Five Things You Should Never Do After an Accident

Being seriously hurt at work or in an accident involving a car, truck, motorcycle, or other situation can turn your world upside down. It can be hard to figure out what to do to protect yourself and help your recovery because things happen very quickly, and you can easily be overwhelmed. Sometimes it’s easier to focus on the key things to avoid rather than trying to remember all the things you should do.

After more than 40 years of helping accident victims get the full compensation they deserve for their pain, suffering, and other aspects of their injuries, the team at Martin & Jones has learned effective techniques for securing damages. We’ve also seen numerous examples of what not to do after an accident. Avoiding these five actions can help prevent you from taking a step that could seriously harm your recovery efforts.

Don’t Say ANYTHING That Could Be Taken as an Admission of Fault

We’ve all heard the adage, “If you can’t say something nice, don’t say anything at all.” After an accident, a similar rule applies. If you can’t say something safe, don’t say anything.

One of the worst things you can say is “I’m sorry.” Unfortunately, it’s a phrase that comes out automatically when people are trying to be sympathetic or polite. We say it when we mean, “I’m sorry you have to suffer,” or “I’m sorry things worked out this way.” Saying we’re sorry is frequently not an admission of fault at all. But it can be taken that way, and for that reason, you need to avoid saying it.

Even accident victims who have suffered catastrophic injuries usually need to be prepared to demonstrate that someone else’s negligence, recklessness, or deliberate wrongdoing caused the accident. Causation is a huge issue. Insurance companies and defense attorneys will fight tooth and nail to prove that someone other than their client caused the accident and is liable for the harm that resulted from it. If they can demonstrate that you said “I’m sorry” or anything that could be argued to be an assumption of guilt, they will use that to “prove” that you’re liable for the accident. You must be cautious about what you say, not only at the accident scene but also in any interactions with investigators or insurance company representatives later on.

Don’t Wait to Get Medical Care

People get embarrassed about riding in an ambulance or making a “fuss” after an accident. Sometimes they worry about the expense of going to the hospital. Other times, they don’t realize that they’re injured because the adrenaline flooding through their system after the accident hides symptoms like pain. So they wait, and then when they start to feel bad, they wait longer, hoping they’ll feel better later. This presents a significant issue for two reasons.

First, refusing to get prompt medical care after an accident can put your health at serious risk. You could be suffering from internal bleeding or brain damage that is getting steadily worse the longer you try to ignore it. It is always a good idea to consult a doctor after an accident, and to let them know that your body has been subjected to the trauma you experienced.

The second reason you should not wait to seek medical care is that it gives the insurance company another reason to deny your injury claim. They will argue that if you’d been seriously hurt, you would have gone to the hospital, so they will say that the fact that you did not proves you weren’t injured. Or if you wait a while to see the doctor, they will argue that something else is responsible for your injuries—something that occurred later that is your own fault.

Don’t Give the Insurance Company a Recorded Statement

Insurance companies are often described as wolves in sheep’s clothing. In fact, they’re like wolves dressed up as your best friends. They try to give the impression that they want to help you. Their representatives act sympathetic. They try to establish a friendly rapport with you and engage you in conversation. All the while, they are trying to get you to say something they can use against you later to deny liability or reduce the value of your claim.

The worst thing you can do is to make it easy for them by allowing them to record your conversation or to provide a verbal or written statement. While you don’t need to be rude, you also don’t need to engage. Your attorney can advise you about what to say. Or, better yet, you can allow your attorney to handle all communications with the insurance company while you relax and focus on your recovery.

Don’t Accept a Settlement Until You Have All the Facts

While insurance companies like to defeat claims by proving that their client was not liable for causing the accident, that effort takes time, and therefore, it costs them some money. Often, they can save the most money by convincing accident victims to accept a small settlement right at the beginning. Accident victims often think they’ve “won” when they’re offered a settlement, and the insurance company may point out that if they accept the early settlement, they don’t need an attorney and they’ll save on legal fees. 

What they won’t tell you, however, is that the amount they’re offering is likely far less than your claim is actually worth. They also will not tell you that when you accept the settlement, you forfeit your right to further legal action. If it turns out that your injuries have long-term consequences that require costly care or that will prevent you from working in your profession, you can’t go back and seek additional compensation later. You are stuck.

Before accepting a settlement to end your claim, you need to have a complete understanding of what your claim is worth based on legal precedent. This includes having knowledge of the full long-term impact of your injuries and your future needs. An experienced personal injury lawyer can analyze the details of your situation and provide an estimate that you can compare with the offer from the insurance company. Then, you can make an informed decision about whether to accept the offer, continue negotiating, or take the case to court.

One Thing You CAN Do is Call Martin & Jones After an Accident

It is never too soon to seek legal advice after an accident. A dedicated personal injury attorney at Martin & Jones can advise you about the steps to take to protect your rights and preserve your claim. If we are unable to assist with your case, we can explain why and direct you to resources that may help.

Consultations are completely free, and once we start working with you, you pay no legal fees until we have recovered compensation on your behalf. If you or a loved one has been injured in an accident, call us at 800-662-1234 or contact us online now to schedule your free consultation.