Ask an Orlando Auto Accident Lawyer: What Mistakes Should I Avoid After a Crash?

Being involved in a car crash is stressful. The last thing you want to do is make post-accident mistakes that could create trouble and complicate your rights. 

Doing or saying the wrong thing after a collision could make it more difficult to receive rightful compensation, limit your access to medical treatment, and even land you in legal hot water. Below are eight common mistakes to avoid after an accident.  

1. Failing To Consult an Attorney

Perhaps the biggest mistake people make is failing to consult with an Orlando auto accident lawyer after their crash. Although promptly notifying your insurance company is important, an attorney will act as your advocate to maximize the compensation you may be entitled to.  Insurance companies have their interests at heart, not yours. This is true even with coverage you may have with your own insurance company.  

Consulting with an attorney (or even hiring an attorney) does not necessarily mean filing a lawsuit.  Often times, attorneys can settle your claim without the added expense and time of litigation.

An attorney can significantly help you communicate in a way that will not harm your case. They can also help with accident investigations, insurance negotiations, and tracking case filing deadlines — including meeting the statute of limitations for your claim.  

2. Leaving the Accident Scene

While you should move to a safe location out of traffic, you should never flee the scene of an accident. Even if it was only a slight bump or you are not sure if you felt a collision, failing to stop could result in a hit-and-run criminal charge, ending in jail time and negatively affecting your permanent record. It could also make it harder to obtain car accident compensation, even if the other driver was fully at fault.

3. Failing To Call Police

Because some “at fault” drivers hit-and-run, calling the police immediately after an accident can provide assistance in locating the person who caused the accident, especially if you are able to obtain the license plate information.  A police report can also serve as a strong support that an accident actually occurred at that location and time. If there is no report, the at fault driver could create doubt that an accident ever occurred.  However, keep your conversations with the police factual – limited to what you know occurred. Do not guess about the causes of the accident or what might have occurred or it could negatively impact your case.  

4. Admitting Fault

It is natural for some people to apologize after a car crash. However, as Orlando auto accident lawyers know, it will likely come back to bite you. Courts may see apologies as an admission of fault (or even partial fault), which could complicate liability assessments, reduce your injury compensation or even preclude you from obtaining any compensation.  

5. Not Gathering Evidence

Although police will gather evidence of the crash, help your cause by doing the same. Exchange insurance information with the other driver and take photos of the damaged vehicles, your physical injuries, and the accident scene. Also, request the contact information of any witnesses who may be able to support what occurred.  

6. Accepting Offers of Cash

Sometimes, it seems easier for the at-fault driver to pay for the property damage in cash at the scene of the accident to avoid using insurance. However, Orlando auto accident lawyers strongly discourage this practice. If you accept a cash offer, and later realize it did not fully cover your damages, the courts may decide you have already settled the matter in full. 

In fact, without the proper legal documentation, you might also waive your right to compensation for physical injuries you may not yet feel at the scene.  This could severely impede your right to seek compensation later — even if your injuries worsen.

7. Not Seeking Medical Treatment

Prompt medical care is crucial for your health and to preserve your legal rights. Some injuries take hours or days to appear. Seeking timely medical treatment is also required so as to not waive some insurance coverage.  Further, if you delay seeking medical treatment or skip recommended medical appointments, you allow insurance companies to later argue you are not that injured in that injured people want to heal and therefore, get treatment.  Not seeking medical treatment soon after an accident or missing appointments can reduce the compensation you may be entitled to.  

8. Talking Too Much

An accident is upsetting, and it is natural to want to tell family, friends, and coworkers about it. However, it is possible for the other side to use your statements against you in your claim. This is especially true posting on social media after your crash. It is wise to keep a low profile until your accident claim is resolved.

Need an Orlando Auto Accident Lawyer? Call Today!

If you have been in a crash, contact the Orlando auto accident lawyers at The Law Offices of Marc L. Shapiro, P.A.  Providing legal representation to Florida car crash victims since 1992. Call 239-500-5000 for a free consultation.