Posted by: Kemmy Law Firm
In the minutes and hours after your car accident, you may be overwhelmed by the trauma you just experienced. However, it helps if you can remain calm and collected.
Saying the wrong thing could devastate your chances of recovering the compensation you deserve and getting the most out of your claim. The best thing you can do is consult a car accident lawyer as soon as possible, but you can help yourself by avoiding the following phrases and mistakes after a car crash:
Unfortunately, the insurance company will do everything possible to avoid paying out on your claim. The insurer does so because they will lose money by settling your case. So, if you are going to say anything after an accident, say that you will not make a statement to the insurance company without having a lawyer.
The liable party’s insurance company will likely reach out to you and request a statement. They may even suggest that doing so could speed up getting your settlement. But the amount they offer will likely be far less than what’s fair.
You should always refrain from speaking to the insurance company on your own. The insurance company will record any information you give them, which could later be used against you. You should only agree to a settlement offer after reviewing it with your lawyer. The last thing you want is to be taken advantage of by profit-driven insurers.
One of the worst things you can do after a car accident is to apologize. It makes sense to want to ensure the other drivers are OK and even feel sorry for them if they have suffered severe injuries or vehicle damage.
However, saying “I’m sorry” could infer that you are admitting fault for the accident. Admitting guilt or liability could devastate your ability to recover the compensation you deserve for your damages. Texas follows modified comparative negligence laws with a 50% threshold. If you are found more than 50% responsible for the accident, you will be barred from pursuing your case.
You can also expect your settlement to be reduced in proportion to your percentage of the blame. For instance, if the judge were to find you 15% at fault for the accident, you could expect your injury settlement to reflect a 15% deduction.
Nearly everyone is on social media. However, it would be best if you never said anything about your accident on social media platforms. Even a seemingly innocent photo could be manipulated by the defendant to reduce their financial liability.
For instance, if you post a photo of your injuries or post that you are out celebrating a friend’s birthday in the aftermath of the accident, the defense could argue your injuries are not as severe as you have claimed.
It would be best if you were seen by a medical professional immediately after your car accident. Even if you do not initially feel like you have suffered debilitating injuries, you should never say you do not need a doctor or were not injured.
It is not uncommon for the shock and adrenaline of an accident to prevent you from feeling the full extent of your injuries. Invisible injuries often go unnoticed until your condition rapidly deteriorates. Getting medical attention soon after the accident helps create evidence that can later be used against the liable party to recover the compensation you deserve.
Suppose you’re involved in a seemingly minor accident. In that case, you may be tempted to avoid contacting law enforcement or settling with the liable party instead of filing an insurance claim. This is particularly true if the other driver does not have insurance or is worried about what will happen if police are called to the scene.
You should always report every motor vehicle accident to your local law enforcement agency and never agree to settle without insurance. If the defendant does not have insurance coverage, they should be penalized since Texas law requires all motorists to purchase auto insurance.
There is also no guarantee that the defendant will uphold their end of the deal and cover your costs or ensure you are compensated fairly. You may not fully understand the impact of your car accident at this time. Later down the road, when your car accident injuries become more noticeable and disrupt your life, you wish you had called the police or filed an insurance claim.
If you make a mistake and use one or more of the previously mentioned phrases after your motor vehicle wreck, all hope is not lost. With a reputable Texas car accident lawyer at Kemmy Law Firm, you can still seek all the compensation you deserve and hold the liable party accountable.
Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.
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.