It comes down to a matter of seconds. From the moment you get into your car until you reach your destination, a fraction of a second can make all the difference between getting home safely and getting into an accident. If an accident happens, the immediate priority is to check for injuries.
After that, the blame game begins. This is where some common mistakes can hurt your car accident claim.
One of the most important things you can do after getting into an accident is to seek out the
advice of an experienced Hawai’i motor vehicle crash lawyer. When your attorney gets involved in the initial claim process, it elevates the investigation and puts the at-fault driver’s insurance company on notice.
It also allows you to get ahead of the story and fortify your position.
The Hazards of Delaying Medical Treatment
The first 60 minutes after any kind of medical trauma are known as the “golden hour.”
If anyone sustains life-threatening injuries like internal bleeding, traumatic brain injury, or severe shock, receiving advanced medical care within this window drastically increases their survival rate.
When you are in a car crash, your body releases a surge of stress hormones and adrenaline. These act as powerful temporary painkillers that trick your brain into thinking you are uninjured. In reality, you might have suffered severe whiplash, internal organ damage, or micro-tears in muscles.
That’s why it is vital to seek immediate medical attention to catch these hidden injuries before they worsen.
The insurance adjuster investigating your claim will look for “gaps in treatment.” They could use that to minimize or deny your injury claims. The theory is that if you didn’t seek medical care, your injuries weren’t that severe. That delay can also allow the at-fault driver’s attorney to argue that your injuries were caused by another event.
Why You Should Never Admit Fault at the Scene
The stress of an accident can often cause some people to overcompensate and offer casual apologies. You can feel sorry that the accident happened, as you should. However, saying “I’m sorry” can be taken as an admission of guilt that can be used against you.
Right after an accident, you’re probably reviewing in your mind what you could have done to prevent the accident. There are many missing variables, such as whether the other driver was texting or speeding. If you inadvertently admit to fault, you could be letting that driver “off the hook.”
Admitting fault can also impact your ability to recover compensation. Hawai’i uses a modified comparative negligence rule. You can recover damages as long as you are 50% or less at fault.
However, if you are found to be partially at fault, your compensation will be reduced by that percentage.
The Dangers of Speaking With Insurance Adjusters Alone
If you make a claim against the at-fault driver’s insurance company, they will assign an adjuster to investigate. At some point, that adjuster will reach out to you to get your side of the story. You must cooperate with your insurance carrier, but you’re not required to give statements or details to the other driver’s insurance carrier.
If you do speak with them, you should only provide your contact details. You can then tell them to speak with the adjuster assigned to your claim by your own insurance. It is even better if they speak with your attorney.
Any time you do share your story, you should stick to the facts. Don’t guess at variables like speed or distances that you’re not certain of.
It’s better to say you don’t know than to speculate.
How Social Media Posts Can Ruin Your Case
Getting into a car accident is a major life event. It is the exact kind of thing you’ll probably want to share with your friends and family on your social media accounts.
That’s not a good idea. Here’s why:
You Contradict Your Physical Claims
If you continue posting your normal photos and videos of working out, traveling, or engaging in other physical activities, it can contradict your claim that you have physical injuries that should prevent you from engaging in those activities.
You Undermine Your Emotional Distress
Any photos of you smiling or laughing at a party, wedding, or other social event can be used to argue that you’re not suffering from severe emotional trauma. Even if you like, share, or comment on posts, it can reveal your emotional state in that moment.
Benefits of Hiring a Honolulu Car Accident Lawyer
A car accident is a major disruption of your life. It is especially challenging when there is a dispute about who is at fault. Retaining the services of a Honolulu car accident lawyer can benefit your claim in many ways.
An experienced attorney can help you gather the necessary evidence in support of your claim. That can include requesting traffic camera footage or police crash reports. It is vital to gather evidence as quickly as possible to present it to your insurance carrier.
Wayne Parsons Law Office can help with all of these tasks.
We have helped many Hawai’i residents who have been hurt in a car accident caused by another driver’s negligence. We understand how upsetting an accident can be. We also appreciate that mistakes happen after a crash, and when they do, we’re prepared to limit the damage to your claim.
If you’ve been involved in a car accident that wasn’t your fault, we want to hear what happened. Call now to set up a free case evaluation.
You’ll feel better once you know what to do next.