After being hurt in a collision that wasn’t your fault, you’re likely facing mounting medical bills, lost wages, and a painful recovery process. The last thing you need is to do something that jeopardizes your ability to win the compensation you deserve for your losses. Unfortunately, many accident victims inadvertently harm their cases by falling prey to common claim errors.
I've spent more than 30 years as an Atlanta injury lawyer, and have seen firsthand how simple missteps result in unfortunate consequences for a car crash claim. By understanding and avoiding these pitfalls, you can protect your rights and maximize your chances of securing the accident compensation you’re entitled to under Georgia law. Here are five key claim errors to avoid.
#1: Failing to Seek Prompt Medical Treatment
One of the most critical steps after a crash is getting a thorough medical evaluation. Even if you feel okay at first, some injuries may not immediately present obvious symptoms. Delaying treatment might worsen your condition and also make it harder to connect your injuries to the accident.
So, the insurance company may argue that gaps in treatment mean your injuries either aren't serious or are unrelated to the crash. Don't give them this opportunity. Get medical care immediately, and follow your doctor's recommendations. This establishes a clear record of your injuries and shows you prioritized your health.
#2: Not Calling the Police After an Accident
Even if the incident seems minor and the negligent driver cooperates, skipping this crucial step can seriously affect your claim. Police reports provide official documentation of the accident, including the date, time, location, and parties involved. This report is a valuable asset for establishing the basic facts of how your collision occurred and the police officer’s conclusions about how the at-fault motorist caused it. Without a police report, it may be your word against the other driver's, making it much harder to prove your claim.
Under O.C.G.A. § 40-6-273, you're required by law to report any accident that results in injury, death, or property damage exceeding $500. Failing to do so could result in legal penalties and damage your credibility with the insurance company.
#3: Giving a Recorded Statement to the Insurance Company
After a crash, the negligent driver's insurance company will likely contact you requesting a recorded statement about what happened. An adjuster may pressure you to give an immediate statement or imply that you must do so.
Agreeing to their request is another major claim error. You’re under no obligation to provide a recorded statement, and doing so can seriously damage your case. Insurance adjusters are trained to ask leading questions designed to minimize their policyholders' liability and paint you in a negative light. Even an innocent misstep in how you describe the accident can be used against you.
You should politely decline to give a recorded statement and limit your conversations with the adjuster. One of the benefits of hiring Rechtman & Spevak to represent you on your case is that we’ll handle all communications with the insurance company so it doesn’t take advantage of you.
#4: Accepting the First Settlement Offer
When you're faced with accumulating bills and financial stress, the temptation to accept an insurer’s first offer is strong. Resist this urge. This is almost always a lowball attempt to quickly close your claim before you know the full extent of your damages.
Keep this in mind: once you accept a settlement, you waive your right to seek further compensation, even if your injuries are more severe than initially thought. As your Atlanta injury lawyer, I’ll assess the full value of your claim and negotiate for a fair offer that accounts for all your current and future losses.
#5: Discussing Your Case on Social Media
In today's connected world, sharing details of your life on social media is second nature. But when you're involved in a car accident claim, even seemingly harmless posts can come back to haunt you. An insurance adjuster will search your social accounts for anything they can use to undermine your credibility.
For example, a smiling photo with friends could be used to argue that your injuries aren't that serious. An offhand comment about the accident might be twisted to assign you blame. The best policy is to avoid discussing your accident or injuries on social media. Set your profiles to private and ask friends and family not to tag you or share updates about your condition.
Turn to Rechtman & Spevak to Help Keep Your Claim on Track
After your auto crash, you're likely facing a complex web of medical treatment, insurance paperwork, and legal proceedings, all while trying to recover from painful injuries. Trying to deal with this process alone might be another costly claim error.
To help our clients win the compensation they deserve, it’s our job to handle every aspect of car accident claims, from gathering evidence and negotiating with the insurance company, to fighting for your rights in court if needed. With our skilled legal counsel on your side, you can focus on what matters most—healing and putting your life back together after the incident, while we fight for the best possible outcome in your case.
