After suffering an injury due to a car wreck, it’s vital to take the necessary steps to ensure that you can receive fair compensation. Unfortunately, many people make mistakes that can jeopardize their chances of receiving a just settlement or any settlement at all. For this reason, we at Lewis & Keller want to help you avoid making certain mistakes when filing an accident claim in Winston-Salem, North Carolina.
Read on to learn about eight of the most common mistakes made by claimants, what you can do to protect yourself, and maximize your eventual settlement in your Winston-Salem car accident claim.
- 1. Admitting Fault or Apologizing
- 2. Neglecting To Document the Scene
- 3. Ignoring Medical Advice or Failing To See a Doctor
- 4. Not Notifying Your Insurance Company
- 5. Speaking With the Insurance Adjuster on Your Own
- 6. Agreeing to the First Settlement Offer You’re Given
- 7. Waiting To Start the Legal Process
- What Is North Carolina’s Statute of Limitations for Car Accidents?
- 8. Not Consulting a Lawyer
- What to Do After a Car Accident That’s Not Your Fault
- Don’t Wait–Contact a Car Accident Attorney
1. Admitting Fault or Apologizing
After an accident, you might be tempted to explain–or worse, apologize for–what happened.
DON’T.
Seriously, any kind of apologizing or admitting fault can harm your case. It’s best to stick to the facts and avoid making any statements that could be used against you later on.
By admitting fault, you’re taking responsibility for the collision, which could reduce the amount of compensation you receive.
2. Neglecting To Document the Scene
Document. Document. Document.
Documentation is essential when filing a claim. If possible, take pictures of the accident scene, including both vehicles and your injuries, and gather contact information from any witnesses. This information can be the key to building a robust case.
In addition to taking pictures and gathering witness information, it’s also good practice to file a police report. Obtaining a copy of the police report can be beneficial because it will serve as evidence of the incident and can be used to establish liability.
3. Ignoring Medical Advice or Failing To See a Doctor
Seeking medical attention immediately after a wreck in which you are injured is so, so important!
This is not only for your health, but it also creates a record of your injuries. Failure to follow your doctor’s advice or skipping appointments can harm your case.
If you do not follow the recommended treatment plan, the insurance company can argue that your injuries were not severe enough to warrant compensation or that you made the injuries worse by neglecting to care for yourself.
4. Not Notifying Your Insurance Company
It is essential to notify your insurance company of the crash, even if you do not plan to file a claim with them. Your policy often requires this, and failing to do so could result in your claim being denied. Certain policies may even have specific timelines within which you must report your accident.
Informing your insurance company can also help you understand your coverage and potential compensation options.
5. Speaking With the Insurance Adjuster on Your Own
Insurance adjusters are trained to minimize payouts. Speaking with them on your own can be risky as they may try to get you to say things that could hurt your case. You should definitely have an experienced lawyer handle all communications with the insurance company.
A lawyer can help ensure you do not say anything that could negatively impact your case and can help you negotiate for a fair settlement.
6. Agreeing to the First Settlement Offer You’re Given
Insurance companies often make lowball settlement offers in the hopes that you will accept them and avoid going to court. Remember that you have the right to negotiate (your lawyer can do so on your behalf to ensure a fair settlement) and the first offer is rarely the best offer.
Before accepting any settlement, consult with your trusted legal representative who can help you determine whether the settlement is fair or not.
7. Waiting To Start the Legal Process
Waiting too long to file your claim can seriously harm your chances of success. Evidence can disappear, witnesses can forget details, and memories can fade over time. Too much of a delay could even bar you from seeking damages at all (it’s all about the statute of limitations). So, always be sure to start the legal process as soon as possible to ensure that you have the best chance of receiving the full value of your losses.
8. Not Consulting a Lawyer
Probably the biggest mistake you can make with your claim is failing to consult with a car accident lawyer. An attorney can help you navigate the legal system, negotiate with insurance companies, and build a strong case on your behalf.
We can also help you understand your rights and ensure that you receive fair compensation for your injuries.
What Is North Carolina’s Statute of Limitations for Car Accidents?
GUYS! It’s my favorite answer–it depends. Typically, in North Carolina, you have 3 years from the date of the crash to file a lawsuit. That does not mean waiting 3 years to call a lawyer.
Lawyers need time to prepare for lawsuits and you cannot be ready in 5 minutes. You want to give your lawyer as much time as possible to get ready to file suit.
Also, don’t forget leap years! It can change the timing!
What Can Change the Statute of Limitations?
Well, if someone passes away from the crash, it becomes a wrongful death and the statute of limitations is reduced to 2 years instead of 3.
What else?
How about if a postal truck is involved? It can be different, too!
If the crash happens in another state, the statute of limitations of that state is what applies. If there are minors involved, it can be different.
The safest bet is to stop Googling for legal advice and give our office a call. The peace of mind of talking to a professional to confirm the statute is worth much more than the $0 it will cost to make the call.
What to Do After a Car Accident That’s Not Your Fault
Many people don’t realize this, but North Carolina has a strict rule that if you are 1% at fault for a crash you cannot get a recovery. Insurance companies try to use that rule to avoid paying claims.
If there are any questions at all about how the crash occurred, do what you can do.
- Get the names and phone numbers of all the witnesses who may have seen what happened.
- If you are up for it, look around at what local businesses may have surveillance footage that could have picked up what happened.
- Be sure to let your lawyer know about it so they can send a letter asking the business to keep it.
- If you have dash cam footage, be sure to keep it safe.
While many of us walk away from a crash certain it wasn’t our fault, it’s always good to have as much evidence as possible in case stories change when insurance companies get involved.
Don’t Wait–Contact a Car Accident Attorney
If your life has been affected in the aftermath of a car crash, it is crucial to avoid making the mistakes mentioned above. Taking the proper steps and consulting our team of North Carolina auto wreck attorneys can help ensure that your rights are protected and you can begin moving forward from your accident.
