Common Mistakes to Avoid in a Car Accident Case

Knowing the common mistakes to avoid in a car accident case can save you from accidentally damaging your car accident case, saving you time and money. 

Summary:

• Mistakes to avoid in a car accident case can include not immediately reporting the accident, neglecting medical attention, admitting fault, and failing to collect evidence. 
• These mistakes can lead to early damage of your car accident case, and it may be more difficult to receive full and fair compensation. 
• With help from a qualified, experienced lawyer, you can prevent early damage to your case and ensure that the compensation you receive is fair. 

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Even a minor car accident can be stressful to deal with. Unfortunately, that can cause people to make mistakes both at the scene and during the legal process that harm their car accident claim. 

Consequently, that can limit the level of compensation they are eligible to recover for their medical bills and other costs. Our team has created this guide of mistakes to avoid in a car accident case to help you protect yourself in the event of a crash.

One of the easiest ones to avoid is not knowing when to hire a car accident attorney. If you have suffered injuries and financial losses due to an accident caused by another person’s negligence, Jones Law Group Florida car accident lawyers are here to help you get the compensation you deserve.

To book an appointment for a free consultation, call us at (727) 571-1333 or submit this online contact form.

Know What Mistakes to Avoid in a Car Accident Case as a Driver in a High Risk State

In 2023, there were 394,255 car crashes in Florida according to FLHSMV accident data. That’s a lot of car accidents. While many of these were minor and caused no injuries, there were plenty of others (251,855 to be exact) that caused injuries.

This is to say, car accidents are more common than you might think, and it’s likely that you’ll end up involved in one at some point in your life. 

In fact, insurance companies report that the average driver files an accident claim every 18 years or so, meaning that the typical driver may get into 3 to 4 accidents in their life. For that reason, it’s vital to know how to handle the aftermath of a car accident to keep your potential lawsuit free from damage. 

Here are several common mistakes to avoid in a car accident case:

1. Not Immediately Reporting the Accident 

If you’ve been involved in a car accident, it’s always in your best interest to contact the local police department as soon as possible. After checking to ensure that no one has been seriously injured, you should call your local non-emergency police line to report the accident.

They’ll send out an investigating officer to file a police report and ensure that the accident doesn’t cause any further danger for those around you. Not only will filing a police report create vital evidence for your case, but it’s also a legal obligation.

If anyone is injured or there’s an estimated $500 of damage to either vehicle, you are legally required to file a report under Florida traffic law. Because $500 worth of damage can be difficult to estimate, you should always file a report no matter what. 

Even if the car accident was minor, there may be damage to your vehicle that you can’t see. You may also have sustained injuries that haven’t revealed themselves yet. No matter what, it’s always good to have the basic information of your accident, the when, where, and even how, documented as early as possible. 

2. Neglecting Medical Attention 

If you’re seriously injured, 911 should be called at the scene of the accident. The EMTs will evaluate you and determine whether or not you need to go directly to the hospital. If 911 isn’t called, you should still go immediately to the emergency room or hospital for an evaluation.

Some injuries, like internal injuries or soft tissue injuries, don’t appear right away. The adrenaline you’re feeling could mask even serious, life-threatening issues. 

Initial care is of the utmost importance. If you don’t go immediately, insurance companies will argue that your injury must not have been that serious. They’ll use this as an excuse to downplay your injuries and ultimately settle your case for less. 

Following your medical plan and receiving ongoing care from your full care team is also vital. If you neglect your care, insurance companies may also use this as an excuse to settle for less.

So, to keep your case from being damaged and ensure that you receive full and fair compensation, seek immediate medical attention and don’t neglect your care plan in the weeks or even months after the accident. 

3. Admitting Fault at the Scene (or Anywhere) 

No matter where you are, you shouldn’t speak about fault. Whether you’re talking to the other involved parties or your doctor after the accident, involve broaching the subject of fault. This includes apologizing to the other parties or implicating yourself in any way. 

When talking about the accident with doctors, friends, and family, still avoid the subject of fault and stick to the facts of the case. You never know who could testify against you. 

4. Forgetting to Document Any Evidence

Documenting evidence from the very beginning can help you greatly down the line. By collecting photo and video evidence from the scene of the accident, you can develop a file that showcases exactly what happened in the minutes before the collision.

For example, a photo could show burnout marks behind the at-fault vehicle, signaling that they were speeding and came to an abrupt stop. However, while documenting this type of evidence can greatly help your case, it won’t exactly damage it if you forget or aren’t able to take pictures/videos.

An experienced Florida car accident lawyer will be able to pull footage from local security cameras, collect pictures from witnesses, and develop a folder of extensive evidence either way. This initial evidence can be helpful and may even show something that was missed on other footage. 

5. Failure to Collect Contact and Insurance Information from the Other Driver and Witnesses

Not collecting contact and insurance information from the other driver and witnesses after a car accident is a mistake that can seriously harm your compensation claim. This data is critical for establishing liability and ensuring that you can follow up with the responsible party’s insurer. 

Without the other driver’s insurance information, the claims process becomes more difficult, delaying or potentially preventing you from receiving compensation for damages or injuries.

Additionally, obtaining witness contact details is crucial. Witness statements can help confirm the events leading up to the accident, especially if there’s a dispute about who was at fault. Failing to gather this information allows the opposing party to present their version of the events unchecked, which may damage your case.

To avoid complications, always prioritize collecting names, phone numbers, insurance details, and license plate numbers at the scene. Accurate documentation is essential for protecting your rights and strengthening your claim.

6. Not Notifying the Insurance Company About the Accident

Failing to notify the insurance company after a car accident is a common mistake that can significantly hurt your compensation claim. Most insurance policies require you to report accidents promptly, often within a specified timeframe.

Delays or failure to report may lead to your claim being denied entirely, leaving you responsible for expenses like car repairs or medical bills. Timely communication is crucial because it allows the insurance company to investigate the accident while evidence and witness accounts are still fresh.

If you delay, crucial details may be lost or disputed, weakening your case. Additionally, the opposing party or their insurer might argue that your delayed report indicates dishonesty or a lack of severity in your claim.

To protect your rights and maximize your compensation, always report the accident to the insurer as soon as possible, even if the damage seems minor. This step ensures smoother processing and stronger support for your claim.

7. Talking to Insurance Companies Before Speaking with a Lawyer

If there’s one thing that you take away from this blog post, it should be this. If you’re involved in a car accident (or a motor vehicle accident of any kind), you should always speak with a car accident attorney before talking to the insurance companies. 

Insurance companies will take advantage of you at any opportunity. They will try to get you to settle quickly by offering you cash in exchange for your signature. This will prevent you from receiving further compensation in the future. Save yourself the headache and speak to an attorney first. 

8. Accepting an Early Settlement Offer 

Insurance companies don’t like to negotiate. They want to settle quickly and for as little money as possible. That means you need to be careful when talking to insurers about your car accident case, as they will use any mistakes you make to reduce your compensation.

This is why it’s so vital to work with an attorney. Attorneys are persistent and will continue to negotiate with insurance companies until they get an appropriate settlement offer. 

9. Not Hiring an Experienced Car Accident Attorney

Not hiring an experienced FL car accident attorney after an accident is yet another mistake that can greatly impact your compensation claim. The legal process following a car accident can be complex, with multiple parties involved, including insurance companies that often aim to minimize payouts.

Without legal representation, you may struggle to understand your rights, undervalue your claim, or miss crucial deadlines, such as filing time limits. An experienced auto accident lawyer knows how to use car insurance after a Florida crash.

They will collect proper evidence, negotiate with insurers, and calculate the full value of your damages, including medical expenses, lost wages, and pain and suffering. They can also protect you from lowball settlement offers and ensure that the opposing party is held accountable.

By hiring a skilled attorney, you gain a strong advocate who understands the laws and can guide you through the process confidently, improving your chances of securing the compensation you deserve.

Contact Jones Law Group to Speak with an Experienced Car Accident Attorney ASAP

If you’ve been involved in a car accident, it’s time to speak with an experienced car accident attorney. Our team has years and years of experience and is ready to help you get the compensation that you deserve for your damages.

To learn more about our team and how we can help you, contact us online or at (727) 571-1333.

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FAQs About Mistakes to Avoid in a Car Accident Case

What should I do immediately following a car accident?

Immediately following a car accident, you should take the following steps:

1. Contact 911 if anyone is seriously injured. 
2. Call the local police line to begin filing a police report. 
3. Exchange information with the other involved parties, and don’t apologize or admit fault. 
4. Take pictures and videos of the accident scene. 
5. Gather witness information if possible. 
6. Seek immediate medical attention after leaving the scene. 
7. Contact a lawyer before speaking with the insurance company. 

How soon should I contact a lawyer after a car accident?

You should contact a lawyer as soon as possible after a car accident. The earlier you contact a lawyer, the easier the process will be for you. If possible, you can even contact them from the hospital or emergency room after leaving the scene.

However, the most important thing to remember is that you speak with an attorney before speaking with the insurance companies. 

Can I still receive compensation if I am partially at fault?

Florida operates on a no-fault system, so even if you’re completely at fault for the accident, you can still recover your damages through your personal injury protection insurance coverage. 

What are the main things not to do in a car accident?

Knowing what not to do in a car accident can be just as important as knowing what to do. One of the first mistakes you should avoid is not immediately reporting the accident to the local authorities. Always call the police, even if the accident seems minor, to ensure that an official report is filed.

Neglecting medical attention is another common mistake. Even if you feel fine, see a doctor as some injuries may not be immediately apparent. Never admit fault at the scene, as this can complicate your case later on.

Additionally, don’t forget to document the scene with photos and gather witness information. Speaking to insurance companies without consulting a lawyer first can also be detrimental to your case, as insurers may try to settle for less than you deserve.

Finally, avoid accepting an early settlement offer without legal advice, as it might not cover all your expenses and damages. By steering clear of these common pitfalls, you can protect your rights and improve your chances of receiving fair compensation.