1. Failing to Contact the Police after the Accident
When you have been involved in an accident, you should ensure that the police are immediately contacted so that they can arrive at the scene and investigate what occurred.  This can be important as even if the other person is admitting fault to you, they may not do the same to the insurance company at a later time.

If they admit fault to the police, you will have an independent witness that will ensure you are not now blamed for causing the accident.  If the person is blaming you for the accident, the police can also investigate to ensure the proper person is assigned responsibility for what happened.  The police, depending on the severity of the accident, will create an accident report and diagram the scene, or even request assistance from a special crash team to fully document the skid marks, condition of the cars, location of the cars, etc.  The police officer can also obtain names and addresses of the witnesses to the accident, and they could be critical in proving your case at a later time.  If the police are not called or do not respond, you should work to ensure that any witness information is obtained and attempt to document as much of the information as possible.

2. Attempting to Drive Your Vehicle from the Scene When Badly Damaged
If your car has been badly damaged, do not attempt to drive the vehicle from the scene, but simply contact a tow truck.  If you attempt to drive the vehicle anyway, not only may it be unsafe for you to do so, but the insurance company may contest the severity of the accident by noting that your car was perfectly drivable after the accident when it really was not.  Having the tow tuck company remove the vehicle also acts to preserve the evidence of your cars condition rather than creating an absurd claim from the insurance company that you tampered with your car and made it worse after the accident.  When the car is removed, a mechanic can be used to examine the car so that the extent of damage caused by the collision is documented.

3. Telling Others You Are Fine or That Your Are Sorry
After an accident, it can be an extremely unsettling experience.  If you are injured, the other driver may exhibit genuine concern for your injuries because while they may have been negligent in driving, they did not mean to hurt you.  Sometimes, the other driver may even be injured themselves.  Nevertheless, any statements such as I am fine or I will be ok will likely be used against you, despite the fact that you actually suffered real injury.  Also, if the other person is hurt as well, you may wish to make them feel better by saying I am sorry for this.  While you may not be at fault in the least, you may say that meaning you are simply sorry that this occurred, or you are sorry they are injured as a result of the accident.  Again, these statements may very well be used by the insurance company to deny your claim for your injuries because they will claim that you admitted you were at fault for the accident when you apologized.  You should be aware, any statements you make at the scene to the other driver, witnesses, police officers, or emergency personnel will likely be documented and relied on by the insurance company.  As such, be very careful in what you say as the meaning will not always be interpreted the way you intended.

4. Failing to Go to the Hospital by Ambulance
If you have suffered injury, you should always go to the hospital by ambulance and be examined to ensure you receive the medical treatment you need.  Many times you will not know the extent of your injuries immediately after the accident as you may be in shock or some injuries may only appear a little while after the accident.  You may feel dizzy, have headaches, chest pain, back pain, abrasions, or other injuries that require medical attention.  Since some symptoms may only appear a few hours after the accident, delaying treatment could cause you serious complications if not medically treated.  Some people even after a serious accident will try to tough it out and will not seek medical attention.  This is not the time to put on a strong face.  Not only can you be putting your health at risk, but doing so could seriously compromise your case as the insurance company may claim you were not really hurt, or that your injuries were not from the accident.  If you did not go to the hospital by ambulance, you should ensure you immediately go to a doctor or emergency room should you develop any symptoms at a later time.  Waiting to see if it goes away will make the ability to get compensation for your injuries much more difficult, even when it never goes away and you are even required to have surgery as a result.

5. Failing to Report All the Pain and Injuries to the Doctor
Similarly, some people tend to minimize the pain they have as they dont wish to sound like they are complaining.  Remember, this is not the time to tough it out.  You should tell the doctor, or emergency personnel, everything that you are feeling after the accident no matter how big or small.  Some injuries may seem small at the time, but will become more severe over time so you need to ensure the doctor knows everything you are experiencing to properly treat you.  For example, if your thumb is hurting from the airbag deploying you should tell the doctor that in addition to your head injuries.  If you do not, you may later find you need surgery on your thumb and the insurance company will claim that was never reported as an injury from the accident and refuse to cover the costs associated with that surgery.  Again, everything you say is documented and is important to your health and your case.

6. Not Following All Treatment Recommendations
After receiving emergency treatment, you will typically need follow-up care depending on the seriousness of your injury.  Do not delay in following all treatment recommendations.  First, you are you putting your health at risk as the quicker you receive treatment needed, the more likely you are to recover.  If you fail to follow those recommendations, you condition may continue to worsen, or suddenly become much worse months later.  At that point, the treatment necessary could be much more in-depth than if you had simply followed the recommendations at the time.  Second, the insurance company will likely contend that you were not really hurt as you did not follow the treatment recommendations made.  They may also claim that when you do seek treatment months later, it was because of an unrelated injury and therefore not as a result of the accident.  Dont compromise your health and your personal injury case, and do exactly what the doctor tells you to do.


7. Talking to the Insurance Company
The adjuster or attorney for the insurance company work for the insurance company, and will do what is in the best interest of the insurance company.  They will attempt to get written or recorded statements from you about the accident, and will use those against you.  Even when you think you are not saying anything against yourself, those statements can be misinterpreted in a way that will harm your case.  They will also attempt to obtain information from you they may not otherwise be entitled to, and may use that to build a case to deny liability or minimize your recovery. You should not talk to them at all, and should only communicate to them through a lawyer.

8. Signing Paperwork from the Insurance Company
Not only should you not speak to them, but you should not sign anything that they wish you to sign without consulting an experience personal injury attorney.  Sometimes they may try to have you sign releases to get your medical records, or they can even seek to have you settle your case quickly before you understand the full extent of your injuries.  Many injuries take time to fully appear, and it will usually take even longer before it is known how much you will be able to recover from those injuries.  For example, you may not know that surgery is the only option until months after other medical procedures are tried and fail, and after surgery, you may have permanent limitations.  If you were to settle with the insurance company very early, you and your family may suffer life altering harms from your inability to work.  While the insurance company would have saved itself a great deal of money, you will not have the money you and your family may desperately need to survive this permanent disability.  Remember, you absolutely should speak with an experienced personal injury attorney before waiving your rights.

9. Failing to Photograph and Preserve Evidence
While the police may document some information at the scene, you should always ensure that the entire accident scene is photographed, and witnesses interviewed, to ensure that no one can later claim you were at fault.  If you are able to, you should try to photograph the position of the cars, any skid marks on the road, and get the name, address, and phone number of every witness.  If you are injured, you should document all of your injuries by photographing them, and keeping all medical information. The best option is to contact an experienced personal injury attorney immediately as they can do much of this for you.

10. Fail to Hire an Experienced Personal Injury Lawyer
What should be very clear from this list as there are many ways that a person can severely damage their personal injury case and prevent themselves from getting the financial recovery they deserve given the injuries suffered.  The stakes are simply too high for you and your family if you are seriously injured.  The insurance company regularly handles these cases, and are skilled at finding ways to minimize or eliminate their liability as that save them money.  We have had clients that have been in Maryland Shock Trauma after being seriously injured, and the insurance company representatives were already calling them in the hospital.  The insurance company will not wait for you to be fully healthy before they start preparing their case, and you should not wait either. You need to have someone in your corner to make sure that does not happen, and the sooner you make that decision the better it is for you.  By hiring an attorney to represent you, you can focus on getting medical treatment for your injuries so you can recover.  An experienced personal injury attorney can also advise you throughout the process, and assist you in dealing with the variety of legal issues that you will be confronted with during this process.  Should you or a loved one be injured and need such representation, please contact us immediately so that we can start preserving their rights immediately.