By Alex Stalvey
Accidents happen in an instant, but the decisions you make immediately afterward can have lasting consequences—both for your health and your ability to recover damages. In the moment’s chaos, it’s easy to make missteps that could weaken your case. To protect yourself, your rights, and your future claim, here are five things you should never do after an accident.
- Admitting Fault (Even If You Think You Were Responsible)
One of the most common mistakes people make is apologizing or admitting fault at the scene. Even saying something as simple as “I’m sorry” can be used against you later as an admission of liability. In reality, fault isn’t always clear-cut, and multiple factors—like road conditions, mechanical failures, or the other driver’s negligence—could have contributed to the accident.
What to do instead: It is always in your best interest to have your attorney speak on your behalf. However, that is usually not an option when you have just had an accident and are still on the scene. The best approach is to remain calm, polite, and keep your interactions with others involved short and to the point.
You should always do your best to offer assistance to anyone who may be injured and in need of medical assistance. Other than that, you are not obligated to speak with the other driver or engage in any conversation about who caused the accident.
Stick to the facts when speaking with the other witnesses or the police. Be sure to get the names and contact information for any witnesses who observed the accident but were not present when police arrived. This can be very helpful to your attorney, who can contact the witness and obtain a recorded or written statement. Provide necessary information, but avoid verbalizing assumptions or speculation. Let the insurance companies and attorneys determine fault based on evidence.
- Failing to Call the Police
Even if the accident seems minor, not calling the police can be costly. A police report serves as an official record of the accident, detailing key facts like weather conditions, witness statements, and any citations issued.
Without it, your claim will likely be more challenging to prove. A study by the Insurance Research Council found that police reports are critical in 78 percent of successful accident claims.
I get it. Everyone is in a rush to get somewhere. While it might seem rude to wait for an officer, especially if others involved in the accident admit fault, waiting will likely frustrate everyone involved and possibly make them combative.
It’s important to resist the temptation to go along for the sake of getting along in this circumstance. South Carolina law requires you to report an accident to law enforcement if it results in injury, death, or property damage over $1,000.
What to do instead: Always call 911 and request an officer to document the scene. If police can’t come, take plenty of photos, videos, and detailed notes. In the absence of a police report, you can file a report with your local DMV or police department as soon as possible.
- Delaying Medical Treatment
You might feel fine in the immediate aftermath of an accident, but adrenaline can mask injuries. Some conditions, like whiplash or internal injuries, may not show symptoms for hours or even days. Waiting too long to see a doctor can not only jeopardize your health but also give insurance companies a reason to argue that your injuries weren’t caused by the accident.
In fact, we will frequently help our clients make medical appointments with specialists, even if symptoms aren’t apparent. Research shows that delayed medical treatment after an accident can reduce the settlement amount by 40 percent or more, as insurers argue the injuries weren’t serious or were unrelated.
What to do instead: Get checked out by a medical professional as soon as possible, even if you feel okay. Keep all medical records, which will be crucial in supporting your claim.
- Speaking to the Other Driver’s Insurance Company
Insurance adjusters may seem friendly, but their job is to minimize payouts. If the other driver’s insurer calls you for a statement, anything you say could be twisted to reduce or deny your claim. They may also pressure you into accepting a lowball settlement before you even understand the full extent of your damages.
Trust me, these representatives are well-trained in the art of asking leading questions that will put your claim at risk. A Consumer Federation of America report found that insurance companies underpay claims by up to 25 percent when victims handle negotiations alone.
What to do instead: Contrary to conventional wisdom, you are not required to speak with the other driver’s insurer after an accident. Direct all insurance communications to your attorney. If you don’t have one yet, politely decline to give a recorded statement and seek legal advice before discussing your case with any insurer.
- Posting About the Accident on Social Media
In today’s digital world, it’s second nature to share major events on social media—but this can be a big mistake after an accident. Insurance companies and defense attorneys scour social media for anything they can use to challenge your claim, and the courts in South Carolina will allow it. A simple post saying “I’m okay” or a picture of you out with friends could be used to argue that your injuries aren’t serious.
What to do instead: Avoid discussing your accident, injuries, or recovery on social media until your case is resolved. Even seemingly innocent posts can be taken out of context.
Final Thoughts
The moments after an accident are stressful, but the steps above can protect your health and legal rights. Avoiding these five common mistakes ensures you can strengthen your claim and improve your chances of getting the compensation you deserve.
Consulting an experienced personal injury attorney can make all the difference if you feel unsure about what to do. My team and I will always make ourselves available because we recognize you will have questions and want you to be treated fairly.
Have questions about what to do after an accident? Contact us today for a free consultation.
