6 Common Mistakes That Could Destroy Your Car Accident Claim

The days following a crash are some of the most overstimulating and stressful of your life. There are a hundred different things vying for your attention, not to mention the pain and anxiety of your injuries. It’s easy to make simple mistakes that could sabotage your ability to secure compensation.

At Brassfield & Krueger, we’ve spent 75 years fighting to protect accident victims from these costly errors. Don’t let one moment of confusion or uncertainty derail your claim. Let’s uncover the six most damaging mistakes victims make and show you how to safeguard your rights from day one.

Mistake 1: Delaying Medical Treatment

One of the biggest mistakes after a car accident is delaying medical attention. Many people feel fine right after a crash due to adrenaline, but injuries like whiplash, concussions, or internal damage may not show symptoms immediately. Waiting to see a doctor can also give insurance companies a reason to dispute your claim.

To protect your health and your claim, seek medical attention immediately, even if you feel fine. If you’re not taken to the hospital, visit urgent care or an ER within 24 hours, and follow up with your doctor and any recommended specialists.

Mistake 2: Giving Recorded Statements Without an Attorney

After an accident, you’ll likely receive calls from insurance companies asking for recorded statements about what happened. While this might seem like a routine part of the claims process, providing these statements without legal representation can seriously damage your case. Insurance adjusters are trained to ask leading questions designed to get you to admit fault or minimize your injuries.

Before giving any recorded statement, consult with an experienced car accident attorney. They can prepare you for the types of questions you’ll face and may even handle communications with insurance companies on your behalf.

Mistake 3: Admitting Fault at the Scene

In the immediate aftermath of a car accident, emotions run high, and it’s natural to want to apologize or accept blame, especially if you’re concerned about the other person’s well-being. However, admitting fault at the scene can devastate your claim. Insurance companies and opposing attorneys will use any admission of fault as evidence that you caused the accident. Even saying “I’m sorry” can be twisted to suggest you’re accepting blame. These statements become part of the official record and can be nearly impossible to overcome later.

At the scene, focus on ensuring everyone’s safety and gathering information. Limit your statements to basic facts about what you observed, without speculating about cause or accepting blame. Let the evidence speak for itself.

Mistake 4: Not Collecting Evidence or Witness Information

The moments immediately after a car accident are prime for preserving evidence that could make or break your claim. Many accident victims are too shaken or preoccupied with their injuries to consider documentation, but this oversight can prove costly.

Without proper documentation, insurance companies may dispute:

• The extent of vehicle damage
• The severity of the accident
• Your version of events
• The other driver’s fault

This lack of evidence can result in denied claims or significantly reduced settlements.

If you’re physically able, collect as much evidence as possible at the scene:

• Photos and Videos: Take pictures of damaged vehicles, the accident scene, road conditions, traffic signs, and any visible injuries. Modern smartphones make this easier than ever.
• Contact Information: Obtain the names, phone numbers, and addresses of all drivers involved, along with their insurance information and driver’s license numbers.
• Vehicle Details: Record the make, model, year, color, and license plate numbers of all vehicles involved.
• Witness Information: Collect information from anyone who saw the accident. Independent witnesses can provide crucial testimony about what happened.

Mistake 5: Social Media Activity

Social media is part of daily life, but posting about your accident or injuries can hurt your claim. Insurance companies and defense attorneys look for social media posts that contradict injury or suffering claims. Even innocent posts of you smiling at a family gathering or going out to a restaurant can be misused.

The safest option is to avoid posting on social media while your claim is active. If you must post, follow these tips:  

• Don’t share photos or videos of yourself.  
• Avoid discussing your accident, injuries, or legal case.  
• Don’t share details about medical treatment.  
• Be cautious when posting content that shows physical activity.  

Don’t give insurance companies an excuse to reduce your claim by posting carelessly.

Mistake 6: Failing to Consult with an Attorney

One of the most costly mistakes accident victims make is trying to handle their claim on their own. Insurance companies know that unrepresented accident victims are easier to exploit. They use various tactics to minimize payouts, including:

• Offering quick, low-ball settlements before victims understand their rights
• Using complex legal language to confuse claimants
• Denying valid claims, hoping victims will give up
• Delaying payments to pressure victims into accepting less

You should consult with an attorney immediately after any car accident to protect yourself and set yourself up for success.

Protect Your Claim with Brassfield & Krueger

There are countless ways you can damage your claim in the whirlwind of pain and stress following a car accident. However, a strong car accident attorney can help you avoid making critical mistakes.

At Brassfield & Krueger, our experienced attorneys have seen it all. We’re ready to do what it takes to pursue fair outcomes and stand up for your interests.

Don’t leave your claim vulnerable – contact us today for a free consultation.