A car accident can be overwhelming, and the decisions you make in the moments and days that follow can affect your ability to recover compensation for your injuries and damages. Many people make mistakes that hurt their claims without even realizing it. Knowing what to avoid can help protect your rights and improve your chances of getting the compensation you need.
1. Leaving the Scene Without Calling 911
In California, you are legally required to report an accident if there are injuries, deaths, or property damage over $1,000. Calling 911 ensures that emergency responders arrive quickly, and if the accident happened on a public road, police will typically file a report.
If the accident occurs on private property, such as a parking lot, and there are no injuries, police may not respond. In that case, exchanging information with the other driver and documenting the scene becomes even more important.
2. Apologizing or Admitting Fault Too Soon
It is natural to feel bad after an accident, but avoid saying things that could be interpreted as admitting fault. While simply saying “I’m sorry” will not automatically make you liable, insurance companies may try to use statements like this to reduce what they pay.
That said, do not stress too much about fault—police officers, insurance adjusters, and attorneys determine liability based on evidence, not just statements made at the scene. Focus on gathering information and let the professionals sort out who is responsible.
3. Not Gathering Enough Evidence
After an accident, evidence disappears quickly. If you can, take these steps before leaving the scene:
- Take clear photos of all vehicles, license plates, traffic signals, and any visible injuries.
- Get the names and contact information of witnesses.
- Note important details, like the time, location, and weather conditions.
- Exchange insurance and driver’s license information with the other driver.
If police file a report, request a copy for your records. If they do not respond, you may need to file an accident report with the DMV or your insurance company.
4. Delaying Medical Treatment
Some injuries, like whiplash or internal bleeding, do not show symptoms immediately. Even if you feel fine, see a doctor as soon as possible. Waiting too long can give the insurance company a reason to argue that your injuries are not serious or were not caused by the accident.
If paramedics offer medical attention at the scene, it is usually best to accept. If not, schedule a doctor’s visit as soon as possible and keep all records of your treatment.
5. Talking to the Insurance Company Without Legal Advice
Insurance adjusters often ask for recorded statements soon after an accident. They may seem helpful, but their job is to minimize what they pay. Anything you say could be taken out of context and used to devalue your claim.
You are not required to give a recorded statement. It is best to speak with an attorney before discussing the accident with the other driver’s insurance company. If you must talk to them, keep your answers brief and stick to the facts.
6. Accepting the First Settlement Offer
Insurance companies often offer quick settlements that may not fully cover your medical expenses, lost wages, and pain and suffering. Once you accept a settlement, you usually cannot ask for more money later—even if your condition worsens.
Before agreeing to any settlement, consider speaking with an attorney to ensure you are receiving fair compensation.
7. Not Contacting a Lawyer Soon Enough
Car accident claims can be complicated, especially when dealing with medical bills, lost wages, and insurance companies. Many people assume they can handle their case alone, but insurance companies have teams of adjusters and attorneys working against you.
Having a lawyer can make a difference. We can help gather evidence, negotiate with the insurance company, and ensure you are not pressured into a low settlement. Since we work on a contingency fee basis, you pay nothing upfront—we only get paid if we win your case.
Protect Your Rights After a Car Accident in Orange County
Avoiding these common mistakes can help strengthen your claim and protect your rights. If you have been in a car accident in Orange County, do not wait to get legal help. Call us today for a free consultation and find out how we can assist you.
