Mistakes to Avoid After a Car Accident in Queens, NY
The aftermath of a car accident can be frightening and overwhelming, but your actions in the hours, days, and weeks following one can protect not only your safety but your legal rights. The good news is that learning what to do and what not to do after a car accident is relatively simple, and help is available when you’re feeling overwhelmed.
The experienced car accident lawyers at The Tadchiev Law Firm, P.C. have extensive experience leading clients through the aftermath of a motor vehicle crash and fighting for maximum compensation on their behalf. We’ll explain some key mistakes to avoid after a car accident, and offer tips on strengthening your case when seeking justice for your car accident injuries.
Admitting Fault for the Accident
It’s natural to feel the urge to apologize or even accept some blame after a motor vehicle accident. However, assessing fault in the immediate aftermath of a wreck is nearly impossible, and simply saying “I’m sorry” can be twisted into an admission of guilt should you eventually seek compensation. That’s why you should avoid admitting fault or apologizing when an accident occurs.
Determining liability involves careful investigation, analyzing police reports, collecting witness statements, and sometimes even consulting accident reconstruction specialists. The truth is that you can rarely know who and what caused the accident until all of these things have been assessed. Any speculation before that can weaken your claim, regardless of who was truly responsible.
Not Calling the Police
Car accidents can be incredibly stressful, and contacting the police to file a report certainly adds to that stress. However, failing to call the police after an accident is a big mistake. For one thing, you are legally required under New York law to report an accident resulting in injury, death, or over $1,000 in property damage. You don’t need any legal issues further complicating the situation.
More importantly, police reports are often crucial evidence in car accident claims. They provide official documentation of the date, time, and nature of the accident, while also identifying the involved parties, providing written statements from them, and offering an initial fault assessment. If the other party doesn’t want you to involve the police, it’s likely because they don’t want this evidence to exist. After any crash, move somewhere safe and call 911 right away.
Not Gathering Evidence
Both police and your attorney will conduct investigations, but you can also strengthen your case by gathering evidence immediately after the accident. Provided you’re physically able to do so, be sure to:
- Document the Accident Scene – Take photos and videos of vehicle damage, accident debris, skid marks, traffic signs and signals, road and weather conditions, the surrounding area, and any visible injuries.
- Collect Personal Information – Collect names, contact information, driver’s license and plate numbers, and insurance details of all involved parties, as well as names and contact information of any witnesses.
- Keep Careful Records – On top of proving that the other party caused the accident, you must also show the extent and impact of the damage they caused. Do this by keeping an organized file of all medical records, financial documents, medical bills, invoices, receipts, proof of lost wages, and any other relevant documents.
No matter how clear it may seem to you that the other party was responsible for the accident, it’s still crucial to gather as much evidence as possible. By doing so, you’ll be building a powerful foundation for your claim.
Not Getting Medical Attention
Failing to seek medical attention is one of the biggest mistakes to avoid after a car accident. Even if you feel okay or your injuries seem minor, it’s critical for your own safety to see a healthcare provider. Certain injuries, like whiplash or concussions, may not show immediate symptoms, and others can worsen over time without proper care. Prompt medical treatment can identify these injuries well before you might realize how you’ve been hurt.
Getting medical attention also creates critical documentation that links the accident to your injuries. Insurers may attempt to downplay your injuries or claim the crash didn’t cause them. Your medical records can counter both of these tactics and protect your rights.
Failing to Report the Collision to Your Own Insurer
You should always notify your insurance company about an accident, regardless of who was at fault. New York uses a no-fault insurance system, which means your own insurance policy is responsible for covering your medical expenses and lost wages up to your policy limit, no matter who caused the accident. Failing to report the crash to your insurer could result in them denying your no-fault benefits.
However, while reporting the incident is essential, you should always exercise caution when communicating with insurers. Be honest, keep it brief, and remember not to admit fault or offer any recorded statements until you’ve spoken with an experienced car accident attorney.
Talking to Insurers Without a Lawyer
The other party’s insurance company may contact you after the accident to ask some questions. They may seem friendly or concerned, but it’s critical to keep in mind that they are not there to help you. Insurance companies are out to protect their profits by weakening your claim and minimizing your payout.
If an insurer contacts you, they may ask leading questions or request recorded statements that can be used against you when seeking compensation. Don’t provide them with any opportunities to do so. Contact a skilled personal injury lawyer who’s familiar with these insurance company tactics and let them handle all communications with the insurer.
Accepting a Quick Settlement
Another one of the biggest mistakes to avoid after a car accident is taking the first settlement you’re offered. This can be tempting, particularly if you’re facing significant medical bills or missing work, but early offers are rarely fair. Insurance companies know that most people want to put the accident behind them and address their growing financial issues as soon as possible. This means many accident victims may take a lowball offer before assessing the potential value of their case.
Once you’ve accepted a settlement, you typically waive your right to pursue additional compensation. Insurance companies are banking on this when they make these lowball offers in car accident cases. Allowing an experienced car accident attorney to investigate your case, calculate compensation, and negotiate for a fair settlement can make your payout substantially higher.
Talking About Your Case or Injuries on Social Media
Many car accident victims will share the details of their crash and update family and friends about their condition on social media. However, anything you post can be used against you when seeking compensation. Even seemingly harmless pictures, captions, or comments can be twisted by insurers and used as evidence that your injuries are exaggerated or unrelated to the accident.
Even if you’re posting from a private account, assume that the defense can find your posts or even subpoena them. Share nothing about the accident or your injuries online, and if possible, avoid posting on social media altogether until your case is resolved.
Waiting Too Long to Start a Claim
In New York, you typically have three years from the date of the accident to file a personal injury lawsuit. However, for claims against government entities, the deadline is far shorter. You have 90 days to file a Notice of Claim and then one year and 90 days to file a lawsuit. Missing these deadlines usually means missing your opportunity to seek your rightful compensation.
No matter what the timeframe may be for your particular case, it’s crucial to act swiftly when pursuing a car accident lawsuit. The legal process takes time, evidence can be destroyed or lost, witness memories can fade, and insurance companies often employ stalling tactics. Call a New York City car accident lawyer and get your case started as soon as possible.
Not Contacting a Car Accident Attorney
Pursuing a car accident claim on your own can be a tremendous challenge, particularly while you’re facing financial difficulties and recovering from an injury. An experienced car crash lawyer can remove that burden while you focus on healing. Not only can they lead you through the entire legal process, but they also know what not to do after a car accident, which means you can avoid critical errors by hiring one right away.
Many car accident victims who avoid contacting a lawyer are concerned about the cost. However, The Tadchiev Law Firm, P.C., works on a contingency fee basis. That means you pay nothing in legal fees unless we win your case. We can even assess your case for free so you can understand your legal options without risking further financial distress.
Our Queens Auto Accident Lawyers Are Here to Help with Your Case
If you’ve suffered injuries in a car accident caused by someone else, your next steps can determine the outcome of your personal injury claim. The Tadchiev Law Firm, P.C., can help you take the appropriate action to strengthen your case and seek fair compensation. Contact us today for your free consultation with our Queens car accident lawyers.