The days following an auto crash can be an overwhelming time for victims. Injured individuals may be buried in medical bills, unable to work, and bombarded with calls from insurance adjusters looking for statements. While payment from the at-fault driver may be available, it is unfortunately easy to jeopardize a claim. By avoiding a few simple mistakes, however, Lafayette car accident victims can preserve their right to compensation. Reach out to a Lafayette car accident attorney to discuss your situation.
Don’t Leave the Scene of a Car Accident
Never leave the scene of an accident. Even if you are the one at fault, you will only make things worse on yourself by leaving. On top of the actual accident, you could be charged for leaving the scene. This is never a good idea.
While at the scene, try your best to stay calm. It is very likely that the other party is just as shook up as you are. Screaming profanities, threatening the other driver, and being aggressive and rude will neither help your injury or your claim. Remember to breathe so you can think clearly to recall the accident facts for when the police arrive on the scene.
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Don’t Give False Statements or Admit Fault
You should do your best to accurately describe the accident as you saw it, but you should never admit fault or make assumptions about the opposing party that are not true. Even if it was your fault, you don’t want to go on record of saying that just yet. Be compliant with the officer(s) on the scene and provide your correct identification, registration, and insurance information as requested.
In Louisiana, any statement by any party to a lawsuit could be used against them, even if it is hearsay. Insurance companies commonly introduce statements as evidence to avoid paying a claim. They may argue that the plaintiff’s admission means they share some or all of the blame for the accident.
Attorneys advise against making statements at the scene because victims are not in the right state of mind. They are in pain, their adrenaline levels are high, and they do not have the presence of mind to objectively evaluate and analyze the situation. Victims are in a better position to recall what happened several hours or days after the incident when they have calmed down and had time to process.
Similarly, crash victims should avoid apologizing to the other driver at the scene. Even if the victim was only trying to be polite, a jury may interpret “I’m sorry” as an admission of fault.
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Don’t Underestimate Your Injuries
Sometimes, the injuries associated with an accident can appear a few weeks after the accident occurred. Don’t assume you are fine if you have not been properly checked by a medical professional. When you do visit a doctor, it is important for you to carefully explain the pain you are experiencing from the accident so that your doctor can treat you accordingly and accurately document your health file. You can speak with a Lafayette personal injury lawyer to help you pursue compensation.
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Don’t Give Statements to the Insurance Company
There is danger in giving recorded statements to the other driver’s insurance company before consulting with an attorney. What a victim says may be spun by the insurance company or its defense counsel and used against them later.
Victims are rarely in a position to understand the accident mechanics, the forces involved, or the science behind the collision. They may believe they know what happened, but uncovering the true cause of a crash is often complicated. Accidents happen quickly, and the drivers involved do not have the time, opportunity, or expertise needed to properly understand them.
In serious car accidents, an accident reconstruction expert may be needed to figure out the cause of the crash and the forces at play. When it comes to a plaintiff’s injuries, serious damage may not become apparent until days after a crash. Even if someone feels fine, there could be underlying complications that do not emerge until a later date. Evaluating one’s health is a task best left to medical professionals.
Remember, the opposing party’s insurance company is not on your side. They may try their best to get out of paying for the accident or reducing the amount they have to pay for. Insurance companies often use terminology that can be tricky and confusing in hopes of negating liability or getting the injured to settle quickly.
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Don’t Prematurely Settle Your Injury Claim
The driver at fault may try to negotiate with you on the accident scene, rather than going through the process of dealing with insurance companies. You should NEVER accept any deal until you have spoken to a lawyer. Failure to call the police and urgency to settle right then should be warning signs to you.
Don’t Cash an Insurance Check
In some cases, the other driver’s insurance company may be quick to offer a settlement check. While it can be tempting to cash it, this can be a serious mistake. An insurance company’s initial offer is often insufficient to cover the full extent of the plaintiff’s injuries, especially given the rising cost of medical care. The danger of accepting a check is that it closes a case, meaning the victim may be unable to pursue additional compensation in the future. If they require ongoing medical treatment or rehabilitation, the initial settlement offer may not cover the costs.
For example, a car accident victim may suffer a back injury that will require surgery in the future. The insurance company’s offer may seem fair at the time, but it is difficult for victims to understand just how expensive their surgery will be. Additionally, an injury may be long-term, preventing them from working in the same occupation in the future. Calculating a fair settlement value is a complicated task, and it takes time to verify the full extent of their injuries and other losses. For this reason, it is best to avoid accepting a check until speaking with a car accident lawyer in Lafayette.
Don’t Wait to Contact an Experienced Lafayette Car Accident Attorney
It could be a mistake to fail to contact an attorney after a car accident in Lafayette. Most accident victims have little to no experience in the legal system. They often do not know what their rights are and how to properly evaluate any settlement offers. For this reason, many accident victims choose to work with an experienced attorney. A lawyer could provide valuable advice and fight tirelessly for maximum compensation.
Many people wait until they are having trouble getting money from an insurance company to seek help from a licensed attorney. This is not a good idea. You should contact a lawyer as early as possible to guide you through the process and obtain the money you deserve. Waiting will only delay the process, cause gaps in medical treatment needed, and hurt your claim. Plus, every state has prescriptive periods (case expiration dates) that could cause you to lose your claim all together.
Contact Laborde Earles in Lafayette, LA, right away to help after your accident. The car accident attorneys at Laborde Earles are here to answer the question of “who is on my side” after an auto accident.
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