Car accidents turn your world upside down. In seconds.
And then there’s the aftermath…
Dealing with insurance companies and legal procedures. Most people approach that process completely blind. Not knowing what they don’t know, they make choices that badly hurt their claim. Irreparably harm it, in some cases.
The truth is…
Approximately 95-96% of car accident claims settle out of court. They never see the inside of a courtroom. So what happens immediately after an accident matters enormously.
Here are the seven worst mistakes people make. And how to avoid them.
You’ll learn
- Why your actions after an accident matter so much
- The 7 most common mistakes that destroy car accident cases
- What you should do instead to protect your claim from day one
Why These Mistakes Can Destroy Your Case Forever
Successful car accident claims are built on evidence. As soon as an accident occurs, a clock starts ticking.
Evidence degrades. Witnesses become unavailable. Insurance companies begin working on their defence strategies before you even consider hiring a lawyer.
This is true for both standard collisions and hit and run accidents. With hit and runs, contacting a Calgary car accident lawyer right away can make the difference between finding the driver who fled the scene or not. Either way, speed and transparency with legal counsel are of the utmost importance.
So here are the accident claim killers.
Post-Accident Mistakes That Can Ruin Your Case
Mistake #1: Failing to Call the Police
People don’t expect this one.
Even for “minor” accidents, always call the police. If you don’t, it severely limits your ability to prove what happened later on. You’d be amazed how often two drivers have completely different stories about the same accident.
When police aren’t involved, the other side’s word is basically taken as fact. You have very little ability to contest it.
This is especially important for hit and runs. The police report is basically the foundation of your claim. Get the investigation process started as quickly as possible.
Call the police to the scene every single time.
Mistake #2: Saying You’re Sorry
We’re taught to say “I’m sorry” as soon as we make a mistake.
But immediately after an accident, that instinct can come back to haunt you. Apologising can be used against you by insurance companies as proof that you were at fault.
Insurers are looking for reasons to pay out as little as possible. Don’t give them the ammunition they need.
Keep conversations with the other driver short and professional. Only exchange necessary information. Let your lawyer and insurance company do their jobs.
Mistake #3: Not Seeking Medical Treatment
The problem with many car accident injuries is that they don’t show up right away.
Between adrenaline and the shock of the accident, it’s not uncommon to feel fine at the scene, only to start feeling pain later. That makes going to the doctor immediately so important. Why?
By delaying medical attention…
- You let your injuries get worse.
- You harm your legal case.
Insurance companies argue delayed medical treatment means… wait for it. Two things, actually.
a) Injuries weren’t that serious.
b) Injuries weren’t caused by the accident.
If you don’t have medical records directly after an accident, those arguments can be very difficult to combat.
Get medical help as soon as possible.
Mistake #4: Giving a Statement to Insurance Adjusters
Insurance adjusters have one job.
To pay you as little as possible. One of their favourite tactics is asking you to give a recorded statement before you even consider hiring a lawyer. Then they sit in their office and dissect your words, looking for ways to decrease your settlement.
Refuse. Politely decline. Let them know you’ll reconsider their offer once you’ve had a chance to speak with legal representation.
Mistake #5: Documenting Your Accident on Social Media
Here’s one that regularly stumps people.
Social media.
It doesn’t matter if you think your account is set to “private.” If insurance companies can see it, so can the courts.
Don’t post about your accident. Don’t check into a hospital. Don’t make that Facebook status asking friends to pray for you.
Letting insurance companies and their lawyers know you were “fine” after an accident will seriously hurt your ability to collect damages for things like pain and suffering. The same goes for pictures. Take that victory lap with friends, but keep your vehicle to yourself.
Pictures can seriously hurt your case.
Social media should be off-limits until your case is resolved.
Mistake #6: Accepting the First Settlement Offer
Insurance companies work quickly.
After an accident, they’ll move as fast as possible to settle with you. The problem?
The first offer is always (ALWAYS) too low.
Studies have shown that those with legal representation through a personal injury lawyer end up with settlements nearly three times larger than those without. If you accept their first offer without knowing the true cost of your injuries, you could be selling yourself short by a tremendous margin.
Don’t settle. Not yet, anyway.
Get legal advice, find out what your injuries will really cost you — then negotiate with a full understanding of the facts.
Mistake #7: Waiting to Contact a Lawyer
Time is the enemy of car accident claims.
Evidence gets lost. Witnesses cannot be located. And just about every jurisdiction has a limitation period — called a statute of limitations — by which you can file a lawsuit. In hit and runs, time is also of the essence to locate the driver that fled the scene.
NHTSA reported 39,345 traffic fatalities occurred in 2024. They go on to calculate the total cost of motor vehicle crashes for that same year: $417 billion. Those are astounding numbers that speak for themselves.
If you’ve been involved in an accident, seek legal counsel sooner rather than later.
Takeaways: Mistakes That Destroy Car Accident Cases
Hopefully, by now you’ve got a better understanding of the worst mistakes you can make after a car accident.
Quick refresher:
- Failing to call the police. Police reports help establish what happened.
- Admitting fault. Let insurance companies and lawyers figure that out.
- Not seeking medical attention. Go to the doctor. NOW.
- Giving a statement. Let your lawyer talk to insurance companies.
- Posting on social media. Keep quiet until the process is over.
- Accepting the first offer. Insurance companies lowball you.
- Waiting too long. Damages and evidence disappear with time.
The sooner you contact legal counsel and start protecting your claim, the better. Stay safe out there.