After a crash, reasonable actions can accidentally weaken your claim. Here are the most
common mistakes and how to avoid them:
1) Admitting fault or apologizing. A casual “I’m sorry” can be interpreted as accepting blame.
Stick to facts when speaking with others and the police.
2) Skipping medical care. Untreated injuries may be argued as pre-existing or unrelated. Even
a primary care visit creates crucial documentation.
3) Delaying treatment or therapy. Gaps in care let insurers argue injuries weren’t serious.
Follow up appointments and physical therapy recommendations promptly.
4) Giving recorded statements. Insurers use statements to find inconsistencies. Provide
limited factual info and refer adjusters to your attorney.
5) Posting on social media. Pictures or comments can be used against you. Temporarily
disable or limit public posts until your case resolves.
6) Accepting the first settlement offer. Early offers are often low. Wait until your treatment
completes or you have a reliable prognosis before negotiating.
7) Failing to preserve evidence. Dispose of damaged property, repair the car too quickly, or
lose medical records — all can hurt your case.
8) Not hiring an attorney when needed. Cases with serious injuries, disputed liability, or high
medical costs benefit from legal representation.
9) Missing deadlines. California has statutes of limitations and insurance claim deadlines.
Missing them can forfeit your rights.
10) Trying to handle complex negotiations alone. Attorneys understand valuation, liens, and
negotiation tactics that help maximize recovery.
How to avoid these: document everything, follow medical advice, limit communications with
insurers, and consult an experienced attorney early.
Pain and suffering require credible, ongoing documentation. Effective methods include:
