Getting into a car accident can be overwhelming, especially in New York, where strict traffic and insurance laws often dictate how you can seek compensation. Unfortunately, many people unintentionally make errors that can hurt their chances of obtaining fair compensation.
This FAQ dives into the most common car crash errors people make after an accident, helping you understand what to avoid and why.
If you still have questions after reading this guide, reach out to us at the CEO Lawyer Personal Injury Law Firm. We’re here to help you make the right choices after an accident.
What Should I Do Immediately After a Car Accident?
After a car accident, the initial steps you take can significantly impact any future insurance claims or potential lawsuits. Here’s what you should do right away:
- Ensure Safety First: Check if anyone is injured and call 911 for immediate medical assistance if needed.
- Document the Scene: Take photographs of the vehicles, surroundings, any visible damages, and road conditions.
- Collect Contact Information: Obtain names, phone numbers, and insurance information from the other driver(s). Don’t forget to gather witness information if available.
- Report the Accident: Always call the police and make sure a report is filed, especially in New York, where failure to report can create complications with insurance claims.
- Consult a Medical Professional: Even if you don’t think you’re hurt, it’s crucial to see a doctor. Some injuries, such as whiplash, may not have immediate symptoms but can lead to long-term complications.
Avoiding these post-accident mistakes and focusing on careful documentation will help protect your claim.
What Are the Most Common Mistakes People Make at the Accident Scene?
Here are frequent common accident claim errors people make at the scene of an accident:
- Admitting Fault: Even casually apologizing could be interpreted as an admission of fault. Instead, stick to the facts when talking to other drivers, the police, or witnesses.
- Not Calling the Police: A police report is a vital document for any accident claim. In New York, you’re legally required to report accidents involving injuries or damage over $1,000. Without it, you risk jeopardizing your claim.
- Failing to Take Photos: Without solid evidence of the accident’s impact, it’s your word against the other driver’s. Photographs provide concrete evidence, so don’t forget to document everything possible.
- Leaving the Scene Prematurely: Under New York law, leaving an accident scene before exchanging information or waiting for the police can lead to criminal charges. Be sure to remain at the scene until you’re cleared to leave.
What Legal Mistakes Do People Make After an Accident?
Understanding New York laws around car accidents can help you avoid critical legal mistakes:
- Not Contacting a Lawyer Quickly Enough: If you’re in an accident, it’s wise to consult with a personal injury attorney early on. Attorneys help you understand your rights and avoid pitfalls that could weaken your case.
- Speaking to Insurance Adjusters without Legal Guidance: Insurance adjusters may contact you soon after the accident, often asking for recorded statements. Avoid discussing specifics without legal representation, as statements can be used against you.
- Not Filing Within New York’s Statute of Limitations: In New York, you generally have three years to file a personal injury lawsuit following a car accident. Missing this window could prevent you from pursuing compensation entirely.
What Are Common Medical Mistakes People Make Post-Accident?
Taking your health seriously after an accident can make a difference in both your recovery and your claim. Here are some frequent post-accident mistakes related to medical care:
- Delaying Medical Attention: Immediate medical care provides documentation of any injuries directly related to the accident. Delays can make it harder to prove that the injuries were caused by the accident.
- Failing to Follow Up with Treatment: Follow all recommended treatments, including physical therapy or specialist visits. Insurance companies often deny claims if they see you didn’t follow through on prescribed care, assuming your injuries weren’t severe.
- Ignoring Minor Symptoms: Even minor aches can signal underlying injuries, such as soft tissue damage. Document all symptoms to create a clear link to the accident in case they worsen.
How Can Not Documenting Financial Losses Impact a Claim?
It’s common to overlook the financial side of recovery, but thorough documentation is essential to maximize your claim.
- Missing Wage Documentation: If you can’t work due to accident injuries, lost wages can be part of your claim. Keep track of missed workdays, pay stubs, and any correspondence from your employer.
- Overlooking Medical Expenses: Keep all bills, from ER visits to medication and physical therapy costs. These records validate the medical costs related to your injuries.
- Not Tracking Miscellaneous Costs: Costs like transportation to medical appointments or adaptive equipment are often overlooked but can be added to your claim.
What Mistakes Do People Make When Dealing with Insurance Companies?
Interacting with insurance companies can be tricky, and missteps can harm your claim.
- Accepting the First Settlement Offer: Insurance companies often start with low offers to minimize payouts. Speak to an attorney before accepting any offers; they can often negotiate a better settlement.
- Providing a Recorded Statement Too Soon: New York law doesn’t require you to provide a recorded statement to the other driver’s insurance. Stick to the facts, and never provide statements without consulting a lawyer.
- Failing to Review Your Policy: Knowing what your policy covers and any limitations is crucial to avoid surprises. An attorney can help you understand the policy’s fine print if necessary.
How Can Social Media Posts Impact My Claim?
Social media is frequently overlooked, but it’s a critical factor in accident claims.
- Posting Accident Photos or Updates: Anything posted online can be accessed by insurance companies or attorneys, who may use it to argue your injuries aren’t as severe as claimed. Avoid posting anything about the accident until your claim is settled.
- Engaging in Physical Activities Publicly: If you’re claiming injuries yet post photos of yourself engaging in sports or strenuous activities, it can be used against you. Refrain from sharing these types of posts until after your case concludes.
What Are Mistakes in Estimating Property Damage?
Understanding the extent of your vehicle’s damage is vital in determining fair compensation.
- Accepting the Insurance Adjuster’s Estimate Without a Second Opinion: Get a repair estimate from a reputable mechanic to ensure the adjuster’s estimate is accurate. This step can be key to covering the actual repair costs.
- Overlooking Long-Term Car Issues: Some issues, like alignment problems or frame damage, might not show up immediately but can lead to significant expenses down the line. Mention all concerns when discussing the claim with your attorney or the insurance company.
How Can Not Knowing New York’s No-Fault Insurance Laws Hurt My Case?
New York follows a no-fault insurance model, where each driver’s insurance is tasked with covering their own injuries and damages, irrespective of who caused the accident. However, there are exceptions to this rule.
If an individual suffers serious injuries or significant financial losses, they may have the option to seek further compensation. Understanding these nuances can help you avoid frequent mistakes in accident claims, such as:
- Ignoring the Serious Injury Threshold: If injuries are minor, your claim may be limited to your personal insurance policy. Severe injuries, however, may allow you to pursue a lawsuit. An attorney can evaluate your injuries to determine if they qualify.
- Overlooking Insurance Deadlines: In New York, you generally must notify your insurance company within 30 days after an accident to access no-fault benefits. Failing to report promptly can disqualify you from certain benefits.
What Should I Do if I Think I Made a Mistake Already?
If you realize you’ve made one of these mistakes, there’s still hope. Here’s what you can do:
- Contact an Attorney Promptly: A New York car accident lawyer can help you assess the situation and determine the best course of action.
- Gather Any Remaining Evidence: If you missed gathering some details, try to document as much as possible now. Witnesses, repair estimates, or medical records can sometimes be added later with the right guidance.
What Are Mistakes People Make in Gathering Witness Information?
Witnesses play a crucial role in supporting your account of the accident, but many people overlook or mishandle this step.
- Failing to Speak to Witnesses Immediately: People often assume witnesses will come forward if needed. However, memories fade quickly, so it’s best to speak with witnesses at the scene to document their observations.
- Not Collecting Detailed Contact Information: Get names, phone numbers, and, if possible, a brief statement of what they saw. Witnesses can move or change numbers, so it’s essential to gather this information immediately.
- Overlooking Bystanders as Potential Witnesses: Don’t limit yourself to drivers or passengers. Pedestrians, store employees, or nearby residents who observed the incident can be valuable witnesses, too.
Witness accounts can make a substantial difference in supporting your claim, so gathering reliable information early can strengthen your case if disputes arise later.
Protect Your Rights After a Car Accident
If you’ve been in a car accident, avoid common mistakes by seeking professional guidance. Contact the CEO Lawyer Personal Injury Law Firm at (516) 689-1132 for a consultation.
Our experienced attorneys understand New York’s accident laws and can help you navigate every step of your case. We’re here to protect your rights and ensure you receive the compensation you deserve.
