Car accidents are far more common than one might think, and even if they are just minor fender benders, they tend to be very chaotic. Sometimes even if you do everything right behind the wheel, you can end up having another car crash into yours, causing serious damage and stress. Since the emotions are running high, trying to remember all the right things to say isn’t exactly the first on your mind when dealing with a collision. It’s important to understand that there are some statements you should be careful about in the aftermath of a crash since they can have a large effect on your settlement. The following article will explain what words may hurt your legal case, how your statements can be misconstrued or misunderstood, and what you should focus on while having a conversation in this kind of situation.
I’m sorry
Understandably, it is a tough habit to break for some people as it comes instinctively out of our mouth, but you have to eliminate the word “sorry” from your vocabulary after a car wreck. Apologizing after a car accident, whether it was your fault or not, can be considered an admission of fault and will likely be used against you along the road. Even saying you’re sorry to someone who wasn’t involved in the accident (for example for creating the traffic along the way) can and probably will be used against you.
I’m fine
Accidents send your body into overdrive since the shock of a wreck sends adrenaline rushing through your system. It easily masks feelings of pain, injuries, or aches that you will eventually feel as a result of the accident. Other than that, many injuries that are common in collisions like whiplash, traumatic brain injuries (TBI) don’t show up immediately. Some of the “invisible” injuries could appear days or even weeks after the incident. Since the insurance settlements after car accidents are largely based on the injuries sustained in the accident, you should never minimize your injuries with your words.
This is my fault
In addition to what we were talking about in the last chapter about avoiding apologies, you should also steer clear of any kind of explicit admission of fault. The parties involved in an accident often don’t have a complete image of the incident. You may find yourself falsely admitting fault easier than you think without even knowing it. Another reason you should avoid admitting your fault in these statements is that it can result in a traffic ticket and affect your claim.
This is my official statement
Even though you are in the middle of the chaos, you will be asked a lot of questions after a car accident. Driver and witness reports are the primary records that are taken soon after an accident. Your office statement is very different from your on-the-scene account and once you give an official statement to your insurance company or the other driver’s insurance company, that will be used in all future proceedings. As the experts at DSSLaw.com suggest, seeking legal representation early in your car accident claims process is essential. With the help of professionals, you can be assured that you get the compensation you deserve.
I accept
Understandably, after getting involved in a car accident where you were not at fault, the other driver’s insurance company will most probably contact you with a settlement offer. In almost all cases, this settlement you are offered represents the bare minimum of your worth claim. The insurance company has a goal to settle the claim as quickly as possible and for as little money as possible, so you have to keep in mind that this course of action isn’t always in your best interest since you may have other unforeseen expenses, you should never accept the first claim immediately. You should always consult with a lawyer to determine a fair settlement.
What you should be saying
It is very clear that if ever you get into this unfortunate situation, there is no possibility of standing there in silence. What you can do other than avoiding the phrases mentioned above is to focus on exchanging contact information. Exchange details but try to nicely decline to answer any questions from the other driver and say you will answer all questions once you have contacted your insurance company and have involved a lawyer. You will surely be required to answer any questions put to you by the police and medical attendees but try not to go so far as to perhaps offer an opinion on what you think may have taken place to cause the accident.
When in doubt about whether or not you should say something about your accident, consult your lawyer first and let them do the talking. Until that, try to avoid using the above phrases as much as you can, and focus on saying only details that can’t be used against you.