Being involved in a car accident can be an overwhelming and stressful experience. In the aftermath, it's crucial to take the right steps to protect your rights and ensure you receive fair compensation for any injuries or damages. Unfortunately, many people make mistakes that can jeopardize their claims.
In this general guide, we'll explore the common pitfalls to avoid after a car accident in Orange County, California. For legal help in your particular case, please reach out to our personal injury lawyers for a free consultation.
Failing to Call the Police
One of the biggest mistakes people make is not calling the police to report the accident. California law requires drivers to report an accident if it results in bodily injury or property damage worth over $1,000.
Even if the accident seems minor, it's essential to have an official record of the incident. The police report can serve as valuable evidence and document important details, such as the location, time, and circumstances of the accident.
Neglecting to Gather Evidence
Gathering evidence at the scene of the accident is crucial. At the crash site, take photos or videos of the damage to all vehicles involved, the position of the vehicles, any visible injuries, and the surrounding area. If there were any witnesses present, be sure to obtain their contact information as well. Their testimonies can provide valuable evidence to support your version of events.
Neglecting to Exchange Information
The accident scene may be full of chaos and confusion, but remember to exchange information with the other parties involved in the crash. After ensuring everyone's safety and contacting the authorities, you should exchange the following details with the other drivers and passengers involved:
- Full names and contact details (phone numbers and addresses)
- Driver's license numbers
- License plate numbers
- Insurance company names and policy numbers.
Admitting Fault
In the heat of the moment, it's natural to want to apologize or express concern, but be cautious about making any statements that could be construed as admitting fault. Even a simple "I'm sorry" can be used against you later. Avoid discussing the details of the accident with anyone other than the police or your attorney.
Failing to Seek Medical Attention
Even if you don't feel or think you are injured immediately after the accident, it's crucial to seek medical attention as soon as possible. Some injuries, such as whiplash or internal bleeding, may not be immediately apparent. Prompt medical attention not only ensures your well-being but also creates a record of your injuries, which can be essential for your claim.
Neglecting to Notify Your Insurance Company
Promptly notifying your insurance company about the accident is essential. Most insurance policies require you to report accidents within a specific timeframe. Failure to do so could result in a denial of coverage or other penalties. When speaking with your insurance company, stick to the facts and avoid making any statements that could be interpreted as admitting fault.
Taking a Long Time to File a Civil Claim
In California, there is a statute of limitations that restricts the time frame within which you can file a personal injury lawsuit. For most cases involving car accidents, the statute of limitations is two years from the date of the accident. Certain factors can shorten this deadline, so it’s best to get legal counsel as soon as you can rather than waiting too long.
Accepting the First Settlement Offer
Insurance companies often make low initial settlement offers in the hopes that you'll accept without fully understanding the extent of your injuries or damages. Never accept the first offer without consulting an experienced personal injury attorney. A skilled attorney can evaluate the offer and negotiate for a fair settlement that covers all your losses, including medical expenses, lost wages, and pain and suffering.
Posting on Social Media
In the age of social media, it's tempting to share details about the accident or your recovery process. However, anything you post online can be used against you by the insurance company or the other party's attorneys. Avoid posting about the accident, your injuries, or any activities that could be perceived as contradicting your claims.
Failing to Hire an Experienced Attorney
Navigating the legal system after a car accident can be complex and challenging. Attempting to handle the claim on your own can lead to costly mistakes and an unfair settlement. An experienced personal injury attorney at Barrios & Machado Personal Injury & Accident Lawyers can protect your rights, take control of negotiations with insurance companies, and fight for the compensation you deserve.
Your consultation with Barrios & Machado is free. Call us today at (714) 515-9696.
