Car accidents happen in the blink of an eye. Studies put drivers’ reaction time at about an average of 1.5 seconds
But immediately after the crash, your body reacts by going into a heightened state to protect itself. This is called “fight or flight.” Many times people feel that they are not injured because of the amount of adrenaline pumping through their body. This is the body’s natural way of trying to protect itself.
The shock of the accident (even minor ones) along with potential injury and other variables, leave us feeling scrambled. It is very easy to think we are operating at full capacity, but it is most likely that we aren’t. Some of these things can actually lead to car accident injury claims being reduced or even denied despite being a simple mistakes. Here are several mistakes that drivers make after being in a car wreck and what to do to maximize your injury claim.
1. Failing to call the police
This should be one of the first things you do after a car accident. Documenting that the accident actually occurred is an extremely important step when filing your claim with the insurance company. A police report will serve as documentation that the accident happened. And if you’re not at fault, it can also support that the other party was negligent. You’d be surprised to hear how often someone causes an accident, convinces them not to call the police, and says their insurance will take care of it. Then they either don’t call insurance or completely change their story. Even if the accident is minor, you want a record of it.
2. Not taking pictures of the scene, cars, injuries, and information
Obviously, if you’re injured and on your way to the hospital, this can’t be done. However, if the injuries are relatively minor, you’ll be standing around for some time waiting for the police to arrive. With smartphones always having cameras, this is something you can do that is extremely beneficial to any auto accident claim.
You’ll want pictures of the entire accident scene (before anyone moves anything, if possible), the damage to ALL vehicles, any injuries, and driver/witness information. You’ll want to take as many pictures as you can. Include the entire scene like traffic lights, stop signs, road markings, ski marks, and obstructions. It’s also easier to take pictures of people’s driver’s licenses and their insurance information. You will need this when you speak with your own insurance to move forward with getting your car fixed. The police will tell you they’ll have it in the police report within 24 hours, but they can take up to a month.
Make sure you get pictures of all the vehicles involved, not just your own. Take pictures of the vehicles from different angles as well. Another important tip is that if someone is with you, have them open the door and take a picture of how you were sitting during the accident. This can be done at the scene or return to the scene the next day. This is very important if your car accident lawyer has to hire an accident reconstructionist. It can explain why or how you were hurt at a lower speed, especially if your head was turned or body was out of position. Additionally, if your head and headrest are separated by more than 4 inches, a neck injury is much more likely in a rear-end collision .
3. Failing or waiting to seek immediate medical attention
This is absolutely critical to any car accident injury claim. The police are called to the scene to document that the accident actually occurred. Seeking immediate medical attention documents that your injuries are from the accident. Because of the adrenaline, many people don’t think that they’re injured. They think “oh it was a minor accident, I’ll be fine after a few days.” DO NOT think this way! This is exactly what the insurance company wants you to do. Even if you wait a week, the insurance company will use any excuse they can to deny your claim. They already have enough tricks like delaying, recording you and using it against you, and making you think they’re on your side .
Many people believe that medical care will be too expensive and this keeps them away. However, there are options for people who don’t have medical insurance. It’s also possible that your car insurance policy has Medical Payments (MedPay) coverage . Don’t let these things deter you from seeking immediate medical care. Your health is the most important thing. If you wait too long, it’s possible that your injuries will get worse and to compound that, the insurance company may deny coverage because of your delay. If you don’t see a doctor or other medical professional, you will not get anything for your injuries (27) and you will not be able to claim pain and suffering damages .
4. Failing to report ALL injuries to your doctor as soon as you can
Sometimes injuries won’t show up until weeks after a car accident. Just because it took some to develop doesn’t mean you’re being “shady.” This is normal. The adrenaline from the shock of the accident must subside, inflammation will develop, and then the pain sets in. There also may be a more painful injury you’ve been focused on that distracts you from other injuries. Maybe your knee has been in excruciating pain, but as that goes away you notice your back. Insurance companies say that victims “make up” these additional symptoms because they were reported later on. Don’t wait to mention things to your doctor as soon as you feel them.
5. Not realizing how hard insurance companies will fight to diminish the value of your claim or deny it
Once a car crash occurs and it’s reported to the insurance company, a well-oiled machine goes into place. An adjuster is placed on to your claim. Adjusters are trained negotiators with policies and procedures in place to make the insurance company money. These companies don’t make money by overpaying for claims. Adjusters work claims day in and day out. They know all the tricks, they know what to ask for, and how to make sure you aren’t paid as much as you should be. Don’t let them fool you with their tricks and wrongfully reduce your damages . Each company has policies and procedures in place to make it very difficult for you to get moderate value for a legitimate claim—especially without a car accident attorney helping you.
6. Letting the insurance company make you think you don’t need a car accident lawyer
Most people feel guilty or bad about getting an attorney after a car accident. It makes them feel like they’re trying to take advantage of the situation. Trust me, you aren’t! If someone was negligent and cause you injuries, there is absolutely no reason you should feel bad for seeking compensation to pay for what you went through. Insurance companies know this and they prey on it. There is no cost to speaking with a lawyer who handles injuries resulting from car wrecks. Take them up on it and speak with them to see what your options are. Don’t give in to another way the insurance company can hurt your claim.
If you were injured in a car accident, we can help you determine your options. We offer free case evaluations over the phone, in person, on our website, and by email. You can reach us at (916) 619-5452, online, or by email at info@hanecaklaw.com.
