What Mistakes Should You Avoid After a Car Accident?

A man in a blue shirt sitting in a red car clutching his lower back in pain, representing why seeking medical care is vital to avoid mistakes after car accident injuries occur.

The moments following a car accident are critical, not just for your health but for preserving your right to pursue compensation. It’s not just about what you should do after a car accident, but oftentimes, what you shouldn’t do that can sometimes matter more.

In this guide, we’re answering the common question: What mistakes should you avoid after a car accident and more importantly, why they matter.

Not Calling the Police

In New Jersey, all drivers involved in a car accident that resulted in injury or property damage exceeding $500 are required to call the police. However, what about accidents where you don’t think any injuries are sustained? Serious injuries, including to the head, back, and neck (as well as those that are internal) can still be sustained even in “minor” fender benders. Because adrenaline often masks the severity of injuries immediately following an accident, many drivers think they’re okay not calling police to the scene.

However, it’s a big mistake and here’s why: When police arrive at the scene of an accident, they generate what’s known as a police report. This police report not only details what happened but it serves as proof that the accident occurred. This is often a huge piece of evidence that helps connect your injuries to the accident, even if they appear in the following days or weeks.

Admitting Fault, Even Accidentally

After an accident, it’s normal to say something like, Sorry, I didn’t see you or I’m so sorry. These are natural instincts following a collision. However, in the legal world, these natural phrases are actually omissions of guilt and this can be used against you. Even if you believe you contributed to the crash, a formal investigation needs to be completed because there may be other factors you’re unaware of.

At the scene, avoid apologizing or admitting fault and just stick to the facts. Swap contact and insurance information with the other driver and let your lawyer handle the rest.

Not Getting Medical Care

Waiting to get medical care is one of the biggest mistakes you can make following a car accident. As mentioned above, some injury symptoms may not present themselves right away. Not being medically evaluated can worsen your condition. However, any lags in treatment also sends a signal to the insurance company that you must not be as badly injured as you claim.

Insurance companies look for delays in treatment and will even argue that your injuries were caused by something else. To them, if your injuries were connected to the accident, why wouldn’t you seek immediate medical care?

You can combat this by visiting your local emergency room immediately following your accident. Doing so not only ensures your physical well-being, but it formally documents your injuries.

Failing to Document the Scene

Along with failing to get medical care, another mistake to avoid is failing to document the scene. Evidence disappears quickly. At the scene of the accident (and if you are able to do so), take photos and videos of the damage to all the vehicles involved, the position of each car, any debris or shattered glass, your visible injuries, skid marks, and nearby traffic signs. Additionally, get the names and contact information of any witnesses or nearby businesses that had noticeable surveillance footage that may have captured the accident.

Failing to document the scene makes it harder to piece together exactly what happened. In short, documenting the accident scene is a critical component of having an airtight claim.

Trusting Your Insurance Adjuster

Following the crash, you will likely get a phone call from the other driver’s insurance company. On the surface, the insurance adjuster likely seems sympathetic, asking how you are and telling you that they want to get your side of the story and resolve the matter quickly. However, this is a tactic.

Insurance adjusters aren’t concerned with your well-being. They’re concerned with protecting the insurance company’s bottom line. Saying I’m okay when they ask how you are can be used to claim you don’t have any injuries. Remember, you don’t have a legal obligation to speak directly with the other driver’s insurance. That’s what your personal injury attorney is for.

Waiting Too Long to Contact a Personal Injury Lawyer

One of the biggest mistakes you to avoid after a car accident is waiting too long to call a lawyer. In New Jersey, car accident victims only have two years from the date of injury to pursue a personal injury claim. Once that window closes, so does your ability to collect compensation.

Additionally, waiting too long to call a lawyer can also put your claim at risk. Remember, evidence disappears and witness memories fade. To ensure your claim can go off without a hitch, contact an attorney as soon as you can following the accident.

Were You Injured in a New Jersey Car Accident? Call Drazin and Warshaw to File Your Personal Injury Claim

The moments following a car accident are often stressful and overwhelming. Between mounting medical bills and your ongoing recovery, there’s too much on your plate to handle alone. Thankfully, you don’t have to. The personal injury lawyers at Drazin and Warshaw have decades of experience representing car accident victims throughout the state, including Re d Bank, Brick, and Westfield. We understand the common tactics insurance companies use to deny claims and are here to counter them.

Don’t wait another minute. Call Drazin and Warshaw at 732-333-8141 or fill out our online contact form to schedule a free consultation. We’re here to help you on your road to recovery.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.