To some degree, car accidents are inevitable. Even the most cautious drivers are bound to find themselves in a motor vehicle accident at one point or another. But few drivers know how to respond when they’re involved in a crash, especially when they’ve sustained serious injuries.
The result? North Carolina personal injury victims all too often make critical errors that end up complicating or destroying their potential for compensation.
Don’t let this be you!
Unfortunately, we’re not taught in grade school how to protect our rights when we’re injured in a car accident. For now, I guess we’ll have to settle for an educational blog.
Whether you’re a new driver preparing to hold your own on the roads or a seasoned driver who’s just been in a serious crash, this article will outline eight common mistakes made in the aftermath of a car accident and how to avoid them.
Mistake #1: Failing to Call the Police & File a Report
You’d be surprised how many car accidents go unreported in the state of North Carolina. NC drivers are legally required to file a police report after being involved in a motor vehicle collision. Not only that, but if you want to file a claim for personal injury compensation after the fact, a police report is a must (since it is an unbiased account of the incident).
After you’ve been in a crash, call 911 as soon as you’re safely able. Wait until an officer arrives on the scene The officer will record:
- The date, time, and location
- Information about the parties involved
- A brief description of the incident
- Observations about road conditions, weather, injuries, and other damage
- Witness statements
Mistake #2: Not Gathering Sufficient Evidence at the Scene
Information is power. The more evidence you collect at the scene of the accident, the stronger your claim will be and the easier it will be to establish fault
Before you leave the scene of the accident, gather the following:
- Photos and/or videos of all vehicle damage, the accident scene, road conditions, and injuries (even if seemingly minor)
- Contact information (including names, phone numbers, and email addresses) for other drivers and witnesses
- Insurance policy information from the other driver
- The other driver’s vehicle make, model, and license plate
Mistake #3: Admitting Fault or Apologizing
If you’re the kind of person who lets out an instinctive “I’m sorry” every time you just slightly brush by a stranger, this one’s for you…
Fight that instinct to apologize!
Even if your apology is simply a polite gesture of acknowledgment, it can be misconstrued as an admission of guilt. Whether you’re speaking with the other driver or a police officer, it’s best to avoid any discussion of fault at the scene of the accident altogether.
Mistake #4: Delaying Medical Attention
Prompt medical care is about more than just ensuring your well-being. The longer you delay your visit to the doctor, the more difficult it becomes to prove the accident was directly responsible for your personal injury. If you fail to get swift medical attention, insurance companies may argue your injuries are either (1) not serious enough to warrant compensation or (2) not a direct result of the accident.
Even for seemingly minor injuries, you should seek medical attention as soon as possible. Certain kinds of injuries (like whiplash, back injuries, or traumatic brain injuries) may show symptoms several days after the originating accident.
Pro Tip: Make sure you hold on to all of your appointment and prescription records. These documents are vital for your claim.
Mistake #5: Talking to the Other Driver’s Insurance Company Without Legal Counsel
After a car accident, an adjuster from the at-fault driver’s insurance company may contact you to gather a recorded statement. When doing so, they may do or say things to confuse you or convince you to back down.
Ultimately, the insurer’s main objective is to give you as little money as possible.
To accomplish this end, they may:
- Ask leading questions
- Make quick, lowball settlement offers
- Urge you not to seek legal counsel
- Twist your words
But here’s a little-known fact: You are NOT obligated to speak with the insurance adjuster without first consulting with an attorney.
Mistake #6: Posting About the Accident on Social Media
Anything you share online can be used as evidence against your case, whether you’re posting directly about the accident or sharing “innocent” photos that suggest you are still active and healthy. If you have any intention of pursuing a personal injury claim, we strongly advise you to avoid discussing anything related to the accident or your injuries online.
Mistake #7: Settling Your Claim Too Soon
We get it—it’s tempting to accept the first settlement offer presented so you can move on with your life and recovery. But there are a few potential problems with this:
- Victims often underestimate the full extent of their injuries
- Certain costs may not be immediately apparent
- Depending on your injury, you may be facing some serious long-term impacts (like disability or inability to work)
To ensure you understand the true value of your claim, it’s best to get a professional assessment from an attorney.
Mistake #8: Not Contacting a North Carolina Personal Injury Attorney Promptly
Personal injury lawyers do more than just represent you in court. In fact, most personal injury claims are actually settled outside of a courtroom. An attorney can also help you:
- Navigate North Carolina’s complex laws and procedures
- Protect your rights from the outset
- Handle communication and negotiations with insurance companies
- Ensure you meet all the proper deadlines
Far too often, personal injury victims avoid reaching out to an attorney because they think they are going to have to fork out a bunch of money to pay for legal services. With some lawyers, this may be true, but not with Houser Injury Law.
That’s because we operate on a contingency fee basis.
In other words, Houser Injury Law will NOT accept any payment until you’ve received the compensation you deserve.
So, if you have a legal question? Call us! You’ll only have to pay if we win your case.
Houser Injury Law: Trusted Partner in North Carolina
If you or a loved one has been involved in an auto accident in North Carolina, don’t make these common mistakes. Contact Houser Injury Law today for a free consultation.
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