If you’ve been in a vehicle accident in Los Angeles, chances are you’ve gotten a lot of advice about what to do next. Maybe this advice comes from friends or family members, or maybe you did a quick online search for what to do.
But we’re going to tell you what not to do.
There are some common mistakes you should avoid after a vehicle collision, but as we review these, keep in mind that even if you did make one of these errors, you may still have a valid claim. Please speak to a Los Angeles car accident attorney about your case before making any decisions.
1. Failing to Seek Immediate Medical Attention
One of the most critical mistakes after a car accident is not seeking medical care right away. Many injuries, such as whiplash, concussions, or internal injuries, may not show symptoms immediately. Ignoring the need for medical attention can result in serious health consequences and weaken your claim, as insurers might argue that the injury was not caused by the accident.
- Tip:Â Even if you feel fine, it is best to see a healthcare provider immediately after the accident. Documentation of any injuries is so important for both your health and your claim.
2. Not Calling the Police or Filing an Accident Report
In California, it is mandatory to report vehicle collisions that result in injury or property damage of more than $1,000. Failing to call the police or file a report can harm your case, as this documentation serves as crucial evidence. A police report provides an objective account of the incident and often includes information about the other driver, witnesses, and accident conditions.
- Tip:Â Always call the police and file an accident report, no matter how minor the accident may seem. The official record can be invaluable for your insurance claim or any potential lawsuit.
3. Admitting Fault at the Scene
Immediately after an accident, emotions can run high, and it may be tempting to apologize or admit fault, even if you aren’t sure exactly what happened. However, statements made at the scene can be used against you later. California follows a comparative negligence rule, which means admitting any fault could reduce your compensation.
4. Not Gathering Evidence at the Scene
Failing to collect evidence at the scene is a common error that can complicate your claim. Important evidence, such as photographs of the vehicles, road conditions, and contact information of witnesses, can be lost if not gathered immediately.
- Tip:Â If possible, use your phone to take photos of the accident scene, vehicle damage, injuries, and surrounding conditions. Obtain the names and contact information of witnesses, as their statements can support your case.
5. Waiting Too Long to File an Insurance Claim
Another common mistake is delaying the filing of an insurance claim. California law requires claims to be filed within a specific timeframe, and failing to do so can result in the denial of your claim. Promptly reporting the accident to your insurer helps ensure that your claim is processed without unnecessary delays.
6. Providing a Recorded Statement Without Legal Advice
Insurance adjusters often request a recorded statement after an accident, but they are trained to minimize payouts. Providing a recorded statement without consulting an attorney first can lead to misstatements that may be used against you.
- Tip:Â Politely decline giving a recorded statement until you have spoken to an attorney. A lawyer can guide you on what to say and help ensure your rights are protected during any interactions with insurers.
7. Accepting the First Settlement Offer
Insurance companies often make quick settlement offers to close cases at minimal expense. These offers typically do not account for the full extent of medical bills, lost income, or other long-term costs associated with the accident. Accepting the initial offer may leave you with less compensation than you need.
8. Not Documenting Your Medical Treatment and Expenses
Keeping thorough records of your medical treatments, medications, and expenses is crucial for calculating damages. Without proper documentation, it becomes challenging to recover compensation for all accident-related costs.
- Tip:Â Save copies of all medical bills, treatment records, and receipts for out-of-pocket expenses. Documentation strengthens your case and ensures you can seek reimbursement for all accident-related costs.
9. Assuming Minor Injuries Will Resolve on Their Own
Often, individuals assume minor injuries will heal without medical intervention. However, untreated injuries can worsen over time, leading to increased medical expenses and long-term issues that could have been avoided.
- Tip:Â Follow through with all medical treatment recommendations, including follow-up visits and prescribed therapies. Consistent care protects both your health and the integrity of your claim.
10. Failing to Contact a Car Accident Attorney
Navigating an accident claim on your own can be challenging, especially when dealing with insurance companies or complex injury claims. Failing to consult with an attorney can result in missed opportunities for full compensation and legal protection.
