Car accidents can be overwhelming and stressful. But what you do (or don’t do) immediately after can impact your ability to get fair compensation down the road. Avoiding these five mistakes can save you a legal headache and put you in a better position to get the most compensation available.
1. Failing to Call the Police and Report the Accident
Texas law requires drivers involved in an accident to report it to local authorities if there is an injury or death. Even if your accident was not as serious, reporting it is the best way to make sure there is documentation and proof of the accident. This will make the rest of the insurance process much easier.
2. Admitting Fault
Texas is an at-fault state, which means if you’ve been in an accident and apologize at the scene or plainly admit fault, you can be limited or barring any compensation that may have been available to you. This includes anything said at the scene of the accident, anything put into writing, and any recorded statements. These can all be used to prove fault by the other party involved, which can ultimately leave you with little or no recovery.
3. Not Seeking Medical Attention or Delaying Treatment
Even if you feel fine or the accident seems minor at the time, it’s important to get evaluated by a doctor. Many injuries like whiplash or a concussion may not show obvious symptoms immediately and delays in treatment can allow injuries to worsen and create gaps in your medical records that the other side will try to exploit. Seeking medical care creates documented proof linking your injuries directly to the accident—something you’ll absolutely need to build a strong claim. Don’t assume you’re uninjured or tough it out.
4. Failing to Document Evidence and Gather Information
In the heat of the moment, it’s understandable if gathering documentation is not your top priority. However, this evidence can make or break your case down the line. Be sure to take plenty of photos and videos from multiple angles capturing vehicle damage, injuries, road conditions, and traffic signals—it’s better to have too many photos than not enough. Jot down detailed notes about the accident, the sequence of events, and any witness information. You should do this immediately after the accident while the details are fresh in your mind. The details you record can be verified by the report made by police when you reported the accident which only strengthens your claim.
5. Negotiating with Insurance Companies Without Legal Representation
Lastly, attempting to negotiate with insurance companies on your own is not only frustrating, it is also not a fair fight. Insurance companies do not have your best interest in mind. They have their own team of lawyers who are tasked with poking holes in your claim and finding reasons to pay as little as possible. Assume anything you say to them can and will be used against you. The best way to avoid potentially shooting yourself in the foot is to employ legal representation who are trained to fight for you.
Call Our Firm Today if You Have Been Involved in a Car Accident in Houston
If you have been in a car accident in Houston, steer clear of these five mistakes: Failing to call the police, admitting fault, delaying medical care, not collecting evidence and documentation, and going it alone without an attorney. Our experienced attorneys at Hernandez Sunosky LLP can help you get the compensation you deserve. Contact us today for your free consultation.