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Common Mistakes to Avoid When Filing an Auto Accident Claim

by The Cochran Firm Phildelphia   | April 27, 2024

If you’re not used to insurance industry jargon and confusing policy terms, filing a claim for compensation following a car accident can be a nightmare. There are many common mistakes to avoid when filing an auto accident claim, and it’s important to keep them in mind to give your claim the best possible chance at success.

In this post, we’ll discuss the most common mistakes people make when filing auto accident claims and how you can avoid them.

Failing to Gather Adequate Evidence at the Scene

Every successful insurance claim is based on solid evidence, and your role in collecting this evidence begins the moment you have your accident. Failing to collect evidence is one of the most common accident claim errors.

Even if you’re shaken or injured, you should do your best to document the accident scene. Take photos of everything—damages to both vehicles, any visible injuries, skid marks, road conditions, and nearby traffic signs. You should also collect contact information from witnesses, as their testimony can be invaluable.

Leaving the Scene Before the Police Arrive

You’re legally required to contact the police to report any car accident that causes an injury or at least $1,000 in property damage. Police will generally report to the scene of an accident in a case like this; if they do not, you should file a formal report in the nearest police department within five days of your accident.

Leaving the scene of an accident before the police arrive is a mistake that can have serious legal and financial consequences. Per our state’s hit-and-run laws, it’s a criminal offense to leave the scene of an accident without waiting for police, exchanging personal information with other parties to the accident, and providing emergency help to anyone who needs it.

This applies even if you’re not at fault for a collision. You can be the innocent party as far as the crash itself is concerned but still be guilty of a hit-and-run offense if you leave the scene of the accident too early.

Moreover, if you leave the scene, you forfeit the opportunity to present your side of the story to the police, which can hurt your insurance claim later on. By staying put, you ensure that the incident is properly documented and that your rights are protected, which is essential for securing fair compensation.

Failing to Seek Legal Advice

The legal process surrounding auto accidents can be complex, with various laws, deadlines, and insurance company requirements at play. If you don’t enlist the help of an experienced car accident attorney, you’ll be at risk of making a serious mistake and jeopardizing your entire claim.

A lawyer will be able to handle communication with insurance companies on your behalf, gather evidence, and advise you on the best course of action in your situation.

They can also help you to understand the true value of your claim, taking into account not just immediate expenses but also long-term costs like ongoing medical treatment and lost wages.

Filing Mistakes

Insurance companies deliberately make their claims processes difficult to understand so that accident victims will make mistakes and potentially endanger their right to compensation. You might think that submitting an insurance claim will involve nothing more than filling out a few forms, but the reality is that it can be a minefield.

Common filing mistakes you should be aware of include:

  • Submitting an incomplete or inaccurate claim form: The claim form is the document you submit to your insurance company to officially request compensation following an auto accident. It details the specifics of the accident, including the parties involved, the extent of damages, and any supporting evidence. Submitting a claim form that is incomplete or contains errors can delay the processing of your claim or even result in a denial. Claim forms often have complex structures and a lot of fine print, so you need to be careful not to miss anything. Double-check every part of the form before you send it in for consideration.
  • Missing deadlines: Insurance companies generally set out deadlines for filing auto accident claims. If you wait too long after your accident to submit a claim form, you may forfeit your right to compensation, so it’s important to research this deadline and get moving quickly after an accident. If you’ve already missed a key deadline, you should consult with a lawyer to find out whether you may be able to challenge a denial on this basis.
  • Failing to keep records of your expenses: You’ll needdetailed records of all your accident-related expenses in order for the insurance company to pay you for them. Without these records, you may lose out on part of your compensation entitlement.
  • Not following up on your claim regularly: Your insurance company may be slow to respond to your claim. This could be because their representatives are busy, or because they’re tactically delaying their response in order to frustrate you. Either way, you need to be prepared to follow up on your claim to ensure things are progressing as required. Enlisting the help of a lawyer can be hugely helpful here, as the company is more likely to take correspondence seriously if it comes from an attorney.
  • Accepting the first settlement offer without negotiation: Insurance companies routinely use low-ball offers to try to limit payouts. You should never accept an initial offer without careful consideration, especially if the company came up with the sum very soon after your initial claim. You need to make sure any offer you accept adequately covers all your accident-related expenses.

Speaking to Your Insurance Adjuster Without Legal Counsel

Insurance adjusters may seem friendly and helpful, but you need to remember that their goal is to minimize the payout on your claim. Adjusters often ask carefully worded questions designed to trick you into sharing information that will damage your claim.

If possible, you should let an attorney handle all insurance company interactions on your behalf.

Posting on Social Media

It’s not uncommon for car accident victims to significantly damage their insurance claims by posting on social media. You might think there’s no harm in posting a video of you going for a walk or playing with your kids; however, your insurer will likely be monitoring your social feeds for anything it can use to attack your claim. Footage of you engaging in physical activity might serve as evidence that your injuries are not as serious as you claim.

We advise many clients to completely forgo social media posting and commenting while their claims are ongoing. This might seem overly cautious, but it’s a better outcome than losing out on thousands of dollars because of a seemingly harmless photo or video.

A Philadelphia Car Accident Lawyer Who Will Fight for You

Insurance is a complex beast. Claimants often make mistakes when seeking their compensation entitlements, and these mistakes can be extremely costly. The best way to ensure you don’t have an avoidable slip-up like this is to work with an experienced lawyer who knows how insurance companies operate and can negate their unfair tactics.

Contact The Cochran Firm in Philadelphia today to schedule a free initial consultation about your case. You can reach us via our online contact form or call 800-969-4400.  

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