After an auto accident, what you do and say next can have a big impact on whether or not you can get compensation for any injuries you sustained. It also has an effect on how you may be held financially liable.
One of the most important elements of this is something you should not do or say: admit fault. How might you admit fault — intentionally or accidentally — and how can you avoid problems? Here are a few key things to do or not do.
Do Not Speak While Emotional
The immediate aftermath of an accident is a difficult, emotional time. It's easy to say things you don't mean or things you shouldn't say for legal reasons. However, these can all be used against you if a personal injury case goes to negotiation or trial. So avoid saying that you're sorry, that you didn't see something or someone, or that it was your fault.
Do Be Factual with Police
While you should be cautious in what you say, that doesn't extend to falsifying anything to the police. Give the facts, as they say, and just the facts. The police will document objective facts and gather the information you may use later to determine fault. If you say the accident was your fault, this is your opinion only.
Do Not Talk With Insurance Alone
Any insurance carrier which may be on the hook for expenses will try to establish fault for any party other than their covered party. So the other driver's insurance may attempt to get you to admit fault and even your own insurer might try to get you to admit to some form of negligence that allows them to deny the claim. Your attorney is the best person to speak with insurers, or at least to assist you with doing so.
Do Let the Jury Sort It Out
Even if you feel that you were at fault for the accident, there can be many other factors involved. You probably didn't see everything, you don't know what happened in the other car, you aren't trained in how a personal injury trial works, and you don't yet have all the facts. The situation may become much clearer after the exchange of information during pre-trial discovery, for instance. So don't jump to conclusions better left to an impartial jury.
Do Not Give Up on Compensation
Finally, no matter what you said or did after an accident or whether you think it's your fault, don't assume that means you can't get compensation. Even if you are found to have some fault, many states still permit you to receive reduced compensation. A skilled attorney can work with the situation in which you find yourself.
Where to Start
Want to know how to apply these dos and don'ts and receive other tips? Meet with a local auto accident attorney for more info.