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Mistakes to Avoid After a Car Accident

Person Putting A Warning Sign In The Road

Don’t Incriminate Yourself After An Accident

If you have ever been involved in an auto accident, you know how shaken up and emotional it can leave you. You may have been injured, perhaps severely, or your adrenaline may be running so high that you are not even aware of the extent of your injuries. Because of all of this, people often make costly mistakes in the immediate aftermath of a crash that come back to hurt them later.

In 2023, there were an estimated 6.14 million police-reported traffic crashes in the United States, resulting in 40,901 deaths and an estimated 2.44 million injuries. With that many crashes happening every year, you can see how easily mistakes could be made, and how those mistakes could add up to significant costs in medical expenses, lost wages, and uncovered auto repairs. If you can avoid the following common mistakes after a car accident, you will greatly reduce your stress, improve your chances of a fair settlement, and protect your legal rights from the start.

1. Admitting Fault

Never, ever admit fault following an auto crash. First, you may not know all the factors involved in the collision. Even if you think it was your fault, it might not be once all the evidence is examined. Second, once you have admitted fault, it can be very difficult to receive a fair settlement for your injuries and damages. Even saying “I’m sorry” to the other driver can be misconstrued as an admission of fault. The best thing you can do after exchanging insurance information is to stop talking until you have had a chance to speak with an experienced car accident attorney. Your words at the scene can and will be used against you.

2. Failing To Call The Police

Far too often, one driver will attempt to dissuade the other from calling the police, usually the driver who is at fault. They may say there is not much damage, so why get the police involved. In fact, if you do not call the police and obtain an official accident report, there is no independent record to back up your account of what happened. Without a police report, your insurance company may also question the legitimacy of your claim. In Colorado, you are legally required to report accidents that result in injury, death, or significant property damage. When in doubt, call it in.

3. Failing To Gather Sufficient Information

Failing to collect adequate information from the other driver is a serious and common mistake. At a minimum, you should obtain the names and contact information of all drivers and passengers involved, license plate numbers, the other driver’s insurance information and driver’s license number, the make and model of each vehicle, the name or badge number of the responding police officer, and contact information for any witnesses at the scene. If you are too injured to do this yourself, ask someone you trust at the scene to do it for you.

4. Failing To Document The Scene

In an era when nearly everyone has a camera in their pocket, there is rarely a good excuse for leaving the scene of an accident without photos. If you are physically able, photograph each vehicle involved, the damage to each vehicle, the road conditions, traffic signals, skid marks, and any visible injuries. Take wide shots to establish the context of the scene and close-up shots to capture specific details. Video walkthroughs can be especially helpful. This visual evidence can be invaluable for your attorney when building your case, and it cannot be created after the fact.

5. Failing To Seek Medical Attention

Too many people involved in car crashes refuse medical care, insisting they feel fine. Maybe you are fine, or maybe you are more seriously injured than you realize. Adrenaline is a powerful masking agent, and many significant injuries including soft tissue damage, concussions, and internal injuries do not become symptomatic until hours or even days after a crash. If you do not seek medical attention promptly and later try to claim injuries, the insurance company will use that gap to argue that the accident did not cause your injuries. See a doctor as soon as possible after any crash, even if you feel okay. You can learn more about why delayed symptoms after a car accident are so common on our website.

6. Failing To Notify Your Insurance Company

Even if it is absolutely clear that the other driver was at fault, you still need to notify your own insurance company promptly. You also need to put the other driver’s insurance company on notice as soon as possible. Many insurance policies have specific time windows in which you must report a claim, and missing those deadlines can jeopardize your ability to receive payment for your injuries and vehicle damage. Read your policy carefully and err on the side of reporting early.

7. Accepting The Insurance Adjuster’s First Offer

This is one of the most expensive mistakes accident victims make. Insurance companies are in the business of minimizing payouts, and the adjuster assigned to your claim is not working in your interest. Their job is to settle your claim for as little as possible, as quickly as possible. Initial settlement offers are almost always a fraction of what you are actually entitled to, and once you accept and sign a release, you generally cannot go back for more, even if your medical expenses turn out to be far higher than anticipated. Understanding what to ask before accepting a settlement and how much to ask for are critical steps before signing anything.

8. Posting About Your Accident On Social Media

This mistake is increasingly common and can seriously damage your case. Photos, comments, check-ins, and even reactions that seem completely innocent can be taken out of context by insurance company attorneys and used to minimize your claim. A photo of you smiling at a family event, for example, could be used to argue that you are not as injured as you claim. The safest approach is to say nothing about your accident, your injuries, or your daily activities on any social platform until your case is fully resolved.

Contact Our Colorado Springs Car Accident Attorneys

If you or someone you love has been injured in a car accident caused by another person’s negligence, our attorneys can help. Having an experienced Colorado Springs auto accident attorney by your side from start to finish is one of the most important things you can do to protect your rights and maximize your compensation. Be aware of Colorado’s statute of limitations and do not wait too long to get legal help. Call us today at (719) 578-1106 for a free consultation. We are available 24/7 and ready to fight for you.