If you have ever been in a car accident, you know how traumatic they can be, whether just resulting in minor damage or totaling your car and causing significant physical harm. At that moment, you are not in a good position to be deciding what to say to other drivers, the police, and insurance company representatives. Clients often ask us, “what should I have had said?” By the time you are asking that questions, however, you may have already cost yourself a significant amount of money. As a simple advice, here are the five things you should never say or do after a car accident.
I’m Sorry
It may seem uncivilized, but apologizing for an accident is often misconstrued as claiming fault for it. Apologizing for the accident, or suggesting that it was unavoidable, may later be twisted to suggest that you caused the accident. At that moment, you actually have no idea what caused the accident—were the roads unreasonably maintained, was there a mechanical defect in a vehicle, was the other driver impaired—and it is premature to be assigning or claiming fault.
I Guess So
Police officers and insurance company representatives are going to ask you a lot of questions after an accident, some innocent fact-finding and some aimed at assigning blame. There is a human instinct to try to help people answer the questions they are asking you by saying “I guess so” or “that sounds right.” It is much better to say “I don’t know” in those situations. First, it is true, as people rarely have a full grasp of all of the facts involved in an incident. Second, if your assumptions are proven wrong later, saying “I guess so” may suggest that you were lying, not just trying to be helpful.
I’m Fine
Most people are caring and want to know about your physical condition. Medical professionals and witnesses often want to make sure you are not in danger. But after an accident, you are not in a position to assess your physical condition. Trauma clouds your judgment. Many serious conditions take time to develop and having said that you are “fine” at the time of the accident will undermine your subsequent efforts to be compensated for that harm. Take the time to have a medical professional assess your condition, and wait to declare that you are “fine” until he or she tells you that themselves.
Stay Off Social Media
Posting on social media after an accident about the accident or your injuries may come back to haunt you. Saying that “I wasn’t hurt” or “I’m lucky to feel OK” now may negate later statements by medical professionals that you actually were suffering from an injury at that time that may not have started to bother you yet. Statements regarding your pain or fault will be used by insurance companies to dispute your claims later. So refrain from making any statements on social media until your case is over.
I Don’t Have an Attorney
Insurance companies want to dispose of a case as quickly and as cheaply as possible. They are likely to offer you money early on as a result of an accident, especially in the early days before you have had a chance to attain legal representation. Instead of saying “I do not have an attorney” say that you are still considering legal representation or do not have an attorney yet. The financial offers at this early stage of the case are the lowest they will be, delaying negotiations with the insurance company will likely result in their offer to increase. The threat of current or future legal representation will make insurance companies less likely to try to sway your judgment with low-ball offers now,
Contact Barrett Law now if you have been in an automobile accident or are dealing with insurance companies.
Barrett Law is an experienced Mississippi law firm with a seasoned Mississippi Automobile Accident Attorney ready to talk with you now. Calling us at (601) 790-1505 can mean the difference between being compensated what you deserve after an accident and having to live with injury, property damage, and financial uncertainty. We are standing by now to provide you with the advice you need to navigate this difficult time.
