Car Accidents

8 Mistakes People Make After a Car Accident That Can Hurt Their Case

  • Written by Tiffany
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  • Updated
  • 6 Min Read
Two vehicles after a car accident

The best way to avoid these mistakes is to talk to an experienced Charleston car accident lawyer as soon as possible after your crash. But you may have to make some important decisions before you get that opportunity. Here are some of the most common mistakes car accident victims make.

01Admitting Fault at the Car Accident Scene

It's natural to feel bad when you've collided with another vehicle, and it's human nature to apologize when you see the damage to another vehicle or someone hurt. But statements like “this was all my fault!” can create problems later, even if it wasn't actually your fault. By all means, check on others who were involved in the crash (if you can do so safely) and get them help if needed, but don't say it was your fault or explain what you think you did wrong.

02Not Calling the Police

Most car accidents must be reported, so err on the side of caution and make the call. The police report can play an important role in your case.

03Failing to Get Evidence at the Scene

Photographs or video of the scene before the vehicles are moved can be very useful when your car accident attorney is investigating fault, and witness contact information can be invaluable. But many people are, unsurprisingly, too shook up after an accident to think about evidence. If you're well enough and can do so safely, you should collect information that may not be available later.

04Not Seeking Medical Attention

Right after the crash, you may not know how serious your injuries are. Shock and adrenaline can mask pain, and some injuries worsen with time or as you move around. If you believe you may have been injured, it's best to see a doctor. Obviously, the most important reason to get checked out by a medical professional is to protect your health. But, skipping medical care can also hurt your case, because it may be more difficult to tie your injuries to the crash.

05Not Following Up With Medical Care

If you don't follow your doctor's instructions, such as getting all tests ordered for you, following restrictions on lifting and other activities, attending physical therapy sessions, the insurance company may claim that you're partly at fault for the extent of your injuries because you didn't follow medical advice. That can make it more difficult to secure full compensation for things like medical expenses and lost work time.

06Talking to the Insurance Company on Your Own

The responsible party's insurance company has one goal after a car accident: to minimize the amount they have to pay out. From the first moment you speak with them, they'll be looking for ways to deny your claim or cut back on your compensation. When your Charleston auto accident attorney handles the interactions with the insurance carrier, they provide a buffer that prevents the insurance company from misleading you or drawing out comments they can take out of context and use against you.

07Taking a Quick Settlement

When you've been injured in a car accident, it's natural to want quick compensation. You may be facing large medical bills and car repairs, and wondering how you're going to keep the bills paid after taking time off work to recover. In fact, the insurance company representative will probably sympathetically mention that they're sure you could really use this money right now. Unless a claim is small, an insurance company typically won't rush to make you a fair offer. If they're in a hurry, it's often because they don't want you to find out how much your claim is worth.

08Not Consulting an Experienced Charleston Car Accident Attorney

Car accident cases can be complicated, and getting fair compensation may require investigation, a formal exchange of evidence with the other party, extensive documentation and even expert witnesses. The sooner you hand off to an experienced lawyer, the better.

Get Answers From a Charleston Car Accident Lawyer

Car accident attorney Frank Hartman has been fighting for car accident victims and other injury victims in the Charleston area for decades. He knows how important it is that you have accurate information and knowledgeable guidance before you take any action, so he offers free consultations. You can schedule yours right now by calling 843-300-7600 or filling out our contact form.

Quick Answers

Frequently Asked Questions

How Long Do I Have to File a Car Accident Claim in South Carolina?

You generally have three years from the date of the accident to file a personal injury lawsuit in South Carolina (SC Code § 15-3-530).

What if the Other Driver Is Uninsured?

When the at-fault driver flees the scene, recovering compensation requires a different legal strategy, often involving your own uninsured motorist coverage. Frank will also determine whether Uninsured/Underinsured Motorist (UM/UIM) coverage applies to your case.

How Much Does a Car Accident Lawyer Cost in North Charleston?

Frank Hartman offers free, confidential consultations, no fees unless you win. Call or text: 843.300.7600.

What if I Was Partially at Fault?

South Carolina uses a modified comparative negligence standard (SC Code § 15-38-15), meaning your compensation is reduced proportionally by your percentage of fault, but you can still recover as long as you are 50% or less at fault.

What if the Insurance Company Offers Me a Quick Settlement?

Never accept a settlement offer until you fully understand your diagnosis, your prognosis, and your future accident-related expenses. Frank Hartman can help you evaluate any offer and make sure it actually reflects what your case is worth.

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