Common Mistakes in a Car Accident Lawsuit

In a car accident lawsuit, the other driver may be completely at fault, but if you don’t take the appropriate steps, your claim could be denied. The insurance company will do everything within its power to pay out as little as possible on your claim.

If you have been in a car accident in Texas, you need the guidance of Cesar Ornelas. We have helped many car accident victims such as yourself secure fair settlements.

Mistake #1: Not Calling the Police

After a car accident, you will want to notify the police so that an officer can come and take a police report. The police report will detail the date, time, and location where the accident took place. It will also include a description of road conditions and the other vehicles involved.

The report will include crash-related details and who the police officer deduces is at fault for the collision. The police officer will also take the testimony of any eyewitnesses present at the accident scene. 

If you don’t call the police, then no report is filed on the accident. Although you can file an insurance claim without a police report, it is helpful in providing evidence for your claim.

Mistake #2: Not Getting Medical Care

Another big mistake after a car accident is not seeking medical care, even if you don’t have any noticeable injuries. Some people think that if they are not outwardly hurt, then they can just return to their normal routine following an accident.

Getting a medical evaluation right away is key to taking care of yourself after a car crash. Following an accident, adrenaline can cover up the actual pain you are feeling. Many traumatic injuries can be internal and not easily seen. A doctor’s examination will document any injuries you have and will afford you a larger settlement. 

Mistake #3: Not Getting Photos from the Accident Scene

A picture is truly worth 1,000 words. After being involved in a collision, you will want to document all the angles of your vehicle, showing damage. You will also want to take pictures of the other vehicle that was part of the crash and any street signs documenting your location. All of this can be used as visual evidence in your case. If you were too injured to take photos, someone else likely did, and your lawyer can seek out this evidence.

Mistake #4: Giving the Insurance Company a Written or Recorded Statement

Once you file a claim with your insurance company, they may ask for a written or recorded statement. Never do so without first consulting an attorney.

The insurance company knows that you are frazzled following an accident, and they are hoping to catch you at your worst. When speaking to an insurance company, you never want to admit fault, speculate about the accident, or downplay the severity of your injuries.

Mistake #5: Accepting a First Settlement Offer

Car insurance companies will want to settle your offer as quickly and cheaply as possible. Every insurer’s goal is to pay as little as possible on a claim. The first settlement offer is normally 40% of what your case is really worth.

Never accept a settlement offer without first speaking with a car accident lawyer.

An Experienced El Paso Car Accident Lawyer Offering Legal Direction

In any accident claim, you want an experienced car accident lawyer by your side. An experienced lawyer will know what next steps need to be taken. 

Our firm will help you in reviewing and submitting your claim. We will work with the insurance adjuster to negotiate the settlement you deserve. Contact us today to schedule your free consultation.

Autor

Kirk Mathis specializes in cases involving automobile collisions, truck wrecks, medical malpractice, product liability, environmental damage, insurance claims, and premises liability. Mr. Mathis is licensed to practice in Texas as well as Federal Court in the Eastern District of Texas, Western District of Texas, Southern District of Texas, District of Colorado, and the Central District of Illinois.