Common Mistakes to Avoid When Filing an Auto Accident Claim
December 9, 2024
Pennsylvania law requires drivers to have car insurance. However, when an accident happens, having insurance is only the first step — you also need to leverage that insurance effectively to ensure you receive the compensation you need to fully cover your losses.
You likely are already aware of the legal responsibility to share your insurance information with the other driver in the event of a crash. But exactly how do you file a claim after getting into a car accident? Taking the right approach can make all the difference in the outcome of your claim, and it starts with understanding how to protect that claim and prevent common pitfalls. Here are some of the most common mistakes to avoid when filing an auto accident claim in Pennsylvania.
Discussing Your Accident With the Driver of the Other Vehicle
One of the most common mistakes people make when it comes to these claims happens moments after they are involved in a car accident. Most drivers understand that after they are involved in a car accident, state law requires them to pull over, stay with the vehicle, and share insurance information with the other driver. Since you are required to provide the other driver with your contact information, registration information, and financial information, you may feel the impulse to discuss the accident with them. This is a mistake that could cost you significantly, however.
Perhaps the key problem with discussing your case with the other driver is that you might say something that counts as an admission of guilt. Everything you say to the other driver can potentially be used against you if they file a lawsuit against you or if they share that information with the insurance companies. Your lawyer may be able to repair the situation if you accidentally admit guilt while discussing the crash with the other driver, but it is typically best to avoid the situation at all when possible.
Discussing Your Accident on Social Media
Along the same lines, you’ll want to avoid discussing the accident on social media as well. No matter how tightly you control who can see your social media feeds, any information you post to them is public. While there is generally no physical record when you admit guilt to the other driver in person, a social media post containing any measure of blame could easily be used against you at trial or by an insurance company when you file a claim.
Never give the insurance company evidence that it can use to deny your claim. Posting on social media or discussing the accident with the other driver may only hurt your insurance claim.
Refusing Medical Attention
After a car accident, you might not realize that you suffered a serious injury. For example, soft tissue injuries like whiplash or brain injuries may not be apparent at first. However, when symptoms start to show for these types of injuries, they can be severe and impact your life in many ways. Unfortunately, if you decline medical attention, an insurance company may refuse to pay for these serious injuries. By electing not to seek medical attention immediately, you can give the insurance company two ways to deny your claim.
First, the company can claim that your injuries didn’t result from the car accident. By getting immediate medical attention, though, you can easily avoid this scenario. When you get evaluated, you create a medical record that ties your injuries to the car accident. Even if the injuries aren’t immediately apparent, you can establish a record of what happened in the crash and what types of injuries you might have incurred that have yet to show symptoms.
Second, the insurance company can claim that the severity of your injuries was partially a result of your decision not to receive treatment. Many injuries worsen if you don’t receive immediate medical treatment. While the insurance company may be responsible for compensating you for the injuries you suffered from the accident, it isn’t responsible for paying for treatment for complications that arose if your decision not to get medical attention resulted in those complications. This could mean receiving less compensation than you need.
Were you or a family member seriously injured in a car accident in Philadelphia? Contact Wapner Newman at (215) 569-0900 to ensure you avoid common mistakes when filing an auto accident claim.
Failing to Hire a Lawyer Immediately
Another frequent mistake that many people make when filing an auto accident claim is filing the claim before hiring a car accident lawyer to represent them. You might think that you don’t need a car accident lawyer if you don’t expect to sue the other driver. This belief can cost you thousands of dollars or more.
An insurance company makes money by paying out as little on insurance claims as possible. As a result, it may look for any excuse to deny your claim or to lower the amount it pays you. Also, the process is quite complicated. Any time you make a mistake, it can delay how long it takes for you to get compensation. An insurance company may also prefer that the process take as long as possible because that can make you more likely to drop your claim.
For these reasons, it’s best to hire a lawyer as soon as possible. An experienced lawyer from Wapner Newman can guide you through the process to ensure it proceeds efficiently, and we can take appropriate steps to prevent the insurance company from denying or undervaluing your claim. While hiring a lawyer can be helpful at any time throughout the process, you can typically get the best results by involving a lawyer early.
It’s also important to note that the longer you wait to take action, the less time you have left to file a lawsuit, due to the Pennsylvania statute of limitations. If the insurance company has successfully delayed your claim long enough, you may lose out on the chance to obtain the compensation you are due.
Accepting the First Offer From the Insurance Company
The insurance company doesn’t have to deny your claim to pay you less than you deserve. One of the easiest ways an insurer can save money on your claim is by approving your claim for a lower amount. An insurance company typically has a much better understanding of the true value of a claim than most claimants do. It might offer a few thousand dollars, which may seem like a fair offer, even though it is aware that your claim could potentially be worth tens or hundreds of thousands more. Unfortunately, if you accept that early offer, you may be legally prevented from seeking additional money, even if you discover your injuries were worse than you originally thought.
As a rule of thumb, it’s wise to assume the initial offer from an insurance company is lower than it should be, especially if you receive it before you have undergone all of your medical treatment. If the insurance company is offering you money before your treatment is complete, it may be either estimating the remaining value of your medical care or only offering to pay for the treatment you already received.
Either way, your final costs are likely to add up to more than the money the insurance company is offering. Hiring an experienced lawyer can help you avoid making this mistake. We can carefully examine every offer to determine whether it is fair and negotiate for the proper amount. We can also help you find financial support resources if waiting to get paid is taxing your budget.
Contact a Philadelphia Car Accident Lawyer for Help Filing an Auto Accident Claim
After getting hurt in a car crash, learning how to avoid common mistakes when filing an auto accident claim is vital. One of the best ways to protect both your claim and your future is to consult with a trusted lawyer as soon as possible. The skilled team at Wapner Newman can evaluate the unique details of your case to ensure you pursue every dollar you are owed.
Don’t miss out on the compensation you’re entitled to after a crash. Contact Wapner Newman at (215) 569-0900 to schedule a free consultation with an experienced car accident lawyer to discuss your options today.