Crash! When you’re in a car accident, everything happens so fast. One minute, you are enjoying a beautiful day. The next minute, you are trying to deal with problems — injuries, treatment, car damage. You may be dealing with pain, confusion, insurance companies, medical providers, and even the other driver. Despite good intentions, many accident victims make critical mistakes that can hurt their personal injury case.
At Blackwell Law Firm, our lawyers have handled car accident claims across northern Alabama for three decades. We know one bad decision at the wrong time can reduce the value of your claim or even lead to a complete denial. To help protect yourself, here are 5 common mistakes to avoid after a car accident anywhere across northern Alabama.
1. Saying “I’m Sorry” — Even If You Are Just Being Polite
I get it. I’m from north Alabama. We are taught to be courteous. When you are involved in an incident, saying “I’m sorry” feels like the right thing to do — even when you are not at fault. But, after an accident, those two words may be misinterpreted as an admission of guilt.
I’m not telling you to be impolite. If you are able, check-on the others involved in the crash. Of course, be polite. But, be careful that saying you are sorry implies you caused the crash when you didn’t.
Why it matters:
- Alabama follows a legal principle called contributory negligence. It’s an unfair legal principle which means if you are even 1% at fault, you cannot recover for you damages.
- Insurance companies and defense lawyers look for anything they can twist into a partial admission. We advise our clients throughout their medical care, claim and case, concerning this issue.
What to do:
- Make sure everyone is okay.
- Wait for the police.
- Be cooperative but don’t get into a discussion or debate about fault with the other driver.
- Stick to the facts when giving your statement.
2. Not Calling The Police Or Getting A Report Of The Accident
After a fender bender, the other driver may approach you and suggest, let’s “just handle it ourselves.” That might sound like the easiest path in the moment. But skipping the police report can be a huge mistake.
Why it matters:
- Police documentation often contains critical evidence if you file an injury claim.
- You need an official record of the accident. The other driver who offered to cooperate and handle it privately, may change his mind and deny the accident later if no report is generated.
- Insurance companies may deny your version of events without an accident report.
What to do:
- Call the Police Department at the scene (or local police where the accident occurred).
- Get the investigating officer’s name and report number. This helps with getting a copy later.
3. Not Seeing A Doctor Right Away
This is a big issue. It’s an issue I’ve discussed in multiple blog posts. After an accident, you may not even realize the extent of your injuries due to adrenaline. Maybe you are hopeful it’s minor and you’ll quickly improve. Maybe you don’t think you have the time to see doctors. Maybe you are worried about medical costs. I understand these worries. Our law firm works hand-in-hand with our clients to navigate the medical system for their best recovery.
Delay in seeing a doctor can create serious problems for your physical recovery and for your case. Don’t delay medical care!
Why it matters:
- Adrenaline can mask symptoms after a wreck.
- Delays give insurance companies an excuse to claim you weren’t really hurt.
- Delays sometimes result in easily treatable injuries becoming chronic. Don’t take that chance with your health.
- Medical records documenting injuries and care are the foundation of any injury claim.
What to do:
- Get checked out the same day if possible — See an ER, urgent care, or your primary doctor.
- Tell the doctor exactly what happened and describe all your symptoms / injuries, even if you think they are minor.
- Continue with follow-up care.
- Don’t skip appointments. If you must miss an appointment, call the physician ahead of it.
4. Giving A Recorded Statement To The Other Driver’s Insurance Company
After a car crash, you may get a “friendly” call from the other driver’s insurance adjuster. Maybe they tell you they “just need a quick statement.” NO. Don’t do it. Insurance adjusters are trained to be friendly when they need something and they are trained to ask questions that solicit the best answers for them.
Why it matters:
- The insurance company’s goal is to MINIMIZE the payment to you.
- The adjuster is trained to ask questions that help the insurance company.
- Your words can be taken out of context and used against you later.
What to do:
- Politely decline to give a statement at that time.
- Refer them to your lawyer if you have one.
- Only give the basic details (name, date, etc.) to report the claim — no opinions or explanations.
- Get the adjuster’s name and contact information. Tell them you will be back in touch once you have finished your medical treatment.
5. Waiting Too Long To Talk To A Real Lawyer
One of the biggest mistakes we see is waiting weeks or months to contact a qualified personal injury lawyer. Some folks wait too long before talking to anyone. Often, these folks think they will get better with some time or think the insurance company will do the right think.
Other folks call a settlement mill law firm — the kind that uses non-lawyers to sign cases; the kind where you never seem to be able to speak to a lawyer or the lawyer knows nothing about your case; the kind where they just easily settle — insurance companies don’t fear those lawyers. The truth with settlement mills — often you wait too long to speak to a real lawyer who will actually investigate or work your case.
When you wait too long, key evidence may be lost. When you wait too long, key advice may be missed concerning your injuries, care and claim.
Why it matters:
- Witness memories fade and evidence may disappear. You need a lawyer who will investigate and gather the evidence.
- Insurance companies start building their case immediately after a crash. In fact, some trucking insurers even send rapid response teams to the scene immediately. You should be building your case as well!
- The longer you wait, the harder it becomes to build the best case for your full compensation.
What to do:
- Consult a lawyer who understands the local roads, local doctors, and local court system. Otherwise, you won’t get the full representation you need.
At Blackwell Law Firm, we’ve handled cases involving accidents across Limestone County from US-72, I-65, Hobbs Street, Jefferson Street, and other roads throughout the County. Our founding partner grew-up driving Limestone County roads and knows the County well. Over the years, we’ve worked with the local surgeons. We’ve also tried accident cases in Athens and across northern Alabama. Most of all, we believe lawyers need to meet their clients, talk with their clients, understand their clients, and work hand-in-hand with their clients to produce the best case.
BONUS TIP:
Hire a personal injury lawyer, not a lawyer who handles any type of case. I’ve said it many times, a jack-of-all-trades is a master of none. At Blackwell Law Firm, we don’t dabble in divorce, or bankruptcy, or criminal, cases. Each of these areas of the law are unique with different rules, different procedures, and different laws. We focus 100% on serious personal injury claims — And we prepare every case for trial. We devote all our time to personal injury law because we want to be the best possible lawyers for our clients.
Give us a call if you have questions. We are happy to talk for free. We are based right here in northern Alabama. We know the local doctors, roads, judges, and insurance adjusters. All of them know we put our clients and case preparation first!
(256) 261-1315
