15 Common Mistakes to Avoid After a Motor Vehicle Accident
Motor vehicle accidents are distressing events that can trigger a domino effect of issues if not handled correctly. By avoiding these common mistakes, you can safeguard your rights and increase the likelihood of securing fair compensation. Transport Canada’s National Collision Database (NCDB) serves as a crucial resource, offering a comprehensive view of the impact of these incidents.
In 2021, serious injuries resulting from motor vehicle accidents surged to 8,185, marking a significant 4% increase from the preceding year’s statistics, while the overall number of injuries climbed to 108,018, reflecting a 3.6% rise.
In this article, we’ll discuss the 15 common mistakes to avoid after a motor vehicle accident to ensure that you protect yourself and your rights.
1. Fleeing the Scene
Panic may drive individuals to leave the scene in the chaos following an accident. However, fleeing the accident site is illegal and can have severe consequences. It is vital to stay calm, exchange information with the other party, and await the arrival of the police.
Leaving can expose you to hit-and-run allegations and place your legal standing at risk. By staying and exchanging details, you safeguard yourself from potential legal complications and contribute to a smoother resolution of the situation.
2. Not Providing Detailed Information to Authorities
When interacting with the police, provide a detailed motor vehicle accident report about the collision and everything leading up to it. Do not withhold details, as this information becomes crucial in establishing liability. A police record is often one of the first resources legal counsel consults.
3. Not Following Proper Procedures at the Scene
Do not leave the scene without obtaining the other driver’s information, including insurance details. Avoid negotiating directly; demand the necessary documentation and avoid relying solely on the police or insurance companies.
Avoid moving your vehicle unless necessary for safety reasons. The post-collision vehicle position plays a pivotal role in determining fault. By preserving these positions, you assist investigating officers in making accurate determinations about the mechanics of the collision.
4. Ignoring Follow-Up Medical Care
One of the most significant mistakes after a motor vehicle accident is neglecting to seek medical attention promptly.
Even if injuries seem minor, some conditions may not manifest immediately. Prioritize your well-being and that of others by seeking professional medical help promptly.
5. Neglecting to Collect Crucial Evidence
After addressing immediate medical concerns, collecting evidence from the accident site is imperative. This evidence aids your motor vehicle accident lawyer in building a solid case.
Capture photographs or videos to substantiate your case, helping establish responsibility for the collision. However, it’s crucial to avoid interfering with the police investigation while gathering necessary information.
6. Not Communicating With Paramedics to Document Injuries Thoroughly
Similarly, do not withhold information about injuries from attending paramedics. Report every ache and pain using descriptive language. Establishing a paper trail of injuries and impairments begins with ambulance call records, where first responders document initial symptoms.
Moreover, paramedic reports are crucial evidence when filing a motor vehicle accident claim or pursuing legal action. They establish a link between the accident and your injuries, helping strengthen the validity of your claim.
7. Ignoring Emotional Damage
Often, individuals focus solely on physical injuries or vehicle damage, inadvertently neglecting the emotional aftermath. It’s essential to recognize that emotional distress is a valid aspect of the aftermath, and ignoring it can hinder the overall recovery process.
Addressing emotional damage is not only a vital component of the recovery process, but also pivotal in securing a just outcome for your post-accident situation. Consequently, ensure that every aspect of your suffering is considered for appropriate compensation.
8. Neglecting to Report the Accident
Insurance companies rely on timely reports to process accident benefits efficiently.
Failure to report within the specified timelines can jeopardize your right to receive statutory accident benefits altogether. Insurance companies may use delayed reporting as grounds to deny or limit benefits.
Beyond benefits, delayed reporting can impact the legal aspects of a case. Timely reporting provides concise documentation of events, aiding in establishing fault and facilitating legal proceedings.
9. Admitting Fault
Admitting fault can be a detrimental mistake. Even if circumstances may seem unfavourable, avoid explicit admissions of guilt. Craft your statements carefully to provide necessary information without unnecessarily incriminating yourself.
Remember, all drivers are responsible for controlling their vehicles, and admitting fault can complicate your ability to seek compensation.
Consult with a legal professional before making any admissions, as you might be mistaken about fault or hold only partial responsibility. Admitting liability upfront may result in forfeiting the compensation you are entitled to.
10. Neglecting Documentation and Witness Testimonies
Documenting the accident scene is crucial. Collect information such as the other party’s details, witness contact information, accident specifics, and any statements made by involved parties or authorities.
Witness testimonies are also vital for establishing accident details and countering false claims. Promptly gather witness statements to ensure their availability and accuracy.
These testimonies contribute significantly to your case, providing valuable support for your account of the incident. Prioritize collecting and preserving witness testimonies to strengthen your legal position.
11. Hastily Accepting Settlement Offers
Hastily accepting settlement offers from motor vehicle accident insurance companies can prematurely conclude your case. Before signing any documents, ensure an experienced personal injury lawyer reviews them.
This precautionary step guarantees that you understand the terms and are not relinquishing your right to seek further compensation.
12. Blindly Signing Documents
Signing documents without proper understanding or under pressure from insurance companies can be detrimental.
Always consult a personal injury lawyer before signing anything, as uninformed consent may lead to relinquishing your right to sue or assuming undeserved responsibility.
13. Revealing Too Much on Social Media
Avoid discussing your claim on social media. Sharing sensitive information about the accident may assist insurers in building a strong case against you. Remember that insurance adjusters frequently use social platforms to monitor claimants.
They actively look for updates and photographs that contradict your claims. They can even distort innocent posts and photos to undermine your credibility.
Be cautious about sharing any details about your accident on social media. Avoid discussing how the accident occurred or how you sustained injuries. Even seemingly unrelated posts can be twisted against you.
14. Not Filing For Claims Immediately
Delaying legal consultation may lead to missed opportunities for collecting evidence and securing witnesses, thereby complicating the process of building a robust case. Furthermore, under the Limitations Act of 2002, you generally have a two-year window from the date of the accident to initiate legal proceedings.
Missing a limitation jeopardizes your claim, making it essential to pursue legal action within this timeframe. Adhering to this deadline is paramount in securing your rights under the statute of limitations.
15. Not Contacting a Personal Injury Lawyer
Are you considering filing a personal injury claim? It’s advisable to enlist the services of a professional motor vehicle accident lawyer to assist you. Opting to navigate the process on your own can result in costly mistakes.
While insurance adjusters may encourage you to proceed without legal representation, their motivation lies in protecting their interests. A personal injury lawyer is familiar with insurance company tactics and possesses the skills to negotiate a fair settlement.
You may compromise your chances of obtaining the compensation you deserve by not seeking legal representation.
Affinity Law: Your Best Ally for a Fair Resolution
If you have been in a motor vehicle accident, you may be entitled to compensation—and we can help you get it. At Affinity Law, we boast expertise in handling a spectrum of motor vehicle accident cases, ranging from car collisions and truck accidents to RV and motorcycle incidents.
Contact us online or call our office at (647) 846-2037 to learn how we can assist you.