What’s the most painful thing after an auto accident? Knowing that you made matters worse by failing to get a police report, missing the medical window, giving a statement to the insurance company, posting on social media, or accepting a settlement without first learning your legal rights.
Unfortunately, as experienced auto accident attorneys, we see this situation far too often in Tallahassee. The victim of a car crash unknowingly takes actions that make their financial or physical situation just that much worse.
Fortunately, when you are aware of the top five mistakes people make after auto accidents in Florida, you can steer yourself in the right direction and avoid those mistakes. Here we explain the five most common errors and what you should do instead.
Mistake #1: Failing to Call the Police to Get an Official Report
What to Do Instead: Always call 911, even for a seemingly minor fender bender
Denial is natural after a car crash. Your brain can’t quite believe what just happened. And you want to think it wasn’t that bad. So if the other driver suggests that you “work it out privately,” you may be tempted to agree.
But resist the urge! Section 316.065 of the Florida Statutes requires you to report the collision to the police if the crash causes $500 or more in damage—and even a minor scratch or dent can cost that much to fix. So the law requires you to report the accident.
Just as important, when the police respond, they will create a report that outlines the situation and serves as valuable evidence of what happened. If you don’t get this report, the other driver can deny that anything happened. Or worse, they can claim that you caused injuries and damage to their vehicle, and you will have a hard time defending yourself. And you can’t expect any help from your insurance company without a police report.
Mistake #2: Missing the Medical Window
What to Do Instead: See the doctor within 48 hours even if you feel “fine.”
No one wants to go to the hospital emergency room. So, unless the EMTs have physically loaded them into an ambulance, many car accident victims simply go home and hope the pain will go away. They often convince themselves that they’re not injured. And many times, they don’t feel bad initially because the adrenaline in their systems is hiding the symptoms of the injuries.
Waiting to see a doctor can lead to tremendous problems because:
- Injuries such as internal bleeding can grow dangerously worse
- It gives the appearance that you must not truly be hurt
- The longer you wait, the easier it is for the insurance company to claim that something else caused your injuries
- If you wait longer than 14 days, you lose the ability to recover benefits from your personal injury protection insurance
Mistake #3: Giving a Recorded Statement to the Insurance People
What to Do Instead: Politely tell them that you are not prepared to make a statement until you have talked to a Tallahassee accident attorney
Insurance adjusters are very personable, and it’s hard to get them off the phone. They engage in conversation easily, and before you know it, you are ready to help them because they’re so nice.
Just remember that it is all an act. They are paid to get you to admit to things that they can use against you later. Something said politely or with a different meaning can be taken out of context and used to “prove” that you’re not really hurt or that you were the one responsible for the accident.
You have to cooperate with your own insurance company, but you have no obligation whatsoever to talk to the other driver’s insurance company without first getting legal advice on how to protect yourself in the process.
Mistake #4: Posting on Social Media
What to Do Instead: Stay off social media completely until your case is over.
Most of us like to vent our frustration when we’re upset. We also like to keep people informed when they’re worried about us. Social media offers a convenient way to do both. You can get sympathy and advice from friends when you’re upset about your injuries or the way the insurance company is behaving. And you can let your extended family know about your progress toward healing without sending a dozen different text messages.
The problem is similar to the problem with making statements to the insurance company. Your words and pictures posted online can be used to reduce your damages or prevent you from recovering anything from the party responsible for the accident. You may be trying to hide your pain with a smile for your family—but the insurance company will use that photo as evidence that you’re no longer injured.
Mistake #5: Accepting a Settlement Without Talking to an Experienced Attorney
What to Do Instead: Schedule a free consultation with a Tallahassee auto accident lawyer to learn the true value of your claim before you accept anything from the insurance company.
When you’re facing medical bills and a long road to recovery while you’re unable to work due to injuries, the prospect of a quick financial recovery is very appealing. Your worries would be over. But in reality, your worries might just be beginning.
A settlement offered soon after an auto accident is likely to be very low because you have not demonstrated that you have the evidence and arguments to win a lawsuit. The insurance company offers a small amount in the hopes of closing the case file without a lot of work. They want you to agree to settle before you know how much you would be likely to receive if your case went to court.
While it is true that most car accident cases settle out of court, they only settle for the full amount when a dedicated attorney has shown the insurance company that they will lose.
Find Out What You Should Receive After Your Car Accident with a Free Case Evaluation
When you’ve been seriously injured in an auto accident caused by another driver, you should be eligible to receive compensation to cover not only your medical bills and lost wages but also your pain, suffering, and losses affecting your quality of life. If your injuries are minor, you are generally limited to what you can recover through your PIP coverage. But severe injuries can enable you to file a lawsuit and receive justice to offset the damage to your life.
When you avoid the top five mistakes and follow wise practices instead, you can recover full compensation that enables you to move forward after your accident. For a free case evaluation to learn what you could be receiving after a car crash, call Searcy Denney Tallahassee at 888-549-7011 or contact us online now.
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