Common Mistakes to Avoid In Car Accident Claims

A car accident is a terrifying and traumatic experience, especially when it causes serious injuries requiring painful medical procedures and lengthy recovery time, or when a catastrophic injury leaves a car accident victim facing an uncertain future. Unfortunately, the distress sometimes continues long after the accident when an injury victim faces the complex car accident claim process in a fault-based insurance state like Washington.

Those facing the overwhelming car accident claim process in Washington can help streamline the process by first understanding what not to do and how to avoid common mistakes. Speaking with a Kent car accident lawyer can also make a significant difference, helping injury victims navigate the legal system, avoid costly errors, and maximize the compensation they’re entitled to recover.

First, Avoid Common Errors at the Accident Scene

Washington law requires all parties involved in an accident resulting in property damage of $1,000 or more, or any injuries or fatalities, to remain at the scene of the accident and call the police to make a report. Accident victims in Washington should avoid doing the following:

• Failing to add the contact information of eyewitnesses and take photos of the accident scene, damaged cars, and visible injuries (unless they are incapacitated by their injuries).
• Saying anything that could be interpreted as admitting fault, such as telling the other driver you’re sorry, even if you only mean that you’re sorry the accident happened.
• Going home instead of going to a hospital directly from the accident scene, and then discovering injuries later, after the adrenaline wears off.

It’s always best to go to a hospital straight from the accident scene to ensure you receive the emergency care you need and to document evidence that the injury occurred in the accident.

Avoid Navigating Your Car Accident Claim Without an Attorney

Insurance companies are not on your side. Under Washington’s pure comparative negligence injury laws, the insurance company can reduce the amount they have to pay on your claim by the percentage of fault the insurance adjuster assigns you after investigating the accident. For this reason, it’s crucial to hire an attorney to conduct an independent investigation to safeguard your best interests.

Sometimes, an insurance company reaches out quickly after an accident with a low settlement offer. This is almost always a lowball settlement intentionally offered before you know the full extent of the damages you’re facing. Instead of speaking with the insurance company, hire an experienced car accident attorney and then direct all communication with the insurance company to your lawyer.

Failing to Follow Your Doctor’s Orders

After a serious car accident, it’s important to follow your doctor’s treatment orders. Ensure you attend every appointment, fill all prescriptions, and refrain from engaging in any activities prohibited by your doctor.

Not only does this support the best possible recovery, but it also prevents the insurance company from disputing your claim based on your failure to follow your doctor’s treatment recommendations.

Avoid Posting On Social Media

It may feel natural in today’s world to post status updates on social media after your accident and throughout every step of your recovery; however, insurance companies often follow injury victims’ social media pages and then use photos and comments out of context against them.

For example, after the accident, some injury victims post statements like “I had a car accident, today, but thankfully, I’m okay.” You might mean that you’re glad to be alive even if you are in traction, but the insurance company can claim that your statement meant you were uninjured.

The insurance company may also use photos against you. Even if you were smiling through your pain at a child’s soccer game, they can use this as “evidence” that you aren’t seriously injured.

Avoid Waiting Too Long to File a Car Accident Claim

Washington’s statute of limitations allows up to three years from the date of the accident to file a claim. If the case requires litigation in court, the petition must be filed before the statute of limitations expires for your case.

Sometimes, an insurance company will intentionally delay progress on your claim, hoping to wait out the statute of limitations until you are willing to accept a low settlement. 

Your car accident attorney can advise you on the timeline for your claim, ensuring that you don’t settle before you know the full extent of your damages, but don’t wait so long that the time-consuming investigation and negotiation process comes too close to the time limit of the state’s statute of limitations.

Contact a Kent car accident lawyer at Caffee Accident & Injury Lawyers to discuss your claim.