10 Common Mistakes People Make After a Car Accident

A car crash happens in seconds, but what you do right after it can affect your claim for months. Pain may not show up right away, emotions may run high, and one careless comment may be used against you later. Most of these mistakes are avoidable once you know what to watch for.

If you were hurt on a New Orleans road, the choices you make early can shape what your claim is worth later.

A short, free conversation with a New Orleans car accident lawyer can keep you from the traps below, but you can start protecting yourself the moment the crash ends.

Here are the 10 mistakes we see most often, along with what to do instead.

Mistake #1: Skipping medical care because you “feel fine”

Adrenaline and shock can hide serious injuries for hours or even days. Whiplash, concussions, and internal injuries may show up after the tow truck is gone.

Waiting to get checked can put your health at risk and give the insurance company room to argue that your injuries were not serious or that they came from something else.

See a doctor the same day, even if you feel okay. Prompt care creates a medical record that ties your injuries directly to the crash, which is one of the strongest links in any claim.

Keep copies of every report, scan, and prescription. For more on what to watch for, see our guide to the most common car accident injuries.

Mistake #2: Apologizing or accepting fault at the scene

Saying “I’m sorry” feels natural, but an adjuster can turn it into an admission of fault. You are not the one who decides who caused the crash; the evidence does. Stay calm, check on everyone, and stick to the facts when you talk to the police.

This matters even more under Louisiana’s fault rules. For crashes on or after January 1, 2026, the state now uses modified comparative fault, so your share of blame directly affects what you can recover.

Even a casual apology might make that percentage look higher than it should.

Mistake #3: Failing to report the crash

Under Louisiana law (La. R.S. 32:398), you must report a crash that causes injury, death, or property damage of $500 or more. Skipping that step might result in fines and give the insurer grounds to question your story. A police report creates a neutral, official record of the scene, the damage, and any citations.

Always call 911 from the scene and ask how to get a copy of the report once it is ready. If anything in it is wrong, you can usually request a correction.

Mistake #4: Not documenting the scene

If you are physically able, your phone is the best evidence tool you have. Photograph the vehicles, their positions, skid marks, debris, traffic signs, and your visible injuries. Get names and numbers from the other driver, any passengers, and witnesses.

Memories fade, and cars get repaired. The details you capture in the first few minutes can settle a fault dispute weeks later, especially when there are no independent witnesses.

Mistake #5: Giving a recorded statement too soon

An adjuster may call within a day or two, sounding friendly and keen to help. Their job, though, is to limit what the company pays. A casual recorded statement is an easy place to say something that gets used against you.

You are not required to give a recorded statement to the other driver’s insurer. Before you say anything beyond the basic facts, it helps to understand how insurance adjuster tactics work.

Stick to date, time, and location, and avoid guessing about your injuries or who was at fault.

Mistake #6: Posting about the crash on social media

It is tempting to vent online, but insurance companies do look at public profiles. A photo of you smiling at a family event can be spun to suggest you were not really hurt, even if you were in pain all day.

Until your claim is resolved, pause posts about your health, your activities, and the accident itself. Ask friends not to tag you. What looks harmless to you can look very different in a settlement negotiation.

Mistake #7: Quitting follow-up treatment too early

Many people go to one appointment, start feeling a little better, and stop. Gaps in treatment suggest your injuries healed or were minor, which lowers the value of your claim and can delay your real recovery process.

Follow your doctor’s plan and keep all appointments, referrals, and receipts. Consistent records show how your injury developed and what it has cost you.

Mistake #8: Accepting the first settlement offer

Early offers often come before you know how serious your injuries are. They may not cover future care, therapy, or lost wages. Once you sign a release, you usually cannot reopen the claim, even if you need surgery later.

Wait until you reach maximum medical improvement, or at least understand your prognosis, before agreeing to any number. A quick check is almost never complete.

Mistake #9: Misunderstanding Louisiana’s fault rule

The law changed how shared fault works. For crashes on or after January 1, 2026, Louisiana uses modified comparative fault , you can recover only if you are 50% or less at fault; your award is reduced by your share; and at 51% or more, you recover nothing under La. Civ. Code art. 2323.

For crashes before that date, the older pure comparative fault rule still applies, meaning you could still recover even if you were mostly to blame.

Because fault now matters so much, avoid anything that makes you look more responsible than you are, such as apologizing at the scene or failing to gather evidence.

Mistake #10: Trying to handle a serious claim alone

Minor fender-benders with no injuries can often be handled without help. But when injuries are real, multiple drivers are involved, or the insurer starts disputing your claim, going it alone usually means leaving money on the table.

A lawyer who handles Louisiana crash cases can handle the adjusters, document your damages, and make sure you meet your deadlines so you can focus on healing. Most personal-injury attorneys, including our team, offer a free consultation, so there is no cost to find out where you stand.

Frequently Asked Questions

What should I do immediately after a car accident in Louisiana?

Look for injuries and call 911. Get medical care the same day, photograph the scene, exchange information, and report the crash if it caused injury or $500 or more in damage. Avoid acknowledging fault.

How long do I have to file a car accident claim in Louisiana?

For crashes on or after July 1, 2024, you generally have two years from the date of injury to file a lawsuit (La. Civ. Code art. 3493.11). Older crashes were subject to a one-year deadline, so confirm yours with an attorney right away.

Do I have to give the other driver’s insurance a recorded statement?

No. You are not required to give the at-fault driver’s insurer a recorded statement. It is usually best to share only basic facts and speak with a lawyer before discussing fault or your injuries.

Will my own mistake reduce my compensation?

It can. For crashes on or after January 1, 2026, Louisiana reduces your recovery by your share of fault and bars you from recovering anything if you are 51% or more at fault.

Can posting on social media really hurt my case?

Yes. Insurers check public posts, and even harmless photos can be used to argue you are not as injured as you say. It is safer to pause posting until your case is over.

Talk to a New Orleans Car Accident Lawyer

If a crash left you hurt, you should not have to guess your way through the insurance process. The team at Alvendia, Kelly & Demarest has helped injured New Orleanians for more than two decades, and we are happy to tell you honestly where your case stands. Call (504) 200-0000 any time for a free consultation. There is no fee unless we win, and no pressure to hire us. Tell us what happened, and let us take care of the rest. You can also get in touch here.