A car accident is a stressful and overwhelming experience, but there are crucial steps to follow when dealing with the physical and emotional aftermath. If someone else’s negligence caused your crash, you can file a personal injury claim.
Unfortunately, many individuals take the wrong steps, and it can significantly impact their ability to recover fair compensation.
Here, San Antonio accident attorney Dr. Louis Patino explores the top five mistakes people make after a car accident in Texas and explains how to protect your rights.
Table of Contents
1. Not Reporting the Accident
When a Texas accident causes death, injury, or property damage totaling more than
$1,000, it must be reported to the police. Individuals have 10 days to report the accident, and failing to do so is a misdemeanor punishable by a driver’s license suspension.
But as long as you report the accident in time, it’s not an issue, right? The reality is that the sooner you inform the police about your accident, the better. When someone else causes your accident, they will rarely openly admit it. In fact, they will likely try to blame you instead. While a police report isn’t the be-all and end-all when it comes to evidence, reporting your accident first can give you the upper hand.
The same can be said for reporting your accident even when the law does not require you to. You might initially decide against reporting the crash because you don’t want the hassle. However, someone else involved in the crash might develop injuries that did not show physical symptoms immediately after the accident due to adrenaline or realize their car repair bills are going to be more costly than they originally expected. They might report the accident to the police and blame you, even if they were at fault.
These potential scenarios make it a critical mistake to not report your accident, even if you think you don’t have to.
The crash report created by police can help establish liability and document the accident. They become even more crucial in a personal injury claim and are regularly relied upon as case evidence.
2. Admitting Guilt
Emotions often run high after a car accident. It’s common to encounter drivers, passengers, and pedestrians who are hurt or angry, and you may be feeling upset, confused, or shocked.
Your first instinct after a car accident might be to apologize to anyone else involved. You may genuinely feel guilty even if you are not responsible and you did everything any other reasonable person would do to avoid the crash, or you may simply be sorry that someone else was hurt and is feeling a certain way — just as any well-meaning person might say “I’m sorry this happened to you”. An apology does not always equal an admission of fault, but others may interpret one as such — especially insurance adjusters looking to pay out on a customer’s policy.
Any statement admitting your responsibility, from an “I’m sorry” to an “I should have seen them in my mirrors”, can be twisted against you to indicate you were negligent. This might not only prevent you from recovering compensation, but it could also reverse the situation, with another injured party filing a lawsuit against you.
3. Failing to Gather Evidence
If your accident wasn’t your fault, you may be able to recover your losses — including your medical bills, lost wages from being unable to work, and additional compensation for pain and suffering — but you must have evidence supporting your case. If you cannot prove a driver was speeding, causing them to crash into you, you might struggle to show they are liable.
Some of the best evidence proving another person’s liability can be gathered at the scene. Roadways are cleared fast to minimize disruption to other motorists, so a tell-tale skid mark showing a driver braked hard and lost traction could be disputed as appearing later — unless you take a photograph of the road and the positions of the vehicles after the crash.
Photographs of the scene can be valuable evidence for a car accident claim and are often used by accident reconstructionists to determine how the accident occurred and who is liable.
Similarly, if you cannot show your injuries were caused by the accident, the insurance company for the person responsible might argue they do not owe you compensation, claiming you were hurt in a separate event long after the accident.
This brings us to the next mistake many car accident survivors make… not getting checked out.
4. Avoiding the Doctor
Visiting the emergency room isn’t legally required after an accident, and if you sustain minor injuries or feel fine, you might wonder if you should bother.
Many people avoid going to the emergency room after a crash, and with good reason. A trip to the ER can cost thousands of dollars, and that’s without the additional cost of any tests, medication, or follow-up appointments you may need.
But not getting checked out is a big mistake. You might feel fine immediately after an accident, but adrenaline can disguise the pain, or you may have invisible injuries that don’t show symptoms.
Injuries can also be more severe than they appear. A sore leg might be a sprain, but it might also be a fracture that ice, a day off work, and pushing through the pain won’t help
— and could delay your recovery.
You’re entitled to recover your medical treatment costs in a personal injury claim, but documenting your injuries as early as possible will strengthen your claim and ensure you receive the compensation you deserve. Without evidence showing your injuries occurred from the accident, the at-fault party might argue that you weren’t hurt in the crash.
5. Accepting an Early Offer from Insurers
Insurance companies may seem friendly and helpful after an accident, but it’s wise to take their words with a pinch of salt. Insurers appoint adjusters to investigate accidents, determine what happened, and explore whether their client (such as a driver) caused the crash, meaning they are liable for covering your costs.
As for-profit companies, insurers want to maximize their bottom lines, so they often lowball accident victims and encourage them to settle for as little as possible.
An insurance adjuster may claim to have your interests in mind and try to convince you that you’re unlikely to receive a higher offer and that it’s less hassle to settle now so you can pay your medical bills and move on with your life. They might even tell you horror stories about claims dragging out for years without resolution.
Unfortunately, these are common tactics used to get away with paying accident victims less than their claim is worth. Negotiations can take time — especially if insurers drag out the process — but if you settle too early, you risk not fully understanding what additional treatment you need or how your injury impacts you long-term, leaving you unable to pay for future treatment or missing out on additional compensation.
If you’re worried about paying for medical care, a personal injury attorney can explore your options, including issuing a Letter of Protection. This document is an agreement with your treatment provider delaying payment until you receive compensation.
To avoid this common car accident mistake, always speak to a lawyer before agreeing to a settlement or signing any paperwork.
Now you know the top five mistakes car accident victims make when navigating their recovery and the possibility of recovering compensation; you can take steps to avoid them, safeguard your rights, and increase your chances of getting the best result in a personal injury claim.
