Most people have no clue what to do after a car accident.
They panic. They forget important steps. And worst of all… they make serious legal mistakes that cost them thousands in the insurance claim negotiation process.
These mistakes are not minor. One wrong decision can ruin your insurance claim after a collision. Insurance companies know drivers make these mistakes… they thrive on it.
Here’s the issue:
The average driver will be involved in a car accident every 18 years. Insurance adjusters negotiate claims every day. That asymmetry of knowledge puts car owners at a severe disadvantage when it comes time to negotiate a fair settlement.
The good news is that you can avoid these mistakes.
What you’re about to learn:
- The three legal mistakes that can sabotage your insurance claim
- How insurance companies weaponize your words against you
- 4 Ways to protect your claim starting day one
- How to know when you need professional legal help
The 3 Legal Mistakes That Can Sabotage Your Claim
The hours and days after an accident are hectic. Stress levels are high. Emotions are heightened. But did you know that the steps you take after an accident can completely strengthen or weaken an insurance claim?
Mistake #1: Not gathering evidence
Some drivers simply leave the scene without gathering enough evidence. Pictures of the damages to each vehicle, tire marks on the road, nearby road signs, or even the weather conditions can be used as valuable evidence. Without it, your claim becomes your word against the other driver’s word.
You know who loves that scenario? Insurance companies.
Mistake #2: Accepting blame or fault at the scene
Even saying “sorry” at the scene of the accident can be used as evidence to fight your claim later on. Insurance adjusters are looking for any opportunities to place fault on the policy holder. If you suspect you may be at-fault, it’s always a good idea to let the police report and evidence do the talking.
Mistake #3: Skipping your doctors appointment
Wait… what? Yes, many injuries resulting from a collision are not apparent right away. Injuries such as whiplash, concussions, soft tissue damages are not always immediately obvious. Failing to visit your doctor not only gives the insurance company grounds to argue that your injuries were not serious, but also that they may not be from the accident itself.
A trusted Oklahoma car accident attorney will tell you that the number one mistake their clients make is not seeking immediate medical attention after a collision. It casts doubt on your injuries from the start.
How Insurance Companies Weaponize Your Words Against You
Here’s a little fun fact most people don’t know…
Insurance companies do not care about you. Their job is to settle claims for the least amount of money possible. And they have whole strategies dedicated to making that happen.
Providing a recorded statement
You will likely be asked to provide a “recorded statement” to your insurance company a few days after the accident. While this may seem harmless, it’s actually one of the oldest tricks in the book.
They will ask leading questions to try and get you to say something that could lower the value of your claim. Even saying “I feel good today.” can be used against you to justify your injuries were not that serious.
Low ball settlement offers
Another quick trick insurance companies love? Making you a settlement offer before the injuries have even been evaluated. It seems counter-intuitive, but these initial offers typically undervalue your claim by a large margin.
Recent studies by the Insurance Research Council show that one in three drivers were under insured or uninsured. Meaning if you were in an accident with an at-fault driver, their insurance may not cover all the damages. Dealing with an uninsured driver makes an insurance claim negotiation even more difficult.
How To Protect Your Insurance Claim Starting Day One
There is a right way and a wrong way to handle your claim. And the right way to protect your claim starts on day one.
Create a strong foundation. Take pictures and gather evidence at the scene. Collect contact information from witnesses and write down your recollection of events.
See a doctor, NOW. Don’t ignore any pain that you’re feeling. Not only is this important for your health, but seeing a doctor right away ties your injuries to the collision.
Stop posting on Facebook. Believe it or not, insurance companies will troll through your social media accounts. They are looking for reasons to prove your injuries were not that bad. A picture of you out with friends or status update saying “I feel better today.” can come back to haunt you.
Keep track of expenses. Every little thing matters. Medical bills, lost wages from work, rental car, pain medication… you name it. If it’s an expense you wouldn’t have incurred had you not been in a collision, make sure you keep track of it.
Every step you take during your claim can and will be used against you during negotiations. Make sure you’re doing more good than harm.
When To Hire Professional Legal Help
Contrary to popular belief, you do NOT need a lawyer to file an insurance claim. In fact, if you were in a minor accident with no injuries, you may be fine representing yourself.
But that is only if…
You know the true value of your claim. You know your rights as a driver and policy holder in Oklahoma. More often than not… you do not.
Here are some scenarios where having legal representation is absolutely necessary:
- Serious injuries are involved that may require future medical treatment
- Insurance company is denying your claim or refusing to pay fault
- Underinsured or uninsured driver was at fault
- Insurance company low balls you with an initial settlement offer
- Multiple vehicles were involved in the collision
Statistics from CCC Intelligent Solutions showed that the average bodily injury payout in 2024 was $27,373. If insurance companies can settle claims for less than that, they will.
Hiring an attorney to handle your insurance claim negotiation drastically shifts the power in your favor. Insurance companies have negotiation tactics, lawyers have negotiation tactics. You want your attorney to know the true value of your claim and to fight for what you deserve.
As you can imagine, people who represent themselves typically settle for less than they should because they simply do not know what their claim is worth.
Wrapping Things Up
ICYMI, making avoidable legal mistakes after a collision can cost you money. But they don’t have to.
Insurance companies have spent decades perfecting their claim negotiation process. They have stacks of money on their side. All you need is knowledge.
To recap: avoid these common mistakes and you’ll be on the right path to a fair settlement.
- Document everything
- See a doctor immediately
- Don’t give a recorded statement to your insurance company
- Don’t accept early settlement offers
- Hire a lawyer if your claim involves serious injuries
The odds are stacked against you, but that doesn’t mean you shouldn’t fight for what you deserve.
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