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Do You Make These Mistakes During Auto Accident Litigation?

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By The_Drizzle


There are many different mistakes that you can make during the different stages of litigation of an auto accident where you or someone you love was injured or your property was damaged. Insurance companies are professionals and will use your missteps as ammunition against you if they need to in a court.

The good news is that most of the missteps that people make are common mistakes that can be easily fixed if you know a little bit about what to expect.  By avoiding these mistakes during auto accident litigation, you can put yourself in a much stronger bargaining situation during later stages of your trial or negotiation.

Mistake #1: Changing Your Story

An accident is a traumatic experience, so it can be rather hard to make sure that you correctly remember all the details of your accident.  You may mix up details or forget certain parts and this can cast doubt on your entire case.  To prevent this, there are several things that you should do immediately after the crash to keep your story straight.

First, make sure to write down as many details about the crash as soon as possible immediately afterwards.  This includes both your account and any diagrams that you can draw.  If you do this, you can always refer to the paper if a specific detail slips your mind.  If it’s possible and safe, also try to take pictures of the crash and the scene.  This will give you evidence to use in court that will back up the story of your crash.  Finally, make sure to write down the contact information of anyone who may have witnessed the crash.  If necessary, they can hopefully offer testimony that corroborates your story.

Mistake # 2: Not Saving Required Papers

Another common mistake when dealing with auto accident litigation is to not save the important papers related to your crash.  This includes the police report, any reports of hospital visits, and also any receipts from your mechanic related to car repair.

Receipts and other papers from the hospital or your doctor are of particular importance in cases where personal injury is involved.  Insurers admit that an injury has taken place when a client visits a certified professional for care.  Thus, not only is the fact that you visited someone for treatment important, the date that you visited them on is also important.  Make sure that any receipts for care you get from the hospital or doctor contains the date, treatments you received, and what the treatments were for.

Mistake #3: Not Immediately Telling Your Insurance Company

When you are involved in an auto accident, you should immediately inform you insurance company, even if it’s not your fault. Some companies, such as Progressive, have agents that will go to the scene of your accident and make sure that your rights are protected in a crash. Remember, if you’re ultimately blamed for a crash your insurance company will have to deal with an auto accident injury settlement for the other party, so they have an incentive to fight on your behalf. Don’t be afraid to get them involved.


Mistake #4: Not Hiring a Lawyer for Big Cases

The final, and possibly the biggest, mistake you can make when dealing with auto accident litigation is not to hire a lawyer when the settlement amounts have the possibility to be very large. Auto insurance companies are professionals and deal with litigation and settlements on a daily basis, so they have experience and connections while you do not. You need someone on your side to ensure that your rights are protected and you get the auto accident settlement you deserve. In smaller, less complicated cases, the cost of the attorney will most likely outweigh any of the benefits you might receive. However, when there is a large settlement or negotiation with lots of paperwork, having a lawyer on your side could be a lifesaver.

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