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Being in a car accident sets the victim’s adrenaline in motion and demands immediate action and snap decisions. In the rush of all this, it’s easy to make mistakes. However, these oversights could prove costly when it comes to claiming the compensation that victims need.
If you were involved in a car accident, the first thing you should do is remain calm and avoid five of the most common mistakes that people make in these situations. Then, as soon as you are able, give the Long Island personal injury firm Dell & Dean PLLC a call.
Mistake 1: Not Calling the Police
No matter how serious the accident is – or isn’t – you should call the police immediately. This is a critical step for several reasons:
- Police generate an accident report: When a law enforcement officer responds to the accident scene, they will produce an accident report. This is a valuable document containing essential facts you will need later. If you don’t call, you are depriving yourself of important evidence.
- Your insurance will probably need the report: Apart from filing a lawsuit or seeking compensation from the at-fault driver’s insurer, you will likely need the report to receive a payout from your own insurance company.
- The at-fault driver may blame you: The other driver may appear friendly or even accept blame for the accident, and everyone agrees to not call Long Island police. Then, days later, you receive notice that the driver is blaming you and seeking compensation. Calling the police could easily have prevented this.
How do I get a copy of the accident report?
You will need a copy of the police accident report later, so ask the responding officer what the procedure is for getting it. The officer will likely explain the process or give you a number to call. If all else fails, your attorney can figure out how to get it.
Mistake 2: Apologizing or Admitting Blame
Although you will need to tell the police a few basic facts and exchange your license, registration, and insurance information with the other driver, beyond this you should limit what you say. Never apologize or admit fault, even if you think you caused the crash. There may be causal factors that you don’t yet know about.
How could my statements be construed as an admission of guilt?
There are things you could say after an accident that, although they seem innocent, may be taken as admissions of guilt. This includes such statements as:
- Apologizing for doing something you didn’t even do (but thought you did)
- Apologizing for the victim’s injuries or the damage done to their car
- Agreeing with whatever the victim says about liability
- Appearing sympathetic to the victim about the severity of their injuries
- Describing the accident in ways that make it appear as though you caused it
- Speculating as to what or who caused the accident
What if the other driver twists my words?
You should also remember that it’s entirely possible for the other driver to twist your words and add things you didn’t say, no matter how innocent you were. In general, you should avoid the accident victim (except insofar as you must exchange the above information) and let the police do their jobs. The more you say, the more you open yourself up to potential liability.
Mistake 3: Not Seeing a Long Island Doctor
This cannot be stressed enough: if you’ve been in an accident, even if you think your injuries are minor or that you weren’t injured at all, you need to see a doctor. This is crucial not only for your health but for your legal rights.
After the accident you should either ask for emergency medical assistance or at least see your doctor right away. Also, be sure you follow all of your doctor’s recommendations. Doing so could protect your health and your accident claim.
Why is this step so important for my legal claim?
If you do not see a doctor, and your injuries get worse, the at-fault party and their lawyers and insurers will try to blame you for aggravating your own injuries. They will do this to attempt to avoid responsibility and put you on the defensive. Basically, the more time between the accident and the time you seek medical attention, the worse.
Mistake 4: Not Collecting Evidence
Shortly after your car crash, Long Island emergency officials and others will visit the scene. Eventually, they will clean up the wreckage and likely destroy evidence in the process. If you have failed to document the accident scene, this could be a setback in your claim.
Without interfering with law enforcement or emergency officials, you should:
- Take pictures and record videos of the accident scene
- Do the same for your injuries and the damage done to your vehicle
- Include in your recordings as much detail as you can (including the location)
- Ask any witnesses for their names and contact information
- Note any statements that the at-fault parties make, especially about fault
How much evidence is enough evidence?
Err on the side of more evidence rather than less, and try to take pictures and record videos from different angles and zooms. You should also try to get the contact information of as many witnesses as you can (even if they all observed the same thing), since it may be hard to reach one or several of them later. Turn over everything you have to your attorney.
Mistake 5: Talking With the Insurance Company
The at-fault party’s insurance company is likely to contact you shortly after the accident. No matter how sympathetic they seem, however, you must remember that they are looking out for their own interests – not yours. You are not required to give them a statement, nor should you, because they will try to use anything you say against you.
How to respond to the insurance company
If you receive any sort of communication from the other parties’ insurance companies, refer them to your lawyer. It’s also a good idea to have an attorney help with your own insurer since they will underpay or deny your claim if possible. Never sign any statements or accept any settlements before speaking to a lawyer.
The Best Step You Can Take: Calling an Attorney
Retaining an experienced Long Island car crash lawyer is the best way to avoid the above mistakes and safeguard the value of your accident claim. Don’t do something that could cost you the compensation that you deserve. As soon as you can, call Dell & Dean PLLC or complete our online contact form so we can help.
