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5 November 2024

Top 10 Mistakes People Make After A Car Accident And How To Avoid Them

Boland Romaine LLP

Contributor

Boland Romaine Personal Injury Lawyers is one of Ontario’s most respected injury firms with over 40 years of trial experience. Voted as one of the top 10 personal injury firms by Canadian Lawyer Magazine, Boland Romaine’s lawyers have represented the province’s most vulnerable injured victims in court and won.
Car accidents are sudden, overwhelming events that can leave even the calmest individuals feeling shaken and uncertain. In the immediate aftermath of an accident...
Canada Litigation, Mediation & Arbitration

Car accidents are sudden, overwhelming events that can leave even the calmest individuals feeling shaken and uncertain. In the immediate aftermath of an accident, it's easy to make mistakes that could impact your health, finances, and legal rights. To help you navigate this stressful time, we've compiled a list of the most common mistakes people make after a car accident—and how to avoid them.

1. Leaving the Scene Too Soon

One of the biggest mistakes you can make after an accident is leaving the scene too quickly, especially if there are injuries or significant property damage involved. Leaving the scene without exchanging information or contacting authorities can complicate insurance claims and could even result in legal penalties.

What to Do Instead: Remain at the scene until you've exchanged contact and insurance information with the other driver(s), taken photos, and filed a police report if necessary. Leaving prematurely can hurt your case later, especially if the other driver files a report or claim against you.

2. Failing to Call the Police

Some people skip calling the police after an accident, especially if it appears minor. However, a police report provides an unbiased record of the incident, which can be crucial for insurance claims and legal matters.

What to Do Instead: Always contact the police after an accident, no matter how minor it seems. A police report will document details such as the names of the drivers, witness statements, road conditions, and an initial assessment of fault, which can all be valuable later on.

3. Not Seeking Medical Attention Right Away

It's common for people to underestimate injuries after an accident, especially if they don't feel immediate pain. However, some injuries, like whiplash or concussions, may not show symptoms until hours or even days later.

What to Do Instead: Get a medical evaluation as soon as possible, even if you feel fine. Seeking medical attention ensures that any injuries are documented and treated early, which can be crucial for your health and for insurance claims.

4. Admitting Fault or Apologizing

In the aftermath of an accident, it's natural to feel a range of emotions, including guilt. However, admitting fault or even saying "I'm sorry" can be interpreted as an admission of liability, potentially impacting your insurance claim or lawsuit.

What to Do Instead: Avoid discussing fault or making statements that could imply responsibility. Stick to factual statements, and let the police and insurance adjusters determine who was at fault based on the evidence.

5. Not Gathering Evidence at the Scene

Failing to gather evidence can be a costly mistake, as you may miss out on critical information that could support your case later. Evidence from the accident scene can help you recall details, defend your account, and support your insurance claim.

What to Do Instead: Take photos of the scene, including vehicle damage, road conditions, skid marks, and any visible injuries. Collect contact information from witnesses, as their statements can be valuable if there's a dispute later. This documentation can provide crucial support for your claims.

6. Waiting Too Long to Report the Accident to Your Insurance

Many people delay reporting accidents to their insurance company, often hoping to resolve things informally. However, this can cause problems if the other driver files a claim or if your injuries turn out to be more severe than anticipated.

What to Do Instead: Report the accident to your insurance company as soon as possible. Delays in reporting can complicate your claim, and in some cases, insurers may even deny coverage if the accident wasn't reported promptly.

7. Not Understanding Insurance Coverage

Insurance policies can be complex, and many people don't fully understand what their coverage entails, leading to misunderstandings or unexpected out-of-pocket costs.

What to Do Instead: Familiarize yourself with your insurance policy, including coverage limits and any specific requirements for filing a claim. If you're unsure, contact your insurance agent to clarify what is covered and how to proceed with a claim.

8. Talking to the Other Driver's Insurance Adjuster Alone

After an accident, you may be contacted by the other driver's insurance adjuster. While they may seem friendly, they often aim to minimize the payout for their company and may use your statements against you.

What to Do Instead: It's best to avoid discussing details of the accident with the other driver's insurance adjuster directly. Consult with your own insurance company and, if necessary, hire a personal injury lawyer who can communicate on your behalf to protect your interests.

9. Settling Too Quickly

Insurance companies may offer a quick settlement soon after the accident, which can be tempting when faced with immediate expenses. However, accepting an early offer can be a mistake, especially if you don't yet know the full extent of your injuries or the long-term impact.

What to Do Instead: Avoid rushing into a settlement. Take the time to evaluate your injuries, medical expenses, and potential lost income. If you're uncertain about the offer, consult a personal injury lawyer who can help assess whether the settlement is fair. And a lawyer with experience and resources to take your case to trial

10. Forgetting to Keep Track of Expenses and Losses

Many people overlook the importance of documenting expenses and losses related to the accident, which can make it harder to claim reimbursement later on.

What to Do Instead: Keep detailed records of all expenses related to the accident, including medical bills, prescriptions, property damage, lost wages, and transportation costs. This documentation can strengthen your case and ensure that you receive fair compensation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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