Common Mistakes to Avoid After a Car Accident 

Car accidents are an unfortunate reality of driving, and they happen more often than many people think. Following a car accident, it can be challenging to know what steps to take, especially in emotional and stressful situations.  

At Robert Louis Armstrong Personal Injury Attorney, I have seen clients unknowingly make mistakes that complicate their insurance claims or legal cases. Knowing what mistakes you should avoid immediately after a car accident can significantly impact your ability to receive fair compensation for your damages or injuries. 

Common Mistakes to Avoid After a Car Accident

Being in a car accident is a traumatic experience, however, it’s important to handle the situation carefully. Here are some of the common mistakes that you should avoid after a car accident:  

Mistake #1: Failing to Call the Police 

Always call the police after an accident, no matter how minor it seems. Even if no one appears to be injured, an official police report serves as crucial evidence when filing insurance claims or pursuing legal action. It provides an unbiased account of the incident, which can be invaluable later. 

Mistake #2: Admitting Fault or Apologizing 

It's natural to want to apologize after a car accident, but doing so can be seen as an admission of fault. Avoid making any statements that could be interpreted as admitting fault, as anything you say can be used against you later and have serious consequences for your case. It's best to let the authorities and insurance companies determine fault based on the evidence. 

Mistake #3: Not Seeking Medical Attention 

Your health should always be your top priority. Even if you feel fine after a car accident, it's essential to seek medical attention. Some injuries, like whiplash or internal injuries, may not be immediately apparent, and delaying treatment can worsen your condition. Seeking medical attention right away can provide the necessary documentation for your insurance claim or legal case. 

Additionally, keep detailed records of all medical treatments, including doctor visits, medications, and therapies. This documentation is critical for substantiating your injury claims and securing adequate compensation. 

Mistake #4: Not Exchanging Information 

After a car accident, exchange contact and insurance information with the other parties involved, including names, contact information, driver's license numbers, and insurance details. This will make sure you have the necessary information for filing an insurance claim or pursuing legal action. Failing to do so can make it difficult to file any type of claim. 

Mistake #5: Not Gathering Evidence at the Accident Scene 

It's crucial to document the accident scene and collect as much evidence as possible. This includes taking photos of the vehicles involved, any damage, injuries, skid marks, traffic signals, and the area conditions. It's also important to gather contact information from any witnesses. The more evidence you have, the stronger your insurance claim or case will be. 

Mistake #6: Not Reporting the Accident to Your Insurance Company 

Even if you are not at fault for the accident, it's important to notify your insurance company as soon as possible after the accident. Delays can lead to complications in processing your claim and may even result in denial of coverage. Most insurance policies have specific time frames for reporting accidents, so act quickly. 

Mistake #7: Accepting a Quick Settlement Offer from your Insurance Company 

Insurance companies may offer quick settlements that are tempting but often insufficient to cover all your expenses. Never accept an offer without consulting an attorney first. Once you settle, you generally cannot pursue additional compensation. 

Mistake #8: Not Hiring a Car Accident Attorney 

Consult with a personal injury attorney before making any statements to insurance companies or accepting settlements. An experienced lawyer can guide you through the process, protect your rights, and help you get the compensation you deserve. 

North Carolina Car Accident Laws

If you were involved in a collision in North Carolina, it's important to understand the specific state laws surrounding car accidents. These laws can impact your ability to receive fair compensation and guide your legal actions and responsibilities. Key aspects to be aware of include the state's negligence rules and the statute of limitations for filing a claim. 

Contributory Negligence

North Carolina follows a "pure contributory negligence" rule when determining fault in car accidents. Under this rule, if you are found to be even slightly at fault for the accident, you may be barred from recovering any compensation for your damages.  

This can be particularly harsh compared to negligence rules in other states, where you can often still recover damages even if you are partially at fault. Due to this strictness of North Carolina contributory negligence, gather as much evidence as possible to prove that the other party was entirely at fault. 

Statute of Limitations 

In North Carolina, the statute of limitations for personal injury claims caused by car accidents is generally three years from the date of the accident. If the accident resulted in wrongful death, the statute of limitations is two years from the date of death.  

Failing to file a claim within these time frames will likely result in the court dismissing your case, making it impossible to pursue compensation. 

Insurance Requirements

North Carolina requires all drivers to have mandatory insurance coverage. The state law mandates the following minimum coverage allowances:  

• $30,000 for bodily injury (one person) 

• $60,000 for bodily injury (two or more people) 

• $25,000 for property damage 

Additionally, drivers must carry uninsured motorist (UM) coverage in the same amounts. This helps protect drivers in cases where the at-fault driver lacks sufficient insurance. 

What Actions Should You Take Immediately After a Car Accident in North Carolina?

While it's important to know what mistakes to avoid after a car accident, it's equally important to know what steps you should take immediately following a collision in North Carolina. These steps include: 

• Stay calm and safe: Ensure your safety and the safety of others. If possible, move vehicles out of traffic to a safe location. 

• Check for injuries: Assess yourself, your passengers, and others involved for any injuries. If you discover any injuries, call 911 immediately even if injuries seem minor or aren't apparent. 

• Call the police: Contact law enforcement to report the accident. An official police report is invaluable for insurance claims and legal actions. 

• Gather evidence: Collect contact information, driver's license numbers, and insurance details from all involved parties. Take photos of the scene, vehicle damage, and any relevant road conditions. Also, obtain contact information from any witnesses. 

• Don't leave the accident scene early: Wait for the police to arrive and complete their investigation before leaving the scene. Leaving early could be considered fleeing the scene, which is a criminal offense. 

• Seek medical attention: Even if you feel fine, seek medical attention as soon as possible and keep detailed records of all treatments and medications prescribed. 

• Consult with an attorney: Before speaking with insurance companies or accepting settlements, consult with an experienced personal injury attorney. 

Seek Experienced Legal Counsel

Accidents are stressful and can be overwhelming, but knowing what steps to take can make a significant difference in the outcome of your case. By avoiding common mistakes and following the correct procedures, you can increase your chances of receiving fair compensation. 

If you or someone you know has been involved in a car accident, contact me at Robert Louis Armstrong Personal Injury Attorney to schedule a free consultation. Located in Wilmington, North Carolina, I serve clients throughout the state, including New Hanover County, Pender County, Brunswick County, and Onslow County.