After the immediate shock of a car accident, you are left to deal with the aftermath. You’re likely facing vehicle repairs, mounting medical bills, and calls from insurance companies, all while trying to recover from your injuries. It’s a stressful and disorienting time. Unfortunately, the actions you take in the days and weeks following the crash can dramatically impact your ability to receive fair compensation for your damages.
Insurance companies are not in the business of paying out the full value of claims; they are in the business of protecting their profits. They have a team of adjusters and lawyers working to minimize or deny your claim. Here are some of the most common mistakes we see people make that end up hurting their own personal injury settlement.
The Biggest Mistake: Speaking to the Other Party’s Insurance Adjuster
Within a day or two of your accident, you will almost certainly receive a call from the at-fault driver’s insurance adjuster. They will sound friendly, concerned, and helpful. They may ask “how you are feeling” or request that you provide a “recorded statement” to simply “clear up the details.”
This is a trap.
The single most damaging mistake you can make is to speak with the other party’s insurer. Their adjuster is a trained negotiator whose only job is to find reasons to pay you as little as possible. They will use any innocent statement against you. If you say “I’m fine” out of politeness, they will note that you claimed to be uninjured. They will ask leading questions designed to get you to admit partial fault. A recorded statement is not for your benefit; it is a tool they will use to pick your story apart and devalue your claim.
You are under no legal obligation to provide a statement to the other driver’s insurance company. You should politely decline and direct all communication to your attorney. At Sticklen & Sticklen, we handle all communication with the insurance companies from day one, protecting your rights and ensuring you don’t fall victim to these tactics.
Delaying Medical Treatment
Following a collision, your adrenaline is high, which can easily mask the pain of serious injuries like whiplash or internal damage. Many people “feel fine” and decide to wait a few days to see a doctor. This “gap in treatment” is another tactic an insurer will seize upon.
If you wait days or weeks to seek a medical evaluation, the insurance company will argue that your injuries must not have been serious. They may even claim that your injuries were caused by something else that happened after the accident. It is crucial to get checked out by a medical professional immediately, even if you believe your injuries are minor. This creates an official record that links your injuries directly to the car accident, which is a vital piece of evidence for your claim.
Settling Your Claim Too Early
When you have bills piling up, a quick settlement offer from an insurance company can seem tempting. However, accepting an early offer is almost always a mistake. You may not know the full extent of your injuries for weeks or even months. You may require future surgeries, ongoing physical therapy, or be out of work for longer than you anticipated.
Once you accept a settlement, your case is closed forever. You cannot go back and ask for more money, even if your medical condition worsens. An experienced personal injury attorney will advise you to wait until you have reached “maximum medical improvement” (MMI)—the point where your doctors have a clear understanding of your long-term prognosis. This is the only way to accurately calculate the full value of your damages, which include not just your current bills but also future medical costs, lost wages, and your pain and suffering.
If you have been injured in a car accident in Joplin, Columbia, or anywhere in Central or Southwest Missouri, don’t try to face the insurance companies alone. Contact the dedicated personal injury attorneys at Sticklen & Sticklen today for a free, no-obligation consultation. We protect our clients from these common mistakes and fight to get them the full compensation they deserve.