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Hobaica Law Office
Hobaica Law Office

Utica: (315) 627-2800

Cooperstown: (607) 601-1621

Mistakes To Avoid After A Car Accident

  • By: Hobaica Law Office
  • Published: November 12, 2024
Man sitting by car accident scene symbolizing mistakes to avoid - Hobaica Law Office

In This article, you will learn:

  • What to say and not to say to the other driver and law enforcement at the accident scene.
  • How soon you should hire a personal injury attorney.
  • How to maximize your chances of compensation after an accident.

Should You Talk To The Other Driver After An Accident?

Even in the shocking circumstances of a car accident, your human instincts will often kick in. You may want to know if the driver and occupants in the other car are safe, if anyone has been injured, and whether emergency services have been contacted. It’s a natural human reaction.

However, you should avoid talking about the details of the accident, and most importantly, you should not admit liability. By admitting fault, it will be difficult, if not impossible to get the other drivers insurance company to make any offer to resolve any bodily injury claim you may have suffered from the accident.

Because of how easily your words can be misconstrued by the other driver and the police at the scene, the less you say at the scene, the better.

How Long Do You Have To File A Claim for Personal Injury In New York?

Usually, a claim for money damages isn’t the first thing that comes to mind if you’re in an accident. Sometimes, your injuries might not even manifest immediately. However, knowing how much time you have to file the claim can make things much easier and allow you to give yourself enough time to monitor your health and body.

Ideally, you should notify your insurance carrier of the accident immediately. Most insurance carriers have clauses in their contracts that require you to report an accident in a timely fashion, with some going as far as to set a timeframe, which is usually 30, 60, or 90 days, depending on the carrier.

If you’re unsure how long you have to file your claim, the best approach is to contact your personal injury lawyer for advice.

Should You Admit Fault To Law Enforcement At The Scene Of The Accident?

Guilt can be an overwhelming experience, especially when you suspect the accident might have been your fault. Even though the accident might have been your fault, that doesn’t mean there wasn’t some additional or comparative negligence on the other side.

Admitting fault to law enforcement can diminish your claim quickly, and they might not conduct the investigations as thoroughly to determine if the other driver was also at fault.

Can Using Social Media After An Accident Hurt Your Case?

We understand that these days social media is a preferred communication tool. After an accident, you may want to call your loved ones and family to let them know what has happened and that you’re okay. That is different though than communicating on Facebook or Instagram or LinkedIn.  You should exercise great caution when using social media after an accident. What you say and do on the platform can be misunderstood and may hurt your ability to fully recover fair damages for your injuries.

Although you have every reason to use social media apps after an accident, it is in your best interest to refrain from using those platforms to share information about your injuries and your claim.

How Does Failing To Follow The Doctor’s Or Medical Professional’s Treatment Plan Affect Your Case?

Failing to document or follow the doctor’s instructions or treatment plan can be another factor that can negatively affect your personal injury case.

Insurance companies will look for ways (information) that will diminish the value of your case. One method is to argue that you would have recovered much sooner or much better if you followed your Doctors instructions… i.e. that you didn’t do everything you were required to do to maximize your recovery. In other words, they seek to place some of the fault on you!

It is important that you make every doctor’s appointment. Do the things that the health care professionals recommend to you; otherwise, the insurance company may blame you for any long-term injuries you sustain because you didn’t do everything the doctor recommended.

Should You Settle With An Insurance Company Before Speaking To A Personal Injury Attorney In New York?

Look, we are in the business so we know through experience that having an experienced and seasoned personal injury lawyer is in your best interests. Your lawyer will make every effort to maximize your recovery. The insurance company will do its best to pay you as little as possible to settle the case, and without a lawyer, we believe, they will most likely succeed.

How Does Having An Attorney Early Save You From Making Mistakes In The Claims Process?

The claims process can be overwhelming and confusing. A personal injury attorney can and should advise you and guide you through that process. There are no fault (so called PIP) issues, property versus bodily injury damages issues. There may be UM and SUM (Uninsured Motorist and Supplemental Underinsured Motorist) coverage issues to be concerned with as well as other complicated matters. The sooner you have professional help to work through these matters…the better.

Still Have Questions? Ready To Get Started?

If you’ve been in a car accident knowing what to avoid can substantially improve your opportunity for a successful and fair recoveryfor. Your next best step is to secure an initial consultation to review your case with an experienced personal injury lawyer. For consultations or inquiries, you can contact us by calling (315) 627-2800.

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