5 Mistakes That Hurt Your Car Accident Claim in Birmingham
Alabama law allows auto accident victims to recover compensation for their injuries. However, some survivors may hurt their claim by making mistakes or failing to take certain steps. This could lead to them getting less than they deserve, or even no money at all.
If you or a loved one was in a wreck, you should contact an experienced Birmingham car crash lawyer right away. Our attorneys at Hare Wynn can guide you through the claims process to ensure you don’t make any errors that could hurt your chances of success.
5 Mistakes That Can Hurt Your Birmingham Car Crash Claim
There are many mistakes that can adversely affect Birmingham car accident claims. However, these are the five most dangerous mistakes you should avoid.
Not Seeking Medical Treatment
The first mistake car crash victims make is not getting medical care because they think their injuries aren’t serious. In reality, they are putting their health at risk and hurting their chances of a successful compensation claim.
Many crash injuries aren’t immediately apparent. They could take a day or two before showing up. You might not notice an internal injury. An injury could worsen or even be fatal without proper treatment.
Your medical diagnosis, records, and hospital bills are all relevant evidence for your claim. These documents prove your injuries were caused by the car crash and show the cost of your treatment. If you don’t see a doctor, you won’t have these documents. An insurance company may then use this as an excuse to deny your claim.
Alabama follows the principle of contributory negligence. This means that plaintiffs can’t recover damages if they contributed to an accident in any way, even if they are only 1% at fault.
You must be extremely careful about what you say after a car accident. Even a simple “I’m sorry” could be interpreted as an admission of fault and used against you by the defendant and their lawyer. The best course of action is to not discuss fault with the other driver or anyone besides your lawyer. Leave determining who is at fault to the police.
Speaking to the At-Fault Driver’s Insurance Company
Alabama is a fault accident state. So, the responsible driver covers the losses of an accident.
Insurance companies use many tactics to escape liability in order to get out of paying. One such tactic is to ask the injured victim for a statement.
When the insurer approaches you, they will be watching for you to say anything they can use against you. Many times the insurer will approach you immediately after the collision when you may still be disoriented. It’s best to not talk with the at-fault party’s insurer. If you must say anything, ensure that your attorney is present.
Waiting Too Long to File Your Claim
Under Alabama law, you have a limited amount of time frame to file a personal injury claim. The statute of limitations gives victims two years to file a car accident lawsuit. If you don’t file your claim by the deadline, it will be denied.
The statutory limitation isn’t the only reason you need to act quickly. You also need to preserve relevant evidence. For example, witnesses’ memories may start fading with time. In addition, you may lose crucial documents by waiting to file your claim.
Posting on Social Media
Social media is a great way to stay in touch with friends and family. But posting about a Birmingham car crash can severely harm your case.
As we have said before, the at-fault party’s insurer will be looking for ways to discredit your claim. This includes checking your social media. If there are contradictions in the story you put online, the insurance company can challenge your compensation claim.
An insurance company may even point to an image of you smiling and enjoying an evening with friends as evidence that your injuries aren’t as severe as you claim.
Check out our blog post about social media and personal injury claims for more information.
Contact Hare Wynn Today
If you or a loved one was hurt in a Birmingham car crash, Hare Wynn is here to help. Our firm has been helping those hurt due to others’ negligence for over 130 years. We have recovered over $2 billion on behalf of clients.
Schedule your free consultation today by calling 855-965-1688 or filling out our contact form. We work on a contingency basis, meaning you pay nothing until we win compensation for you.