Call Us Now
Text Us Now
Filing an auto accident claim should be easier than it is. Many people try to handle their own claims after an accident, only to discover they are making no headway in receiving fair compensation. Call Fontenot Law, P.C. to discuss your case. We have years of experience with auto accident claims, and our legal team can step in to gather evidence and negotiate a settlement with the at-fault motorist or their insurer. Below, we look at key mistakes to avoid with your claim.
Mistake #1: You Do Not Call the Police
Having an officer come out to the scene is critical for accident victims. The officer will create a crash report, which contains important information about the wreck, including the date, time, and location. An officer can also speak to witnesses.
Furthermore, the responding officer can investigate if the other driver was intoxicated. Nothing is more helpful to a case than a high number blown on a breath test. If you don’t call the police, you won’t have this solid evidence to use.
Maybe you are too hurt to call, in which case, ask someone else to call for you.
Mistake #2: You Apologize for the Accident
Something as simple as “I’m sorry” could end up costing you thousands of dollars. Utah recognizes comparative negligence, and a victim’s compensation is reduced by their share of fault. If you are 50% or more to blame, then you will receive nothing at all.
You can avoid this mistake by busying yourself until the cops arrive. Take photographs and document the scene.
Mistake #3: You Neglect to Document the Scene of the Accident
There is so much important evidence for your case at the scene. We recommend:
- Photographing the cars involved in the crash, while zooming in on the dents.
- Talking with witnesses and getting their contact information.
- Taking pictures or video of anything else that contributed to the crash, such as an obscured or missing stop sign, or a big pothole in the road.
This evidence will disappear, which is why you need to gather it now, at the scene. With the passage of time, witnesses can wander away, never to be found again.
Mistake #4: You Self-Diagnose and Self-Medicate Your Injuries
You need to go to the hospital to have a doctor properly diagnose your injuries. Tell them where you feel pain, and your doctor can order x-rays or other tests. Those people who diagnose their own injuries usually delay their recovery. The defendant can also allege you are partially to blame for your pain because you did not take reasonable steps to get better.
Avoid this problem by going to the hospital when you finish at the accident scene. And head back to the doctor if you develop new symptoms.
Mistake #5: You Give a Recorded Statement to the Insurance Adjuster
An insurance company will probably reach out in the weeks after a crash. They might even ask you to answer questions in a recorded statement.
Please avoid giving any statement. You probably are not thinking clearly so soon after the accident, and the claims adjuster could try to get you to say something that you don’t believe. Something as simple as saying you were tired the day of the crash could show up later, with the defendant arguing you were fatigued and partially to blame for what happened.
Mistake #6: You Accept the First Settlement Offer
The first offer is almost always too low. Insurance companies exist to make money, with treating victims fairly coming way down on the list of priorities. Their first offer will likely be too small, so you should decline it and then contact an attorney. Fontenot Law can review the facts of your case and then negotiate for fair compensation.
Mistake #7: You Do Not Document the Full Cost of the Accident
To make a strong auto accident claim, you need solid evidence of your damages:
- Car repairs. How much did it cost? You should have bills or estimates for repairs from a reputable body shop or mechanic.
- Medical treatment. What was the cost of your care? Keep bills and receipts related to treatment.
- Lost income or wages. You can request compensation if you cannot work. Keep a couple recent pay stubs. If you are self-employed, find proof of how much you earn.
An insurance company wants to see full documentation, so take time gathering everything.
Mistake #8: You Hire a Lawyer without Experience in Car Accidents
Not all areas of the law are the same. A criminal defense attorney might be terrific at getting a client’s DUI charge dismissed. That doesn’t mean he can bring a car accident claim correctly. Reach out to Fontenot Law at 801-312-9330 to talk with our car accident lawyers in a free consultation.
