5 ways you can ruin your auto accident claim

This article was written for our sponsor, Whitley Law Firm.

Getting into an automobile accident is a nerve wracking experience that can leave you feeling shaken up, injured or worse. If you are involved in a car accident, the most important thing to consider first is the safety of yourself and anyone else affected.

Nearly three million people in the United States are injured in car accidents every year. If you are one of them, you have the right to file an auto accident insurance claim. This process can be complicated and many factors are at play, however, here are five things that you should avoid if possible as to not ruin your case.

1. Not seeking medical attention immediately/right after the accident

If you're hurt in a car accident, you should see a medical professional as soon as possible. If the injuries are serious, an ambulance will most likely be called to the scene and you will be treated right away.

However, some injuries don't immediately manifest at the accident scene and it is your responsibility to seek treatment as soon as the injuries present themselves. While broken bones, cuts and bruises are easy to spot, other ailments like concussions and soft tissue injuries are typically first detected by a doctor.

Getting prompt medical treatment for accident-related injuries is important when it comes to filing an insurance claim because you will need documentation that proves that the wreck was the cause of your injuries.

"People may not appear to be seriously injured at the scene and may not even think that they need medical help, but sometimes you can have an injury like a cervical strain or sprain — whiplash is a common one — that shows up in the next day or so," said Bob Whitley, personal injury attorney and founder of Whitley Law Firm in Raleigh. "That's something to be aware of as you go on after the accident and document your case to file an insurance claim."

2. Not telling a doctor what hurts

Going hand-in-hand with seeking medical treatment is telling your doctor everything that hurts or feels "off." You may be tempted to only mention the substantial injuries or pains you're feeling, but both the big stuff and the little stuff matters when it comes to accident insurance claim cases.

For example, if something "small" like a back spasm turns out to be a bigger deal later on, it can get thrown out of the case since you failed to mention it earlier. If you are truly in good health, there's no reason to unnecessarily seek medical treatment, but all too often insurance companies take advantage of a delay in treatment for things like "a little neck or back pain."

"In the past, insurance companies have argued to me that the claimant must have not been hurt that badly, if at all, since they didn't seek medical help immediately or failed to tell the doctor what caused them pain initially," Bob Whitley said. "The longer you go without treatment, the more you're arming the insurance company with an argument that perhaps you weren't actually hurt in the wreck and that maybe something happened later that caused you to show up in the doctor's office."

3. Speaking to an insurance adjuster before you get professional input

After you've been in a car accident, your first inclination may be to call your insurance company to confirm what kind of liability coverage you have and to discuss the details about the accident.

Usually, people aren't even trying to file an insurance claim and just want information about their account. However, calls to your insurance adjuster are recorded. You may not realize you are unknowingly admitting fault in the accident when you say something like, "The car just came out of nowhere and I didn't see it," thus incriminating yourself in the accident.

If you ultimately decide to file an insurance claim, your conversations may be used against you. If possible, you should wait until you've been able to seek professional input from a legal representative such as an injury attorney before you make any calls to your insurance company.

Getting legal counsel before you give any kind of statement can safeguard you from saying something that could impede your claim in the future.

"An insurance adjuster is different from an agent. The adjuster's sole job is to handle claims and frankly, pay out as little as possible. Insurance adjusters tend to ask probing questions that can be used against you once you are ready to file a claim," said Ben Whitley, attorney and partner at Whitley Law Firm. "Enlisting the professional expertise of someone like an injury lawyer who routinely handles insurance claims will ensure that you don't say or do anything that can ruin your case."

4. Not hiring an experienced injury lawyer for a serious accident

While not every accident requires legal intervention, serious cases do and should.

Minor accidents can oftentimes be handled without an attorney, but serious accidents involving substantial or chronic injury necessitate the services of an experienced injury lawyer. These types of attorneys have a specific set of skills and knowledge that can help you get the compensation you need and deserve if you've been hurt in an accident.

"There are statistics that say people who use lawyers in their claims generally recover two to three times more than people who do not," Bob Whitley said. "I also think that getting a lawyer can give you some peace of mind, particularly if you're dealing with an injury and an insurance adjuster simultaneously."

5. Settling too early on a case

Settling too early on a case can also be problematic.

Perhaps you may have an idea of how much you think your case is worth and you take what the insurance company gives you, only to find out later that your case was worth much more. Or maybe you accept payment for what you thought was a minor injury, that turns out to be a chronic ailment that you will have for a lifetime.

Injury attorneys will have professional insight into the value of a claim based on the details of your case and the nature of your injury.

"In the end, there is almost always a difference between the value of your loss and the value of your claim. It is our job to help you get what you deserve, even though in some cases, it is never enough to compensate for their pain and suffering," Bob Whitley said. "Settling too early, for whatever reason, can shut you out of the full potential value of your claim."

While all auto accidents and their related injuries do not call for legal intervention or the filing of an insurance claim, you may be entitled to compensation if you've been seriously injured in an accident. It is well within your rights to seek the compensation that you deserve and avoiding these missteps can put you on your way to getting the proper restitution.

This article was written for our sponsor, Whitley Law Firm.