your interests:

  • Be cautious about giving recorded statements
  • Don't accept the first settlement offer without careful consideration
  • Consider consulting with a personal injury attorney before agreeing to any settlement

Insurance adjusters may use tactics to undervalue your claim. An attorney will know how to negotiate and when to accept a settlement claim.

Avoid Mistakes for a Quicker Resolution

Filing a car accident claim doesn't have to be a challenging process. Avoid common mistakes to ensure that you have a solid claim and that you can get the compensation you deserve. Be sure to seek professional legal advice to protect your rights and to ensure that your car accident claim gets resolved as soon as possible.

author

Chris Bates