If you or somebody you care about has been injured in a vehicle accident caused by another driver’s negligence, there are certainly many steps you should take in order to recover compensation for your losses. However, it is just as important to discuss the steps that car accident victims should not take after a vehicle accident in order to preserve the integrity of their claim.
Do NOT Admit Guilt or Say You’re Sorry
There are some things you want to avoid saying after a vehicle accident occurs, but this could be challenging. It is often in human nature to apologize when we see other people in pain or those who have sustained some type of property damage, even if we did not cause the incident. Some of the things you should avoid saying are iterations of:
- “I’m so sorry this happened.”
- “I think I may have caused this.”
- “What can I do to make this better?”
- “I didn’t mean to do that.”
Everything you say after an accident and to individuals at the scene of the incident, including police officers, could be taken as a sign of admission of fault. Your main priority at the scene of an accident is to check for injuries and assist individuals if you are able to do so. Limit your conversation with other parties, never admit fault, and do not say you’re sorry.
Do NOT Go Into Detail With a Claims Adjuster
Insurance claims adjusters will call you after the incident occurs. This may be an insurance claims adjuster from your carrier or from the other party’s insurance carrier. Insurance claims adjusters have one goal, and this goal is to limit how much compensation they pay out. They will be friendly, and they will do what they can to get you to talk about anything in general. They want you to open up about the accident. You need to limit how much conversation you have with the insurance claims adjusters. Stick to the facts of the case, which you already explained to the police officer at the scene. Do not add new information, and do not speculate on any aspect of the case.
Your best bet is to refer the insurance claims adjuster to your car accident attorney.
Do NOT Stop Going to Your Health Appointments
Do not stop going to medical appointments recommended by your healthcare professionals after an accident occurs. Continue all medical treatment recommended by your doctor or another medical professional until they have determined additional treatment will not make any difference in your recovery.
If you discontinue care against medical advice, this discontinuation could be used by the insurance claims adjusters to limit how much compensation they pay overall, which could lead to you receiving less than you actually deserve.
Do NOT Post About the Incident on Social Media
Please stay away from social media after a vehicle accident occurs. Do not post about the incident or your medical treatment moving forward. Insurance claims adjusters and legal teams for any other party involved will likely dig up these posts, and they could be used against you. Any inconsistent statements in the social media posts, when compared to official statements, will be reviewed carefully. Even posting about your day-to-day activities could jeopardize your claim, particularly if you have claimed injuries.
Do NOT Delay Speaking With an Attorney
Waiting too long to consult an attorney can work against you in several ways. Evidence like skid marks, surveillance footage, and witness memories fade or disappear over time. California also imposes a statute of limitations on personal injury claims, so the longer you wait, the less time your legal team has to build a strong case before that deadline. Consulting an attorney early does not commit you to filing a lawsuit; it simply ensures your options stay open and your claim is protected from these early missteps.
If your accident involved a hit-and-run driver or resulted in a serious or catastrophic injury, getting experienced legal guidance early is especially important given the added complexity these cases involve.
Talk to an Experienced Car Accident Attorney
Avoiding these common missteps gives your claim the best chance of reflecting the full value of your losses. Our team at Callahan & Blaine has decades of experience helping car accident victims throughout Orange County protect their claims from the moment they contact us. Contact our office today to discuss what happened and learn how our attorneys can help.
Frequently Asked Questions About Protecting Your Car Accident Claim
What if I already apologized at the scene of the accident?
An apology alone typically does not determine fault, which is established through evidence like police reports, witness statements, and physical evidence. Still, let your attorney know what was said so they can address it if it comes up.
Do I have to talk to the other driver’s insurance adjuster?
You are not obligated to give a detailed statement to the other party’s insurance adjuster. It is generally best to refer them to your attorney rather than answering questions directly.
What happens if I stop medical treatment because I feel better?
Stopping treatment against medical advice can be used by insurance companies to argue your injuries were not as serious as claimed. Follow your provider’s recommendations until they determine further treatment will not help.
Can old social media posts from before the accident be used against me?
It is less common, but insurers and opposing counsel may still review your account history broadly. The bigger risk comes from new posts made while your claim is active.
How soon should I contact an attorney after a car accident?
As soon as possible. Evidence can fade quickly, and California’s statute of limitations limits how long you have to file a claim, so earlier legal guidance generally protects your options better than waiting.
