Partner at AKD Lawyers
Practice Areas: Insurance Claims
Car crashes may be frightening and traumatic experiences that leave victims unsure of what to do next. It’s simple to make mistakes in the process that might negatively impact your chance of getting compensation for your damages and injuries. Louisiana’s comparative negligence laws add another layer of complexity, making it even more critical to proceed cautiously.
In this comprehensive guide, we’ll explore ten common mistakes people make after a car accident and provide actionable advice on how to avoid them. By understanding these pitfalls, you can protect your rights and improve your chances of receiving the compensation you deserve.
Mistake #1: Failing to Seek Immediate Medical Attention
Failing to seek prompt medical attention is one of the most damaging mistakes you can make after a car accident. Even if you feel fine, the adrenaline rush from the crash can mask symptoms of serious injuries such as concussions, internal bleeding, or soft tissue damage. Injuries might not manifest until hours or even days later, making immediate medical evaluation crucial.
“Even if you feel fine after an accident, seeking immediate medical attention is crucial—not only for your health but also to support your injury claim.”
Moreover, medical records serve as vital evidence when filing a claim. Without them, insurance companies may argue that your injuries were not significant or were unrelated to the accident. To strengthen your case, visit a healthcare provider immediately, follow all recommended treatments, and keep detailed records of your medical visits.
Mistake #2: Admitting Fault at the Scene
In the aftermath of an accident, it’s natural to feel apologetic or want to explain what happened. However, admitting fault, even casually, can have profound implications for your claim. Louisiana follows a comparative negligence rule, which means your compensation can be reduced based on the percentage of your fault.
“Louisiana follows a comparative negligence rule, which means that your compensation will be reduced based on your percentage of fault.”
Instead of discussing fault, focus on exchanging information with the other driver and providing a factual account to the Police. Let the insurance companies and legal experts determine liability based on the evidence.
Mistake #3: Not Calling the Police
Some people assume that if an accident seems minor, there’s no need to call the Police. This is a significant mistake. A police report serves as an unbiased, official record of the incident, documenting details such as witness statements, road conditions, and possible traffic violations. In Louisiana, you’re legally required to report any accident that results in injury, death, or significant property damage.
Without a police report, your claim becomes a matter of your word against the other drivers, complicating the process of proving liability. Always call the Police, wait for them to arrive, and ensure you get a copy of the accident report for your records.
Mistake #4: Giving a Recorded Statement to Insurance Without Legal Advice
Insurance companies often urge accident victims to give recorded statements soon after the incident, presenting it as a standard procedure. However, these statements can be used against you. Insurance adjusters are trained to ask leading questions that may cause you to downplay your injuries or accept partial responsibility.
Before making any statements, consult an experienced attorney. A lawyer can guide you on what information to share and ensure your rights are protected throughout the claims process.
Mistake #5: Accepting the First Settlement Offer
Insurance companies are notorious for making quick, lowball settlement offers soon after an accident. Their goal is to minimize payouts by tempting you with fast cash before you fully understand the extent of your injuries or long-term costs. Accepting the first offer could leave you without sufficient funds to cover ongoing medical treatment, rehabilitation, or lost wages.
“Insurance companies often make quick settlement offers to limit their liability. Consulting a lawyer before accepting any offer can help secure fair compensation.”
Take time to assess your medical prognosis and financial losses thoroughly. Consulting a lawyer can help you understand the actual value of your claim and negotiate a fair settlement.
Mistake #6: Posting on Social Media
In today’s digital age, sharing life updates on social media is second nature. However, after an accident, anything you post can be used against you by insurance companies. Even innocent posts or photos could be misinterpreted to suggest that your injuries are not as severe as you claim.
To protect your claim, it’s best to avoid posting anything related to the accident, your injuries, or your daily activities. Adjust your privacy settings and ask friends and family to avoid tagging you until your case is resolved.
Mistake #7: Failing to Document the Accident Scene Properly
Proper documentation is essential for building a strong insurance claim. Inadequate or missing evidence can weaken your case, making it harder to prove liability or the extent of your damages. Immediately after an accident, if you are physically able, take detailed photos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries.
Additionally, gather contact information from witnesses and write down your recollection of how the accident happened. This evidence can significantly strengthen your case and prevent insurance adjusters from downplaying your injuries or losses.
Mistake #8: Ignoring Follow-Up Medical Care
Attending a single doctor’s visit immediately after an accident is not enough. Skipping follow-up appointments or ignoring your doctor’s recommendations can not only delay your recovery but also hurt your claim. Insurance companies might argue that you weren’t seriously injured if you didn’t follow through with prescribed treatments.
Consistently following medical advice and documenting your treatment progress shows that your injuries are legitimate and ongoing. Keep all records of treatments, prescriptions, and therapy sessions as evidence for your claim.
Mistake #9: Settling Too Quickly Without Understanding Long-term Impacts
Some injuries, like traumatic brain injuries or spinal damage, may require years of treatment. Settling your claim too quickly might cover immediate costs but leave you financially strained for long-term medical care or rehabilitation. It’s vital to consult with both medical and legal experts to understand the effects of your injuries.
Patience is key. A comprehensive assessment of your injuries and financial losses ensures that any settlement offer you accept is genuinely adequate.
Mistake #10: Trying to Handle the Claim Alone Without Legal Help
Navigating an insurance claim without legal expertise is a daunting task. Insurance companies have experienced adjusters and lawyers working to minimize payouts. Without legal representation, you’re at a significant disadvantage.
With the assistance of an experienced lawyer, you can get proof, speak with insurance adjusters, and negotiate proper compensation. With legal support, you can focus on recovery while knowing that your case is being handled professionally.
Key Actions to Take After a Car Accident
| Action | Why It’s Important |
| Seek Immediate Medical Attention | Documents injuries for claims |
| Call the Police | Establishes an official accident report |
| Avoid Admitting Fault | Prevents complications in liability determination |
| Document the Accident Scene | Provides evidence to support your claim |
| Consult a Lawyer Before Giving Statements | Protects your rights against insurance tactics |
| Avoid Social Media Posts | Prevents insurance companies from using posts against you |
| Follow Up on Medical Care | Demonstrates the seriousness of your injuries |
FAQs
What should I do immediately after a car accident in Louisiana?
Ensure safety, call 911, seek medical attention, and document everything.
Is it mandatory to report a car accident to the Police in Louisiana?
Yes, if there are injuries, fatalities, or property damage above a certain threshold.
Can posting on social media affect my car accident claim?
Yes, insurance adjusters may use your posts to argue that your injuries are not severe.
Should I accept the first settlement offer from the insurance company?
No, initial offers are often lower than what you might deserve. Consulting an attorney is advised.
How does Louisiana’s comparative negligence law impact my claim?
Your compensation is reduced based on your percentage of fault in the accident.
Why is it important to seek medical attention even if I feel fine?
Some injuries are not immediately apparent, and delaying treatment can harm your claim.
Conclusion
Car accidents can be overwhelming, but knowing what mistakes to avoid can make a significant difference in your ability to recover fair compensation. By seeking prompt medical care, documenting the scene, and consulting an experienced attorney, you can navigate the claims process more effectively.
If you’ve been injured in a car accident, the experienced attorneys at Alvendia Kelly & Demarest can help. Contact us for a free consultation to discuss your case and explore your legal options.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
