Mistakes To Avoid When Filing a Personal Injury Claim
Every time you get behind the wheel of your vehicle, it is your expectation that you drive safely, and reach your destination in one piece. But life has a way of throwing curveballs when we least expect them. Unfortunately, even after following traffic regulations, you may be involved in a car accident.
Take a case where an intoxicated motorist runs a red light, T-boning your automobile and causing severe injuries that warrant immediate medical attention. You may have been adhering to the regulations of the road yourself, but still find yourself engulfed in this incident for which you bear no responsibility.
While the aftermath of such circumstances may sound scary, knowing the do’s and don’ts can help secure a triumphant recovery, complete with compensation for all damages.
With that in mind, this blog will teach you mistakes to avoid after a car accident.
Failing to Check Yourself for Injury
Your safety is of the utmost importance and in the aftermath of a crash, the first thing you should do is check yourself and any passengers for injuries. If anyone is hurt, move to the side of the road away from traffic and call 911.
Remember, medical attention is necessary regardless of the severity of injury, whether minor or major. Conditions like whiplash and concussions may take hours, if not days, to manifest symptoms. Hence, immediate treatment reduces the chances of severe consequences, safeguarding your overall health.
Not Informing the Police
According to Texas law, you must inform the police of any accident that results in injury, death, or more than $1,000 in property damages. The attending officer will prepare a report that will prove crucial should you file an insurance claim afterward. Without it, the claim will come down to your word against the other driver’s, potentially aggravating the situation.
Leaving the accident scene
Texas law demands that you stay at the scene of the collision until the police clear you to leave. Under hit-and-run laws, exiting can lead to a misdemeanor or felony violation, depending on the nature of the crash.
Admitting fault
Remember, the investigators assigned to your case will determine the fault. As such, avoid apologizing to the other driver, even if you feel guilty for causing the accident. Instead, politely ask for their insurance information and contact details. Leave the rest to the investigators.
Filing the Suit Independently
You may decide to file a suit against the at-fault driver without an attorney by your side, but this almost always turns out to be a bad call. To begin with, insurance adjusters may take advantage of your situation by offering a lowball settlement, which you may accept, unaware that it will not fully cover your damages.
“Once you sign the settlement agreement, you automatically waive the right to sue the insurance company for additional compensation should you need further medical care that the initial award doesn’t cover,” says personal injury lawyer Maxwell Paderewski of Lone Star Injury Attorneys, PLLC.
As such, working with a qualified personal injury attorney is in your best interest. With a good understanding of the legal nuances affecting your case, they will analyze your case and calculate the monetary and non-monetary damages you are entitled to, protecting you from under-compensation.
Failing To Gather Sufficient Evidence
You should collect as much evidence as possible. Right from the accident scene, take photographs and videos of the damage to the vehicles and property, as well as any visible injuries you have sustained.
In addition, keep track of any expenses related to your treatment, including lab results, prescription notes, and pharmacy receipts. They will prove valuable when admitting proof to substantiate your claims.
Being Dishonest
While it is good practice to refrain from admitting fault to the other driver, things are different when dealing with your attorney. In this case, you should be honest and furnish them with all the details, even those that paint you in a bad light.
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