Car Accidents

6 Common Mistakes to Avoid after a Car Accident

Posted by: Kemmy Law Firm

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Car accidents can be a traumatic and overwhelming experience, leaving victims unsure of how to navigate what comes next with your insurance claim and legal rights. However, avoiding common mistakes is crucial in ensuring the best possible outcome for your case.

As a leading personal injury law firm that has handled numerous car accident cases across Texas, we’ve witnessed firsthand the impact these mistakes can have on an individual’s ability to recover compensation and move forward. Here are five common mistakes to avoid after a car accident and guidance on how to protect your rights and interests.

#1: Failing to Seek Medical Attention

One of the most critical steps to take after a car accident is to seek immediate medical attention, even if you think your injuries are minor. Some injuries, like whiplash or internal bleeding, may not present symptoms right away.  Documenting your injuries is vital for your insurance claim and any potential legal proceedings.

If you delay medical treatment, you not only jeopardize your health but also weaken your potential claim. Insurance companies may argue that your injuries were not severe or even related to the accident if there’s a gap in treatment. A thorough medical examination will document your injuries, providing crucial evidence for your claim.

#2: Not Reporting the Accident

Another common mistake is failing to report the accident to the appropriate authorities. The police report serves as an official record of the incident and can provide valuable evidence in support of your case. Without this report, it becomes your word against the other driver’s, making it much more challenging to prove your case.

Additionally, in Texas, you are legally required to report any accident that results in injury, death, or property damage exceeding $1,000.  Neglecting to file a police report can have serious consequences, including the potential for criminal charges and difficulties with your insurance claim. Always call the police to ensure you have the necessary documentation, even if the accident seems minor.

#3: Admitting Fault

In the moments following a car accident, it’s natural to feel flustered and upset. You might even find yourself apologizing to the other driver, even if the accident wasn’t your fault. However, admitting fault or apologizing can be a costly mistake.

In the legal context, these statements can be used against you as an admission of guilt, potentially reducing your compensation or absolving the other party of liability. Instead, stick to the facts when speaking to the other driver, the police, or insurance companies. Avoid discussing fault entirely and let the investigation determine who was responsible.

#4: Accepting the First Settlement Offer

When dealing with insurance companies, they commonly offer a quick settlement, which may seem tempting in the aftermath of a car accident. However, it’s essential to resist the urge to accept the first offer, as it is unlikely to fully compensate you for your losses.

Insurance companies often lowball their initial offers, hoping you’ll accept without considering the true value of your claim. Consulting with a personal injury attorney can help you understand the full scope of your damages and negotiate a fair settlement.

#5: Delaying the Claims Process

Time is of the essence when it comes to pursuing your car accident claim. Delays in the claims process can make it more difficult to gather evidence, obtain witness statements, and meet important deadlines.

Insurance companies may also use delays as a tactic to minimize their liability or to pressure you into accepting a lower settlement. It’s crucial to act promptly in filing your claim and providing the necessary documentation to ensure your case is handled in a timely and efficient manner.

#6: Not Gathering Sufficient Evidence

Failing to gather sufficient evidence at the accident scene is another critical mistake. The more evidence you collect, the stronger your case will be. This includes taking photos of the vehicles, road conditions, traffic signs, and any visible injuries. If there are witnesses, ask for their contact information and a brief statement.

Evidence like this can be crucial in proving fault and the extent of your damages. Additionally, document any conversations you have with the other driver or witnesses, as these details can be important later on. The more thorough you are in collecting evidence, the better your chances of securing a favorable outcome.

Another Big Mistake: Waiting to Call a Car Accident Attorney

To avoid these common mistakes and ensure the best possible outcome for your car accident case, it’s essential to take proactive steps. Texas has a specific statute of limitations for personal injury claims, meaning you have a limited time to file a lawsuit.

Contacting an experienced personal injury attorney as soon as possible is crucial. An attorney can help protect your rights, gather evidence, negotiate with insurance companies, and represent your interests throughout the legal process.

Call Kemmy Law Firm for Help after a Car Accident in Texas

Car accidents can be a daunting and stressful experience, but by avoiding these five common mistakes, you can protect your rights and increase your chances of a favorable resolution.

Kemmy Law Firm has decades of experience helping victims of car accidents in Texas heal and move forward from their injuries and losses. We can guide you through the legal process, negotiate on your behalf, and fight to secure the compensation you deserve

Call 210-750-1019 today or contact us to schedule a free consultation.

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When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.