A car accident can turn your day upside down in a matter of seconds. In the moments that follow, it is easy to feel overwhelmed, confused, and unsure of what to do next. Unfortunately, the decisions that you make after a car crash can have a major impact on your health, finances, and your ability to recover compensation for your losses.
It is understandable to not know what to do after an accident. Avoiding more common mistakes, like failing to get medical attention, admitting fault, or talking to the other driver’s insurance company, can help to protect your rights. A West Virginia car accident attorney can then fight for your right to full compensation for your property damage, medical bills, lost wages, pain and suffering, and other losses.
At Johnstone & Gabhart, we have helped thousands of injured West Virginians navigate the aftermath of serious car accidents. We want you to get the money that you deserve for your injuries, which is why we believe that everyone should know what to do and what not to do after an auto accident. Reach out to our law offices today to schedule a free consultation with a West Virginia personal injury lawyer.
Mistakes to Avoid After a West Virginia Car Accident
After a car accident, you will likely be shaken up and in pain. In a traumatic, overwhelming situation, it can be hard to know exactly what to do. Below, we list some things that you should avoid doing in order to protect both your health and your rights.
1. Don’t Skip a Medical Assessment
One of the most damaging mistakes that many car accident victims make is assuming that they are fine because they do not feel immediate pain. Adrenaline can mask symptoms for hours or even days, making it hard to know if you are hurt or not. There are many types of injuries, such as whiplash, back injuries, internal injuries, and soft tissue damage, that often have delayed symptoms.
Getting immediate medical care protects your health, as early diagnosis can prevent complications and ensure that you receive proper treatment. It also helps to create documentation that links your injuries to the accident. This can be incredibly useful to prevent insurance companies from disputing that your injuries were caused by the accident.
2. Don’t Ignore Your Doctor’s Advice
Seeking medical care after an accident is just the first step. You also must follow your doctor’s recommendations. This may include:
- Attending follow-up appointments
- Taking prescribed medications
- Participating in physical therapy
- Following activity restrictions
- Getting recommended imaging or specialist evaluations
If you ignore treatment recommendations, the insurance company may argue that you made your condition worse by failing to follow medical advice. Insurers may also argue that your injuries weren’t that serious or that you recovered more quickly than you claim. Consistent treatment supports your recovery and strengthens your legal claim.
3. Don’t Forget to Gather Evidence and Information
One of the biggest mistakes that people make after a car accident is leaving the scene without collecting important evidence. The moments immediately after a crash are often the best opportunity to document what happened.
If you can, you should collect the following evidence:
- Photos of the vehicles, damage, skid marks, debris, and road conditions
- Pictures of your injuries, if visible
- The other driver’s name, contact information, driver’s license number, and insurance details.
- Contact information for any witnesses
- The responding police officer’s name and badge number
- The police report number
Evidence can disappear quickly. Vehicles are repaired, skid marks fade, and witnesses become harder to locate. Strong evidence can help to prove fault and support your injury claim later.
4. Don’t Forget to Report the Accident and Notify Your Insurance
In West Virginia, you are required to report a car accident to law enforcement if it results in injury, death, or significant property damage. Failing to report the crash can create legal problems and weaken your claim.
You should also notify your own insurance company promptly. Most insurance policies require timely notice of an accident. When you do talk to an adjuster, stick to the basic facts, such as:
- When and where the accident happened
- The vehicles involved
- Whether police responded
- Whether injuries were reported
Avoid giving detailed recorded statements before you understand the extent of your injuries or have spoken with an attorney.
5. Don’t Admit Fault
After a crash, many people instinctively say things like “I’m sorry,” “I didn’t see you,” or “It was my fault.” Even polite or casual comments can later be interpreted as you taking responsibility for the accident.
Instead, you should remain calm and exchange information, but do not discuss who caused the accident. Let the police, insurance companies, and your attorney investigate the facts.
West Virginia follows a modified comparative negligence rule, which means that your compensation can be reduced if you are found partially at fault for an accident. If you are more than 50% responsible, you may be barred from recovering damages altogether. That is why avoiding any suggestion of fault is so important.
6. Don’t Talk to the Other Driver’s Insurance Company
Soon after the accident, you may receive a call from the other driver’s insurance adjuster. They may sound friendly and helpful, but remember: their goal is to minimize the amount that the insurance company pays.
Adjusters use different tactics, like asking you for a recorded statement, asking leading questions about fault, pressuring you to settle quickly, requesting broad medical authorizations, or getting you to downplay your injuries. Remember that you are not required to give a recorded statement to the other driver’s insurance company. Politely decline and refer them to your West Virginia car accident lawyer instead.
7. Don’t Jump into a Quick Settlement
After a crash, financial pressure can be intense. Medical bills pile up, your vehicle may need repairs, and you may be missing work. Insurance companies know this and sometimes offer quick settlements before you fully understand your injuries.
A quick settlement often won’t account for things like future medical treatment, ongoing pain and suffering, lost earning capacity, permanent disability or impairment, and long-term rehabilitation. Once you accept a settlement, you will sign a release that prevents you from seeking additional compensation later. That is why it is so important to take your time and talk to a lawyer before agreeing to any settlement.
8. Don’t Wait Too Long to Hire a Personal Injury Attorney
Many people think that they should wait until negotiations stall or a problem arises before contacting a lawyer. In reality, speaking with an attorney early can make a significant difference in the outcome of your case.
A West Virginia car accident lawyer can:
- Investigate the accident and gather evidence
- Obtain and review the police report
- Identify all potentially liable parties
- Handle all communications with insurance companies
- Calculate the full value of your damages
- Negotiate a fair settlement
- File a lawsuit if necessary and represent you in court
The sooner you get an attorney involved, the sooner evidence can be preserved. Early legal guidance can also help you avoid many of the mistakes discussed in this post.
Work with an Experienced Charleston, WV Car Accident Lawyer
Being in a car accident can be scary. It also isn’t always obvious what you should do in the minutes, hours, and days after a crash. Our law firm can help to guide you and protect your legal rights.
Johnstone & Gabhart represents victims of all types of accidents, working diligently to get them maximum compensation for their losses. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a West Virginia car accident attorney, give us a call at 866-808-2016 or fill out our online contact form.
