A car accident is always a traumatic experience, but when injuries are involved, the aftermath becomes even more complex and potentially life-altering. In a high-traffic, densely populated borough like Brooklyn, car accidents are common. Too often, injured drivers unknowingly make mistakes that can harm their ability to seek compensation for their injuries.
Whether you’re dealing with pain, confusion, or mounting medical bills, knowing what not to do is just as important as knowing what to do. Learn more about common mistakes drivers make after a car accident with injuries in Brooklyn, how those mistakes can negatively affect claims, and how a Brooklyn personal injury attorney can help you avoid them.
One of the biggest mistakes injured drivers make is failing to call the police after the accident. Even if the damage seems minor or the other driver urges you to handle it “between us,” always call 911 and request a police officer at the scene. A police report creates an official record of the crash, which:
Without a police report, proving fault becomes challenging, especially if the other party denies liability.
Emotions run high after a crash, and it’s human nature to apologize for the crash, even when you didn’t cause it. But anything you say at the scene can work against you later if you file an injury lawsuit.
Some people interpret an apology as an admission of fault, which can seriously jeopardize your injury claim. In New York, even partial fault can reduce your compensation.
Just stick to the facts and don’t speculate about what caused the accident. Let the police and your attorney determine fault based on evidence.
It’s common for people to refuse medical treatment at the scene because they “feel okay.” But injuries like whiplash soft tissue damage or internal bleeding don’t always present symptoms right away.
If you wait too long to get medical care, the insurance company might argue that your injuries don’t relate to the accident or aren’t as serious as you claim. See a doctor immediately, even if you feel fine. Medical records are key to connecting your injuries directly to the crash.
Many drivers assume that the police report will contain everything needed, but that’s not always true. Try to collect your own evidence, including:
Your personal injury attorney can later use this evidence to establish liability and strengthen your claim.
Soon after the accident, the other driver’s insurer may call you to request a recorded statement. It might sound routine or friendly but be warned: This is a tactic designed to limit the insurer’s financial liability. Common traps include:
Don’t speak to the other driver’s insurance company before you hire an attorney. A personal injury lawyer will handle all communication with the insurer and protect you from saying anything that could hurt your case.
Insurance companies are businesses. Their goal is to settle your case for as little money as possible. They might pressure you to settle before you’ve had time to understand the full extent of your injuries and potential medical costs.
Accepting a quick financial check may seem tempting, especially if you’re out of work and bills are piling up. But once you accept a settlement, you can’t go back and ask for more, even if your injuries worsen.
Posting about your accident on social media is a big mistake. Insurance companies often monitor claimants’ online activity, looking for posts or photos that contradict your injury claims. Even a harmless picture can lead the insurer to argue that your injuries aren’t serious. Stay off social media until your case resolves.
Many injured drivers assume the insurance company will “figure out” who was at fault, but that’s a risk not worth taking. In reality, fault determination can be subjective. Insurers often use any evidence they can to shift some or all the blame onto you.
In New York, even if you’re only found 20% at fault, your total compensation would be reduced by that amount under New York’s comparative negligence rule. You do not have to accept the insurance company’s finding of the percentage of fault. That’s why having an experienced Brooklyn personal injury attorney is critical.
New York’s statute of limitations gives injured drivers three years from the date of the accident to file a personal injury lawsuit. But waiting even a few months can hurt your case because evidence may be lost, witnesses may become harder to find, and insurance companies might claim your injuries aren’t serious.
A personal injury attorney meets all deadlines and files your case correctly, avoiding costly procedural errors. Your legal team walks you through what to do (and what not to do) immediately after the accident, so you don’t make mistakes that could cost you.
A car accident with injuries can be a life-changing event that leaves you physically, emotionally, and financially vulnerable. After an injury accident on the fast-paced streets of Brooklyn, where legal claims are complex and insurers are aggressive, the margin for error is razor thin.
Avoiding common post-accident mistakes and consulting with our experienced Brooklyn car accident attorney give you the best chance at a full financial recovery. You’ll also receive peace of mind about protecting your rights when our experienced legal professionals are representing you. For a free consultation about your case, call Tucker Lawyers today at (516) 399-2364.
