Insurance Pitfalls: Common Mistakes to Avoid After an Accident

No matter how safe of a person you may be, the unfortunate reality is that we cannot control the actions of others. If someone else is negligent and careless, you may find yourself as the victim of an accident. While your main priority after an accident should be your health and recovery, it is also important you are taking the steps necessary to protect your rights should you choose to pursue a claim. To do so, there are certain common mistakes that may be detrimental to your Florida accident claim and which you should avoid.

Our Boca Raton personal injury lawyer at Hersh Kirtman Injury Law is here to help you protect your rights, pursue fair compensation, and avoid making common mistakes in the process. Following an accident that has left you injured, it can be easy to make quick, emotional decisions that could potentially have a negative impact on your case. However, when you work with our team of knowledgeable and experienced attorneys, we will guide you and protect you, so you do not fall into these common insurance pitfalls.

Avoid Making These Mistakes Following Your Florida Accident

The days, weeks, and even months following a damaging accident can be stressful and overwhelming. For individuals who have suffered physical and, possibly, emotional injuries due to the incident, it is crucial that they have a general understanding of both what to do after the accident, and also what not to do. 

Some examples of common pitfalls are as follows:

Accepting a Quick Settlement

Insurance providers will often try to do away with the claim by having the accident victim accept a quickly made settlement offer before the victim has an attorney and at an amount well below the value of the victim’s claim. In some instances, the carriers will tell victims that the funds are to help with medical expenses and not inform the victims that the victims are actually signing away their rights and releasing the at-fault party from fault and responsibility. More fall for this trap than you would expect. This pitfall is dangerous because accepting a low, quickly made settlement offer, before you have spoken to an attorney or fully understood the extent of your injuries is likely to result in inadequate compensation. 

Providing a Recorded Statement Without an Attorney

Insurance carriers often ask victims to provide recorded statements after a crash. It is imperative to speak to an attorney before providing any such statement. Those statements can and will be used in any future claim you intend to bring, and the insurance adjusters will try to get answers that may harm your future claim. You do not, in every instance, have to provide a statement to an insurance carrier after a crash, and if you do give one, you should be prepared and represented by an attorney.

Not Being Truthful When Providing Your Statement

If you provide a statement to an insurance company, or to a responding officer, you must be honest and tell the truth. Failing to be honest, exaggerating, or fabricating facts should be expected to both harm your credibility and your claim. Do not do it. 

Not Seeking Medical Attention, and Promptly

Not getting medical treatment, or delaying getting medical treatment, will undermine the credibility of, and harm, your injury claim. If you are hurt, or you feel pain or discomfort, get medical care and treatment right away. It is, most importantly, vital to your health and recovery. In addition, it is needed to document what you have experienced and the extent and nature of your injuries, should you pursue a claim. Insurance companies will use a lack of care or a delay in seeking care, as evidence of there being no injury. In addition, in Florida, you have only fourteen days to see a medical provider after a crash for your personal injury protection benefits to apply. Therefore, if you are in a crash, take care of yourself, and fast. 

Not Gathering Evidence

Not making an effort to gather available evidence may harm your case in the future. At the scene, make sure to take photographs of the scene and the damage to the vehicles and any other impacted property. Make sure the responding officer gets contact information for witnesses, or otherwise get that information yourself. Make sure the responding officer is going to prepare a crash report. Should you pursue a claim, having evidence to prove what happened and the severity of the crash is critical. Do let that evidence disappear.  

Admitting Fault At The Scene

Do not make statements that may be interpreted as admitting fault. Some people, in the shock of a crash, say things that suggest they were in the wrong, even when they were not. Any statement you make may be admissible in court in a case you bring against whoever caused the crash. Be careful what you say.

Choosing Not to Hire a Lawyer

Having trusted and experienced legal counsel is crucial priceless in any personal injury case. Navigating a claim with an insurance company or a defendant can become complicated. It is important to know what insurance exists, whether there are insurance coverage issues or defenses, what evidence is available, and how to calculate the appropriate and fair amount of compensation. These issues, among others, make handling a personal injury claim on your own unwise, especially if your claim needs to become a filed lawsuit. Make sure to hire an attorney, and be comfortable that our attorney will be responsive, knowledgeable, and caring. When you have the help of a knowledgeable lawyer, you can rest assured that you will have the dedicated representation as they protect your rights and interests throughout the claims process.

Allow Hersh Kirtman Injury Law to Help You Avoid Making Mistakes in Your Florida Accident Claim

If you have been injured in an accident caused by another’s negligence, you may have the right to seek compensation for your injuries and losses. Work with one of our trusted lawyers who can help make sure you are protected and guided through the process. 

At Hersh Kirtman Injury Law, we provide clients with personalized legal counsel after a negligent party caused an accident that left them injured. To schedule a free case evaluation with one of our Florida accident lawyers, contact us today by filling out our contact form or giving us a call at (561) 208-3700.

Our legal team proudly represents accident victims throughout South Florida, not just in Boca Raton. We serve clients in Boynton Beach, Coconut Creek, Coral Springs, Davie, Deerfield Beach, Delray Beach, Fort Lauderdale, Lake Worth, Miami, and throughout Palm Beach County. We also assist injured individuals in Parkland, Plantation, Pompano Beach, Sarasota, Sunrise, and Tamarac. No matter where your accident occurred, our Boca Raton personal injury lawyers are prepared to protect your rights and help you avoid costly mistakes during the claims process.

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

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