Why silence, preparation, and proper legal guidance can make or break your case.
When you’re involved in a car accident, what you do in the minutes, hours, and days afterward can determine the outcome of your claim—financially, medically, and legally. Yet, many accident victims make avoidable mistakes that weaken their position or eliminate their right to fair compensation.
Here are the most common—and most costly—missteps to avoid.
- Talking Too Much (or to the Wrong People)
Admitting even partial fault can harm your case, especially before the facts are clear. If questioned, it’s best to remain silent about fault and explain that your attorney has advised you not to make any statements without their approval. Explain you would be happy to talk after they call your lawyer for his/her ok. Do not discuss the accident with anyone except your lawyer, your doctor, and the responding officer at the scene.
Insurance adjusters are skilled at getting you to say things that reduce your claim value. Never sign documents or release medical information without your lawyer’s consent.
- Failing to Document the Scene
If possible, use your cell phone to take photos of vehicle damage—inside and out—as well as road conditions, traffic signs, and visible injuries. Get witness statements using your cell phone’s audio or video recorder. Without this evidence, proving your case becomes much harder.
- Delaying Medical Care
Don’t wait days or weeks to see a doctor. Some injuries, such as concussions or internal damage, may not be immediately obvious but can worsen over time. Visit an emergency room or urgent care right away, and follow up promptly with a physician trained to write thorough medical reports for accident cases.
Importantly, don’t go to your regular family doctor—they may not know how to document accident injuries for legal purposes. At every appointment, report pain and symptoms from head to toe before you go to the doc. Skipping follow-up visits or waiting six weeks between appointments can undermine your case.
- Poor Recordkeeping
Keep an “accident diary” noting pain levels, medical visits, and how your injuries impact your daily life. This personal record can be powerful evidence in negotiations or court.
- Insurance Coverage Gaps
California’s minimum auto liability coverage recently increased to $30,000/$60,000 (from $15,000/$30,000), but even that may not be enough to protect your assets in a serious accident. An umbrella policy provides additional protection at a relatively low cost.
Avoid buying “full coverage” without understanding what it includes, and stay away from substandard insurance companies.
- Rushing Into a Settlement
Insurance companies often push quick settlements to close claims cheaply—before the full extent of your injuries are known. If you settle and later discover a serious problem, you can’t go back for more compensation.
A top tier award-winning PI lawyer will help you understand your case’s true value and timing. Beware of attorneys who promise a settlement amount on the first day; your claim’s worth depends on your recovery and long-term prognosis.
- Choosing the Wrong Lawyer
TV and billboard ads may feature names like Larry Parker or Jacoby & Myers, but these well-known figures may be retired or deceased, with cases handled by unknown associates and non-lawyer case managers. Instead, look for an award-winning, local attorney with a track record in your community.
Be completely honest with your attorney—surprises at trial can be disastrous.
- Understanding the Statute of Limitations
In California, you have two years from the accident date to file a claim. Miss this deadline, and your right to compensation is lost forever.
The Bottom Line
For decades, I’ve made it my mission to help Coachella Valley residents make smart decisions after an accident. When the insurance company refuses to offer a fair settlement, we file a lawsuit and begin civil litigation—seeking justice for damages, medical bills, and lost wages.
Accidents are stressful and disruptive, but avoiding these common mistakes can make the difference between a denied claim and a fair recovery. If you’re ever in doubt, the safest step is simple: speak to an experienced attorney before you speak to anyone else.
37-Top Lawyer | 10.0/5 Star Career PI/DUI Awards. Experienced and recognized for excellence with 9 Man of the Year | 4 Dale Gribow Days |“Mr. Charity”- recognizing dozens of legal/philanthropic awards… signifying “The Best”. Dale Gribow limits cases and personally answers calls at 760-837-7500, dale@dalegribowlaw.com.
