Common Mistakes People Make After an Accident That Hurt Their Claim

When an accident happens, everything changes in an instant. Your mind races with questions, your body may be in shock, and the steps you take in the following hours and days can have a lasting impact on your health and financial recovery. At Rector Stuzynski Law Firm, we’ve seen firsthand how simple, honest mistakes after a crash can drastically reduce the value of a claim or in some cases, eliminate it entirely.

We understand that no one expects to be in an accident, and very few people know exactly what to do when it happens. Our goal with this guide is to help you avoid the common pitfalls we see every day, protect your rights, and preserve the full value of your case.

Why Your Actions After an Accident Matter

After an accident, most people are focused on getting home safely, fixing their vehicle, or explaining what happened to their insurance company. The last thing anyone wants to acknowledge is that they’re physically hurt, so it can be easy to try to downplay the effect of any injuries, focusing instead on the frustration surrounding the disrupting effect of the accident.  What people often do not realize is that every action or inaction can become part of a legal record. Insurance companies and defense attorneys use these moments to look for reasons to minimize payouts or deny responsibility altogether.

We tell our clients this all the time: the insurance company is not your friend. Their goal is to pay as little as possible, even if that means twisting your words, taking advantage of a technicality, or implying that your injuries are not as serious as you claim. That is why it is critical to be informed and proactive.

Mistake #1: Not Calling the Police or Getting an Official Report

One of the most damaging mistakes people make is failing to contact law enforcement after an accident. Even if the crash seems minor, an official police report is one of the most valuable pieces of evidence you can have. It documents key details such as time, location, weather conditions, statements from both drivers, and whether anyone appeared to violate traffic laws.

Without a police report, it often turns into a battle of “he said, she said.” The other driver could easily change their story later, and the insurance company will likely use the lack of documentation against you.

In Colorado, state law requires that accidents involving injury, death, or significant property damage be reported to the police. Beyond legal requirements, doing so simply protects you. A neutral officer’s report provides an unbiased record that can strengthen your claim, especially if liability becomes disputed.

Mistake #2: Admitting Fault or Apologizing

It’s human nature to apologize after something goes wrong. People often say “I’m sorry” even when they are not at fault, just to be polite or ease tension. Unfortunately, insurance companies and defense lawyers can interpret those words as an admission of guilt.

Never admit fault at the scene of an accident, even if you think you might have contributed in some way. You do not have all the facts yet. Road conditions, mechanical failures, or the other driver’s behavior may have played a much larger role than you realize.

The only statements you should make at the scene are factual and brief, confirming whether everyone is safe, exchanging insurance and contact information, and answering questions from law enforcement. Leave discussions about liability for later, when you have had time to consult with an attorney.

Mistake #3: Failing to Seek Medical Attention Immediately

We cannot emphasize this enough: always seek medical care after an accident, even if you feel fine. Adrenaline and shock can mask serious injuries for hours or even days. Internal bleeding, concussions, and soft tissue injuries may not show symptoms right away.

Insurance companies look closely at the timeline of medical treatment. If you wait days or weeks to see a doctor, they will argue that your injuries were not serious or that they were caused by something else. Getting prompt medical attention not only protects your health but also establishes a clear connection between the accident and your injuries.

Keep every record from your medical visits, including diagnostic scans, prescriptions, therapy notes, and receipts. These documents serve as concrete evidence of both your treatment and the costs associated with your recovery.

Mistake #4: Not Following Doctor’s Orders

Some clients start strong by seeing a doctor right away but then fail to follow through with treatment. Missing appointments, ignoring prescribed therapy, or stopping medications early can weaken your case. The insurance company will claim that your injuries healed quickly or that you made your condition worse by not following medical advice. This sounds annoying, like an inside industry trick, but there is some truth to it.  If you get hurt, but fail to follow a reasonable treatment regimen, you can significantly delay your healing, or even make your condition worse.

Injury recovery often takes time and consistency. Whether it’s physical therapy, chiropractic adjustments, or specialist follow-ups, attending every appointment and following your doctor’s recommendations shows that you are taking your health seriously and doing everything possible to recover.

If you have legitimate issues keeping you from treatment, such as transportation challenges or financial concerns, communicate that to your doctor and your attorney. They can document these issues and help find solutions, ensuring there are no gaps in your medical record.

Mistake #5: Speaking to the Insurance Company Without Legal Advice

After an accident, you can expect the other driver’s insurance company to call you within days, sometimes even hours. Their representatives may seem friendly or sympathetic, but their primary job is to gather information that can be used to limit your payout.

They will often ask to record your statement “for accuracy.” Do not agree to this without consulting an attorney. Even innocent statements like “I’m doing better today” can be twisted to suggest you are fully recovered. Remember, these companies handle thousands of claims a year and train their adjusters to look for ways to reduce settlements.

At Rector Stuzynski Law Firm, we handle all communication with insurance companies for our clients. That way, nothing gets misinterpreted, and you can focus on your recovery without the added stress of dealing with aggressive adjusters.

Mistake #6: Accepting the First Settlement Offer

When medical bills start piling up, many people feel pressure to accept a quick settlement. The insurance company knows this and often uses it to their advantage. They may offer what seems like a fair amount within days of the crash, but in nearly every case, it’s far less than what your claim is truly worth.

Early offers typically fail to account for ongoing medical treatment, lost future wages, pain and suffering, or potential complications that have not yet surfaced. Once you accept and sign a release, your case is closed forever. You cannot come back and ask for more money, even if new medical issues arise.

An experienced personal injury attorney can accurately assess the value of your case, factoring in both current and future damages. We work with medical experts, economists, and other professionals to ensure your settlement reflects the full scope of your losses, not just what’s immediately visible.

Mistake #7: Posting About the Accident on Social Media

It’s almost second nature these days to share major life events online. However, when it comes to accidents and injury claims, social media can be your worst enemy. Insurance companies regularly monitor posts, photos, and even tagged locations to find evidence that contradicts your claim.

A simple post like “I’m lucky it wasn’t worse!” or a photo of you smiling at a family gathering can be used to suggest that your injuries are minor or that you’ve recovered quickly. Even private accounts are not safe. Defense attorneys can subpoena social media records in some cases.

Our advice is simple: do not post about your accident, injuries, or recovery at all until your case is resolved. Ask friends and family not to tag you in photos or mention your situation online. It’s a small precaution that can make a big difference in protecting your claim.

Mistake #8: Not Gathering Evidence at the Scene

The moments right after an accident can be chaotic, but if you are physically able, collecting evidence can be invaluable. Photos and videos taken immediately after the crash can preserve details that disappear quickly, such as skid marks, vehicle damage, road debris, or weather conditions.

Witness statements are another critical piece of evidence. People who saw the accident unfold can provide unbiased accounts that support your version of events. Be sure to collect their contact information before they leave the scene.

If you are too injured to gather evidence yourself, ask someone you trust to do it for you or contact an attorney right away. Our firm often sends investigators to secure evidence and preserve details before they are lost.

Mistake #9: Not Keeping Detailed Records

In personal injury cases, documentation is everything. Medical bills, pay stubs, repair estimates, and even mileage logs for doctor visits all help demonstrate your economic damages. Many people underestimate how quickly these expenses add up or how difficult it is to recreate an accurate record months later.

We advise our clients to keep a simple folder or digital file where they can store all receipts, invoices, and correspondence related to their accident. Keeping a pain journal is also essential. Recording how your injuries affect your daily life, missed activities, emotional strain, or ongoing discomfort provides valuable insight that supports your non-economic damages like pain and suffering.

Mistake #10: Waiting Too Long to File a Claim or Hire an Attorney

In Colorado, most personal injury claims are subject to a statute of limitations, typically three years for motor vehicle accidents and two years for other types of personal injury cases. That may sound like plenty of time, but evidence tends to fade quickly. Witnesses move away, memories blur, and physical proof such as surveillance footage or vehicle data can be lost.

The sooner you contact an attorney, the stronger your case will be. Early involvement allows us to gather critical evidence, communicate directly with insurers, and prevent costly missteps before they happen. Waiting too long can result in lost leverage or worse, forfeiting your right to recover compensation altogether.

Mistake #11: Assuming the Insurance Company Will Do the Right Thing

We wish it were different, but after decades of experience handling accident cases, we can confidently say that insurance companies rarely act out of fairness. Their loyalty is to shareholders and profit margins, not to you.

We have seen insurers delay claims for months hoping victims will give up, deny valid injuries because of minor pre-existing conditions, and even use private investigators to track claimants. These tactics are not rare. They are standard practice.

The best way to protect yourself is to have someone equally experienced on your side. Our firm knows how these companies operate and how to counter their strategies. We have recovered millions of dollars for clients who initially thought their claims were hopeless.

Mistake #12: Misunderstanding Comparative Negligence

Colorado follows a modified comparative negligence rule. This means that your compensation can be reduced or eliminated based on your percentage of fault. For example, if you are found 20 percent responsible for the accident, your final recovery will be reduced by 20 percent. If you are found 50 percent or more at fault, you cannot recover anything.

Insurance companies often use this law to shift blame, even partially, to reduce their payout. They might argue that you were speeding, distracted, or failed to react quickly enough. Having an attorney who understands comparative negligence is crucial for countering these claims and ensuring your share of fault is minimized.

We frequently perform our own accident reconstructions and consult experts to establish a clear and accurate picture of what truly happened. The goal is simple: maximize your recovery by minimizing unjust blame.

Mistake #13: Underestimating the Value of Non-Economic Damages

When people think of accident compensation, they often focus on medical bills and lost wages. While those are significant, they are only part of the picture. Pain, suffering, emotional distress, loss of enjoyment of life, and permanent impairment can all be compensated under Colorado law.

Insurance companies prefer to downplay these non-economic damages because they are harder to quantify. They may argue that your pain is subjective or that your emotional suffering cannot be proven. Our attorneys know how to present compelling evidence, using medical reports, psychological evaluations, and personal testimony to show the true impact of your injuries.

Every case is unique, and every client’s story deserves to be heard in full. We take time to understand how your injuries have affected your daily life so that the final settlement reflects not just the financial costs but also the human cost of your ordeal.

Mistake #14: Not Understanding Subrogation or Liens

If your health insurance or another party pays for your medical treatment after the accident, they may have a right to be reimbursed out of your settlement. This process is called subrogation, and it can be complex. Similarly, hospitals, Medicare, or workers’ compensation providers may place liens on your recovery.

Many accident victims are unaware of these issues until it’s too late. Without proper management, liens can drastically reduce the amount you actually receive. At Rector Stuzynski Law Firm, we handle all lien negotiations as part of our representation, ensuring our clients keep as much of their settlement as possible.

We regularly work with medical providers to reduce outstanding balances and eliminate unjust claims, maximizing what goes into your pocket.

Mistake #15: Trying to Handle the Case Alone

Perhaps the most serious mistake of all is trying to navigate the legal process without professional representation. Personal injury law is complex, and insurance companies have entire teams of attorneys on their side. Without legal experience, it’s easy to make a misstep that costs you thousands of dollars.

A qualified personal injury attorney levels the playing field. We manage every detail, from investigating the accident and gathering evidence to negotiating settlements and, if necessary, representing you in court. Our goal is always to secure the best possible outcome while relieving you of the stress and confusion that come with the claims process.

Most importantly, we work on a contingency fee basis. That means you pay nothing unless we win your case. It costs nothing to speak with us, and the sooner we are involved, the stronger your claim will be.

The biggest myth perpetuated by the insurance industry is that plaintiff’s attorneys are unnecessary.  This doesn’t benefit an injured person, but precisely and only the insurance companies, who pay out significantly less in compensation to unrepresented people than they do to folks who have an attorney.  Contrary to the myth that hiring a persona injury lawyer will just eat up part of your settlement, folks who are represented by experienced counsel almost always get paid out more money than they would if they tried to resolve the claim on their own. We take our obligation to our clients seriously, and never take more money than our clients put in their pocket, even after all of their bills are paid. 

Protecting Your Rights Starts With One Call

Mistakes after an accident are easy to make, especially when you are hurt, overwhelmed, and unsure of what to do next. The good news is that most of these mistakes can be avoided with the right guidance.

At Rector Stuzynski Law Firm, we have spent decades helping accident victims in Colorado Springs and across the state rebuild their lives. We know how to protect your rights, hold insurance companies accountable, and fight for every dollar you deserve.

If you or someone you love has been injured in an accident, don’t wait to get the help you need. Contact our firm today for a free, no-obligation consultation. We’ll review your case, answer your questions, and give you a clear plan of action for moving forward. You focus on healing, and we’ll handle the rest.