In car accidents, both sides must be careful with how they navigate the situation. For example, You can’t sign a car accident release form without carefully reading it first. In this post, we’ll show you the mistakes that people make in car accident settlements.
The Importance of a Settlement
Whether you’re at fault or not, a settlement closes the matter for the foreseeable future. You can then move on, knowing that there won’t be further debates on the matter. A settlement can also be incredibly helpful for addressing potential medical bills.
In addition, settlement money can cover vehicle repairs. When you’re the aggrieved party, make sure you’re not paying for damages. With this in mind, here are eight common mistakes to avoid during this whole process:
1. Wrongly Admitting Fault
In the heat of the moment, you might feel tempted to absolve the other party cordially. You could even erroneously blame yourself. No matter what, avoid any statement that someone could use against you in the future.
When discussing an accident, stick to the facts. Even casual comments about being too slow to react could deprive you of damages. Equally, if you are solely liable, be upfront about this and accept the consequences.
2. Not Documenting the Scene
If you can safely stand and move around, take photos of the scene. Any one of these could later be substantial evidence. If anybody nearby witnessed the incident, ask for their contact details. If possible, write down everything you remember.
In addition to the cars themselves, take pictures of the weather conditions. Was the ground icy? Was it raining? The more detail you capture, the better you can argue your case.
3. Using Poor Release Forms
You’ll need a legally binding release form for your settlement to work. Use an online template; these documents come with every relevant and required field. You could even find state-specific documents that fit your state’s approach to release forms.
If the other party handles the forms, look them over carefully and compare everything to online alternatives. If you notice any concerning differences between them, bring these up and suggest a rewrite.
4. Declining Medical Care
Seek medical care as soon as possible, even if you suspect you only have minor injuries. If you turn this down, the opposing side may argue that you walked away fine. However, even minor or invisible injuries could become debilitating over time.
Attempting to soldier on stoically could hurt your claim and worsen your health. With the right settlement, you could negotiate for the other side to pay your medical costs.
5. Ignoring Emotional Damages
Similarly, not all damage is physical. You might be genuinely uninjured but still feel the lingering effects of being in a car crash. Are you finding it more challenging to get behind the wheel weeks or months later?
If so, you may need to seek counseling after the accident. You can possibly negotiate emotional damages in the settlement to cover costs. Under the zone of danger rule, you’ll likely have a case.
6. Discussing the Accident Online
The opposing team’s counsel may scour your social media to see how you discuss the accident. If they see you acting flippant, they can undermine your claim. For example, they might say you weren’t too affected by it.
Avoid discussing the accident outside of direct messages. Even then, be careful who you share details with. Screenshots of tweets or Instagram Stories could poke holes in your story, even if there aren’t any.
7. Exaggerating Even Slightly
Never exaggerate how bad an accident was. Be honest, as even a minor misrepresentation will come back to haunt you. If a settlement is indeed necessary, you won’t need to lie.
The other side may be able to disprove any exaggerations easily. Should they do this, the whole case will come into question. Similarly, be upfront about any pre-existing conditions you have.
8. Accepting Any Number
Don’t rush through the settlement; only accept a number that’s fair to you. You likely want to move on from everything as quickly as possible. However, you may end up denying yourself the right amount of compensation.
Work hard to negotiate a fair settlement. The evidence you’ve collected will be beneficial here. With this in mind, here are a few tips for negotiating your settlement:
- Include all (economic and non-economic damages), including emotional ones.
- Account for future costs, such as long-term rehabilitation and physiotherapy.
- Wait for Maximum Medical Improvement to gain a better idea of your condition.
- Prepare to use your medical records or even therapy notes to prove suffering.
Final Thoughts
Be careful when negotiating your settlement after a car crash. You can only get a fair amount of money if you follow the right steps. Never accept a verbal agreement – and always use a custom car accident settlement template.
