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Even if you’ve never been in a car accident, you may already have a sense of what you should do after a crash. Check for injuries and call an ambulance if necessary. Call the police. Collect and exchange names and telephone numbers, license and registration information, and insurance company information. You may even think to take photos of the damages, the surrounding area, and get the names of witnesses.
However, certain mistakes, like not calling the police or not seeking medical attention, could hurt your injury claim and make it challenging to pursue the full compensation you’re due. To protect your health and preserve your right to financial recovery, our Michigan car accident lawyers have gathered the top mistakes to avoid after a car accident.
Many People Do Not Call the Police After an Accident
Accidents are stressful, and the thought of calling law enforcement might seem excessive. Some accidents may be minor, it’s true, but there are state requirements for reporting certain car accidents. According to Mich. Comp. Laws Ann. § 257.622, drivers must report accidents to law enforcement if:
- Some is killed or injured in the crash
- Property damage is $1,000 or more
A police report can be quite helpful after an accident, as it often records important information about involved drivers, accident circumstances, and other details. In some cases, it can be hard to know just how serious your accident is. Make the report to help create a paper trail for your claim.
Make Sure to Call Your Insurer, Too
After an accident, make sure you call your auto insurance company. Michigan is a No-Fault state, and drivers must have a personal injury protection (PIP) policy that meets state minimums. No-Fault laws require drivers to go through their own insurance coverage first. If you do not file your claim in a timely manner, your insurer could deny your claim.
Some People Accidentally Admit Fault
After a collision, it’s easy to want to smooth everything out with a quick, “I’m sorry,” or “I didn’t see you,” even if you were the victim. This impulse to admit fault can weaken your case, as the at-fault driver, police, and even insurance companies may use this as a confession of fault, or at least a partial admission of fault. Only give the facts of the case, don’t speculate as to fault or volunteer your own potential wrongdoing.
Always remember, the insurance company that represents the other driver involved in your car accident is not your friend, nor are they trying to get you the best settlement they can. Their adjuster is attempting to settle your claim for the least amount of money possible. One way they do that is by getting you to provide the information they can use against you. Don’t put your claim at risk.
Don’t Be Intimidated by Accusations of Fault
You’re likely in pain and worried about getting your life back to normal—at-fault parties and their insurers know this, and they want to intimidate you into accepting low settlements or dropping cases. One common tactic we see is unfairly assigning blame to car crash victims.
Michigan has a modified comparative negligence doctrine, which can allow accident victims to collect damages even if they were partially at fault. Under this law, Mich. Comp. Laws Ann. § 600.2959, victims’ damages are reduced by their percentage of fault. Victims who are more than 50 percent at fault may not be able to pursue any economic damages at all. The negligent parties could say that you somehow contributed to the accident and thus your injuries.
The at-fault parties will often try to assign more blame to victims as a way to reduce what they owe victims. Injured parties may be discouraged by this tactic and leave money on the table. Our lawyers know how to navigate these complex situations, do not give up right away!
Victims May Fail to Gather Evidence
Any photos, videos, and other information you gathered at the scene of the accident, such as witness details, will provide valuable evidence for your case. If you were taken away from the scene by an ambulance, your attorneys can return to the accident scene to take photos. They will also work to collect additional evidence, such as witness statements, surveillance video footage, and cellphone records.
Record any details about your doctors’ visits, medical treatment, and details for any prescriptions or other medical devices you were advised to use. Save all receipts and invoices related to your crash. Also, save any communication from healthcare providers and insurance companies.
Not Seeking Medical Attention Right Away and Not Following Doctor’s Orders
While some injuries may be immediately obvious after a car accident, others may appear minor at first, only to worsen over time. You may have suffered a concussion or a traumatic brain injury, for example, and not realize the severity of it right away. Without early assessment and treatment of your injuries, you are putting your health at risk.
If emergency medical technicians arrive at the accident scene, ask them to examine you. If medical assistance is not available at the accident scene, go to urgent care or see your doctor as soon as you can. Waiting to seek treatment may not only jeopardize your health, but it may also hurt your case for compensation. Never underestimate or downplay your injuries. Insurance adjusters will try to fault you for not seeking medical attention, arguing your injuries may not be as serious as you claim.
Once you seek treatment, follow the physician’s orders. If you need to make follow-up appointments or need to take certain measures for your health, make sure to do so. Making the effort to address your health issues creates a paper trail that proves the severity of your injuries.
Agreeing to a Quick Settlement
Just as it can be a mistake to give too much information to the insurance company representing the at-fault driver, it can be an even bigger mistake to agree to a quick settlement. It can be difficult to calculate how much your claim is really worth while you’re still recovering.
Quick settlements rarely provide you with the amount you deserve, nor do they include coverage for future medical expenses, payments for lost earning capacity, or future pain and suffering. Once you accept a settlement, you do not have a chance to seek more compensation. A Michigan personal injury lawyer will make sure an offer is fair before you accept it.
Talking About Your Claim on Social Media
Talking about your car accident case on social media is tempting, but it’s an important mistake to avoid. Insurance adjusters will monitor social media accounts in hopes that claimants will post information that can be against them, such as photos of accident victims looking healthy and happy at a family gathering. Looks can be deceiving, but they may use any information they can find to diminish your claim.
Waiting Too Long to Act After a Car Accident
Avoid the mistake of waiting too long to file an injury claim or lawsuit for your accident. Mich. Comp. Laws Ann. § 600.5805 generally gives victims three years to file a car accident injury lawsuit, but there is no reason to wait. While some circumstances could extend or pause this deadline, do not assume that they will apply to you.
If you’ve been involved in a car accident in Michigan, you should talk to attorneys as soon as you can. The earlier the legal process gets started, the easier it is to preserve valuable evidence and craft a strong claim.
Handling a Complex Case Without Legal Help
Many accident cases are resolved between drivers and their insurance companies. Thanks to Michigan’s No-Fault laws, people involved in an accident do not have to prove fault in a claim. They can turn to their PIP policy first for certain losses, like medical bills, some lost income, and some daily expenses. However, some accident victims have serious injuries and loss that their PIP does not address.
These auto collision cases quickly grow into something very complex, and it’s easy to make mistakes when seeking compensation for serious and catastrophic injuries. Victims often do not have the knowledge, time, or experience to manage these cases.
That’s where a Michigan car accident lawyer can come in. Our team can take on any and all legal tasks to ensure your case is strong and well-supported by evidence. We know what kinds of damages to seek, how to gather evidence, and we are able to draw on firm resources to build your case.
Call Christensen Law to Avoid Making Mistakes After a Car Accident
When you are in a car crash, it is very easy to make mistakes that hurt your case. The Michigan auto accident attorneys at Christensen Law are here to help you avoid these errors and fight for full and fair compensation.
For the last 30 years, our firm has helped people in Detroit, Southfield, Ann Arbor, Grand Rapids, and all Michigan fight against negligent drivers. Our team makes it their mission to listen to your story and represent your best interests in negotiations and litigation. Call us now to get started with a free consultation.
