A car accident is one of those times that you’re really not expecting it to happen, and may start talking without thinking. Unfortunately, it’s the worst thing you can do.
Right after a crash, you may feel disoriented, not sure what happened, and unsure of what to do next. Your first impulse may be to get out of your car and talk to the other party.
What you should do is just the opposite. At this point, it’s important to stop talking immediately, because that’s when you can find yourself saying things you shouldn’t.
Avoid Saying “Sorry” In Any Context
Apologies tend to be knee-jerk reactions, even in the most benign context. Do not utter this word for any reason at the scene of the auto accident, or you will be seen as admitting fault.
Even if the other party is clearly responsible, saying “sorry” for any reason can be taken out of context to indicate that you are accepting full responsibility for the accident.
It’s different after a car accident—you may nor may not be responsible, without all the facts, you may be admitting responsibility without realizing you have.
Be polite, of course, and don’t get into a screaming match with the other party no matter how he or she tries to draw you in.
When You Should Be Talking—And To Whom
Of course, you need to speak to the police officer. Stick to the facts, don’t let emotions get in the way, and politely comply with the officer’s requests.
The officer needs to hear both sides of the story. If he or she interviews the other party first, be patient. Don’t interfere or interrupt the other party. While you wait, you have a few moments to take notes and pictures of the damages, if you haven’t already.
These notes will come in handy for your attorney as well as the other party’s insurance adjuster when they call. However, it’s best not to agree to a recorded statement.
What Can Get You Into Trouble
Speaking about the auto accident to anyone outside of your attorney, your physician, and your spouse or partner isn’t a good idea.
You also don’t need to give out any other names—your doctor, friends and family, etc. This is true at the scene of the accident, as well as to insurance companies. If the case does go to trial, they will become involved as well.
Posting on Facebook and other social media is something else to avoid. This can sink your case quickly, especially if you are claiming injuries. The defense will seize upon things like pictures of your vacation or other activities that can contradict your claims. You may consider deactivating your social media accounts for a while until your case is settled.
What You Can Say
Of course, you should ask your passengers if anyone is injured, as well as the driver and passengers in the other car. If anyone needs medical assistance, you should let the police dispatcher know when you call.
You’re required to exchange name, contact and insurance information with the other party.
Beyond these things, there is no need to engage in conversation with the other party or parties involved.
When The Insurance Company Calls
This is the time when you can really get into trouble with one wrong word.
Just like at the scene of the accident, you don’t say “sorry” under any circumstances, which would lead to an immediate admission of fault.
The adjuster may be pressuring you to sign a statement or something else. You could be signing away your rights to fair compensation—or compensation at all. The rule: don’t sign anything.
This is the time when you need a personal injury attorney to represent you, especially if you’re injured.
If the phone rings and it’s an insurance company, that’s the time to refer them to your attorney.
Before You Say Anything, Call The Love Law Firm First
We’ve been helping Virginians for over 25 years with auto accidents. From police reports to repairs to dealing with insurance companies, we’re ready to help you navigate through the complexities of a car accident case. Don’t say anything until you call Chad Love first.
If you’ve been involved in a Charleston car accident and need help, contact us at The Love Law Firm, or call us at (304) 344 5683. Your consultation is free, and we only collect if we win your case.