Want to recover everything owed from an auto accident injury claim?
Most don’t. And it has very little to do with who’s at fault. What hurts claims is the avoidable mistakes victims make during the hours, days, and weeks after the accident — mistakes that slowly, quietly derail a claim before it ever reaches the negotiation table.
Motor vehicle accidents injure over 6,500 people every day. Each of those people now face a claims process they’ve never had to manage before. Insurance companies know accidents happen. They also know that means almost every victim will file a claim without legal representation.
Once a claim is filed without an experienced car accident attorney handling the injury side, insurance companies hold all the cards.
While adjusters deal with dozens of accidents daily, most injury victims won’t ever file another claim in their lifetime.
The victim’s disadvantage could not be more apparent. But here’s the good news: Every one of these mistakes is completely avoidable.
Here’s What’s Covered:
- Why auto accident injury claims fall apart
- The most common mistakes victims make
- How to protect a claim from day one
- How to know when it’s time to hire legal help
Why Auto Accident Injury Claims Fall Apart
Car accident injury claims should be simple.
An accident occurs. Injuries are documented. Compensation is paid.
The problem is, this simple model doesn’t take insurance companies into account. They’re a business — which means lower payouts is very much part of their bottom line. Insurance companies have claim adjusters, law teams, and a list of tactics designed to limit payments on every auto accident injury claim they receive.
Prepare to negotiate a claim alone? Expect denied claims, lowball settlement offers, missed deadlines, and months — sometimes years — of frustration that could have been avoided.
Before jumping into the biggest mistakes accident victims make, here’s a look at where these claims typically fall apart.
Mistake #1: Not Seeing a Doctor Right After the Crash
Insurance companies love two things:
Paper trails. Anything they can use to justify denying a claim or paying less.
The moment a doctor visit is skipped after an accident — even without obvious injury — both get handed over.
Undocumented injuries are a common occurrence. After a crash, adrenaline kicks in and serious injuries aren’t always immediately apparent. Instead of seeing a doctor right away, many victims assume they’re fine and forgo the emergency room altogether.
Only to find out later their injuries were far worse than they initially realized.
A gap between the accident and medical treatment gives insurance adjusters exactly what they need.
That gap can be (and will be) used as “proof” injuries were not caused by the accident. And that’s their strongest argument for minimizing — or denying — an auto accident injury claim.
Don’t leave documentation of injuries up to chance. If possible, see a doctor the same day. No ifs, ands, or buts about it.
- Keep detailed records and receipts of every doctor’s visit, diagnosis and treatment.
- Follow doctors’ treatment plans and recommendations to a T.
- Don’t miss a single follow up appointment — gaps in treatment mean holes in the case.
Injuries that can’t be documented with a credible medical source were not “real” accidents in the eyes of an insurer.
Mistake #2: Giving a Recorded Statement
Here’s one that may surprise you…
After an accident, the other driver’s insurance adjuster will be in touch sooner rather than later. In fact, some insurers will call within hours of the accident to get a “statement” while the event is fresh.
It won’t sound like an attack. Quite the opposite.
Insurance adjusters are skilled at using victims’ own words against them. Something as harmless as, “I’m feeling okay” can be used to devalue an entire claim. And making a recorded statement without legal advice is easily avoided — yet one of the most detrimental mistakes possible.
If an insurer calls after an accident, politely decline to provide a statement. Period.
Talk to an attorney about the accident. Work with legal counsel to craft a response if necessary.
Insurance companies do not want to pay claims. Having legal representation from the start is how victims protect their rights after an accident.
Mistake #3: Accepting the First Settlement Offer
This one cannot be stressed enough.
If the first settlement offer from an insurance company gets accepted, there’s a good chance it’s a lowball figure.
Very good chance.
Why? Insurance companies are motivated to settle claims as soon as possible. A quick call letting a victim know a car is “totaled” sounds like resolution after an accident. It’s almost certainly not the offer that should be accepted.
Here’s an even better reason:
Those who negotiated for a higher settlement received $30,700 more on average.
Insurers push hard for settlements to minimize how much they pay claimants. By simply waiting, more money can be recovered.
Before agreeing to any settlement offer, make sure these are fully understood:
- Total medical costs. Past, current, and future.
- Lost wages. Some accidents cause injuries that make it difficult to work. If injuries affect earning capacity, lost wages may be owed.
- Pain and suffering. It’s real — and victims can be compensated for it.
- Property damage. This is often lowballed in early offers.
The first settlement offer is just that. A starting point.
Negotiating a claim is common and every victim has every right to fight for full compensation.
Mistake #4: Failing to Document the Scene
The minutes after a car accident are critical.
Failure to document the scene means giving insurance companies everything they need to dispute liability. When an insurance company can deny or question whether their client was even at fault for the accident — that’s where compensation gets chopped up.
Take photos of:
- All vehicles involved from different angles
- Road conditions
- Skid marks
- Weather conditions
- Traffic signs and pavement markings
Get the names and contact details of anyone who witnessed the accident. Note the police report number before leaving.
Something as small as the direction a vehicle was facing after the crash could help establish who was liable.
Insurance companies know this too. That’s why it’s listed as one of the most common mistakes.
Mistake #5: Waiting Too Long
Every state has a statute of limitations on car accident injury claims.
Miss that deadline and the right to compensation disappears.
This is non-negotiable. Waiting too long to file a claim is an automatic loss.
Here’s the other thing about waiting…
The longer the wait, the more difficult it becomes to preserve evidence.
Hard evidence like surveillance video disappears on a rolling basis. Witness statements become less reliable. Insurers love arguing there’s no connection between the accident and injuries if, say, the first doctor’s visit wasn’t for six weeks.
Time is the enemy of an auto accident injury claim.
Get medical records in order, seek legal guidance, and don’t wait to file a claim.
When to Seek Legal Guidance
Vehicle accidents account for 52% of all personal injury cases filed each year.
Insurance companies process tens of thousands of auto accident injury claims per day — with teams of specialists handling every angle of a claim.
Far too many victims walk into this process believing insurance companies have their best interests at heart. They don’t.
Having an advocate on the right side can make all the difference in recovering the compensation truly deserved. That advocate should be a personal injury attorney.
Don’t Make These Car Accident Injury Claim Mistakes
The claims process doesn’t have to hurt victims. But here are four reasons it does:
- Throwing away rights by not seeing a doctor immediately
- Providing insurance companies with recorded statements
- Accepting the first settlement offer without negotiating
- Missing deadlines by waiting too long
Each of these mistakes feeds directly into reasons insurance companies use to pay less or deny a claim outright.
Avoid them. Document everything. Don’t go it alone.