Being involved in an accident is a stressful and traumatic event. It is common for accident victims to forget the key steps to take after an accident to protect their rights. However, it is also easy to make mistakes after a car accident that could hurt your chances of recovering damages from the driver who caused the crash.
Our North Dakota car accident attorneys discuss the top four mistakes to avoid after an accident. These mistakes could make recovering a fair settlement for your car accident claim more difficult.
Admitting Fault at the Accident Scene
Parties who contributed to the cause of a car accident can be liable for an accident victim’s economic and non-economic damages. North Dakota is a modified comparative fault state. One or more parties could share liability for the cause of the accident, including the accident victim.
If an accident victim is more than 50% at fault for the crash, North Dakota’s comparative fault statute bars them from receiving any money for their claim. If they are less than 50% to blame for the crash, they can receive some money for their claim. However, the court reduces the damages awarded by the percentage of their fault.
Therefore, do not admit fault for a car accident without talking to an attorney. Saying you are sorry could be interpreted as admitting fault. Instead, tell the officers what happened without making any presumptions about fault.
Failing to Seek Prompt Medical Treatment
You must prove that the car crash caused your injuries. Delays in seeking medical treatment could give the insurance company a reason to challenge your claim. The company may argue that your delay means you were not injured in the accident. The company may argue that your delay in care caused your injuries to be worse than necessary.
Always seek medical treatment as soon as possible after an accident. Avoid saying you are okay or fine. Instead, state that you are unsure and will see your doctor.
Talking to an Insurance Adjuster Before an Attorney
Insurance adjusters investigate car accident claims for insurance companies. The adjuster’s job is to determine if the accident was the insured driver’s fault and how much your damages are worth. However, the adjuster does not work for you. They will protect the company from liability whenever possible.
It is not in your best interest to talk with an adjuster or provide a recorded statement without legal advice. Things you say might be used to undervalue or deny your claim.
Accepting an Insurance Settlement Without Legal Counsel
The insurance company will offer the lowest settlement amount it believes you might accept to end the claim. Most initial settlement offers are far below the value of the claim. If you accept the offer, the company will require you to sign a settlement agreement waiving your right to file a lawsuit for the accident.
Talk with an attorney before accepting a settlement or signing any documents. Your claim could be worth more than you realize.
Schedule a Consultation with a North Dakota Personal Injury Attorney
If you were injured in an accident, you may have a claim for damages. Call Pringle & Herigstad, P.C. to schedule a consultation with our North Dakota personal injury attorneys to discuss your case. Our lawyers represent clients in Grand Forks, Minot, Bismarck, Fargo, Rugby, Williston, Jamestown, Devils Lake, and the surrounding areas.
