The Top 10 Biggest Mistakes Made in Personal Injury Claims

If you have suffered losses due to the negligence of another person, making your life whole again is your primary concern. While an experienced Colorado personal injury attorney can help you do this, injury and property damage victims can sometimes sabotage their own claims through seemingly innocent acts. Sadly, these innocent acts can turn out to be costly mistakes.

What are the top ten most common mistakes made in personal injury claims?

1. Not notifying the police. Especially for car accident victims, a police report is an integral part of a successful claim. If no one calls the police, there is no formal investigation, and it will be nearly impossible to prove which driver was liable. A police report will help your attorney establish a clear chain of liability and gain the upper hand when negotiating with the insurance company.
2. Failing to get witness contact information. This is only a problem if the witnesses leave before the police arrive. Be sure to get names, addresses, and phone numbers of all witnesses. In addition, be sure to get the information from all parties involved in the accident.
3. Accepting a property damage check and then using it for something other than repairing property damage. Often, adjusters will send a check that is inadequate to cover the damages. If you opt not to repair the damage, the adjuster may argue that you were not truly injured, and deny your personal injury claim entirely.
4. Speaking with an insurance adjuster prior to consulting an attorney. Recorded statements given to insurance adjusters can easily be misinterpreted, and then used to make it appear that you were not injured, or that you are at least partially to blame for the accident. As such, it is important to avoid speaking to the insurance company without first speaking to a lawyer. Your lawyer can advise you on what NOT to say to the insurance company. He or she may even advise you not to speak to the insurance company at all.
5. Signing a release, or any type of document, before discussing it with your attorney. If you are misled into signing a general release, all claims will be settled and you will be prohibited from filing a personal injury claim. DO NOT sign anything without first speaking to your lawyer. Your lawyer will be able to ensure that you are not offered a low-ball settlement and that you have enough money to recover fully from your accident.
6. Attempting to negotiate a settlement without a lawyer. It is not a legal requirement to retain an attorney for all personal injury claims. However, statistics indicate that injury victims are awarded greater settlements with the help of an attorney. In fact, many injury victims are awarded up to 40% more when they have a lawyer on their side.
7. Failing to use Med Pay. Also known as Medical Payments coverage, this insurance pays medical expenses for you and the injured passengers in your vehicle regardless of who caused the accident.
8. Failing to use health insurance. Using health insurance allows you to pay as you receive treatment for your car accident injuries. It also keeps collection agencies from becoming involved, and can sometimes facilitate your attorney negotiating reductions in your medical insurance subrogation claims.
9. Not carrying uninsured motorist coverage. Uninsured motorist (UM) and underinsured motorist (UIM) coverage safeguard individuals who are in accidents caused by drivers with little or no insurance of their own. It picks up where the other driver’s coverage leaves off, and typically doesn’t affect your rates if used.
10. Failing to seek medical treatment. Regardless of whether you have health insurance, be sure to seek medical attention for your injuries. This is the only way they can be properly documented.

Further Reading: Distinguishing Between PTSD and TBI Using Brain Scans

Contact Our Northern Colorado Car Accident Lawyers

If you or someone you love has been injured in a car accident in Broomfield, Northglenn, Westminster, Thornton, or anywhere in Colorado, it is important to contact our skilled car accident attorneys immediately. At Hull & Zimmerman, P.C., our experienced car accident lawyers are dedicated to the belief that everyone deserves justice. Contact us at (303) 423-1770 or (866) 385-3505.

Our car accident lawyers have extensive experience representing injured accident victims in Broomfield, Arvada, Superior, Lafayette, Louisville, Erie, Brighton, Commerce City, Northglenn, Westminster, Thornton, Longmont, and throughout Colorado.