1. Not Knowing What to Do Immediately After an Accident
Misunderstanding: People may not know the proper steps to take after an accident, such as whether to move vehicles, whether to call the police, or how to gather the necessary information.
Reality: It's crucial to have a game plan you can put into action following a car accident, both at the scene of the accident and in dealing with your case after. This website, the Healthworks Chiropractic - Auto Accident Center, was designed specifically to address these questions and concerns. Take the time to read through the Step-by-step plan we have created for you.
2. Assuming Fault Without Full Information
Misunderstanding: A driver may believe they are automatically at fault, especially if they are the ones who hit another vehicle, but fault isn't always so clear-cut.
Reality: Fault is often determined by a police report, insurance investigation, or a court if it goes that far. Factors like road conditions, traffic signals, or other circumstances may affect liability, so it’s important not to assume fault without the full picture.
3. Underestimating the Severity of Injuries
Misunderstanding: People may assume they aren’t injured if they don’t feel pain right away, and they might not seek medical attention immediately.
Reality: Some injuries, like whiplash, concussions, or internal injuries, may not be immediately apparent. Delayed symptoms are common, and failing to get checked by a doctor can make injuries worse or complicate insurance claims or legal case.
4. Not Understanding Insurance Policies
Misunderstanding: Many drivers are unclear about what their insurance covers and assume their policy will cover everything.
Reality: Auto insurance policies can vary widely. There are different types of coverage (e.g., liability, collision, comprehensive, personal injury protection), and not all of them will apply in every situation. It’s important to understand your policy and what it covers, as well as the deductible you’re responsible for.
Your case will typically have TWO adjusters involved, one for your insurance policy and one for the other driver’s policy. The adjuster for our own policy is there to assist you. Ask them to send you an Insurance Declarations, as this will be very useful information for yourself, your attorney, and your doctor. Legal and even medical options can sometimes depend on what coverage you have.
5. Assuming That Minor Damage Means No Need for a Claim
Misunderstanding: Drivers may think that if the damage seems minor (like a small dent or scratch), there’s no need to report it or file a claim.
Reality: Even small damages can be costly to repair, and injuries or hidden damages to your vehicle may not be immediately noticeable. It is best to file a claim right away, then decide whether or not to proceed. You can seek Medical Consultation and/or Vehicle Inspection by a professional and make a Better-Informed Decision.
It is important to know that, in Minor Damage, Adjusters will OFTEN try to accuse you of exaggerating your symptoms, or even go so far as to heavily imply you are lying or a fraud. This is NOT acceptable behavior. (Refer to #16 on this list below)
6. Believing That Insurance Will Handle Everything
Misunderstanding: People often assume that once they file a claim, the insurance company will automatically cover all costs and handle everything.
Reality: The insurance company may not always cover everything, or they might not be as quick as expected in processing the claim. You may need to follow up, provide documentation, or even negotiate for a fair settlement.
7. Not Filing a Police Report
Misunderstanding: Some people believe that if the accident was minor or there were no visible injuries, there’s no need to file a police report.
Reality: In many areas, a police report is required for accidents above a certain threshold of damage or injury. A report is also essential for insurance claims, as it provides an official record of the incident and helps clarify fault.
There are times when Law Enforcement are unable to come to the scene of the accident and will simply tell you to exchange information. This is when your On-the-Scene documentation and photographic and video evidence are ESSENTIAL.
8. Dealing with Uncooperative Drivers or Witnesses
Misunderstanding: After an accident, drivers may assume that all involved parties will be cooperative and provide truthful information.
Reality: Sometimes the other driver may not cooperate, or witnesses may not be available to back up your version of events. It’s important to document everything and gather as much evidence (photos, witness statements, etc.) as possible to protect your interests.
If the other Driver is being unreasonable, try to stay calm and disengage from conversation. You can inform them that you will both have the opportunity to explain to the Police your sides to the story. If there are bystanders or witnesses around, they will often provide “social safety” in that people are less willing to misbehave in front of witnesses.
If the other driver is acting threatening in any manner, immediately call 911 and tell the operator your were involved in a car accident and the other driver is threatening you and that you feel unsafe. Return to your vehicle if possible and lock the doors.
9. Not Considering Future Medical Costs - Do Not Settle Early
Misunderstanding: People may assume that the immediate costs after an accident (e.g., emergency care) will be the only medical expenses.
Reality: Even if injuries seem minor initially, ongoing medical treatment like physical therapy, chiropractic care, or surgeries might be required later. This can add up, so it’s important to account for future medical costs when dealing with insurance or legal settlements.
10. Not Understanding Legal Implications
Misunderstanding: Many people don't realize the legal complexities that can arise from a car accident, especially when injuries are involved.
Reality: Car accidents can lead to personal injury lawsuits, particularly if there are serious injuries or disputes over fault. It’s wise to consult with a lawyer if you're unsure about your legal rights or responsibilities.
11. Confusing "At-Fault" with Liability Insurance Coverage
Misunderstanding: Some people think that just because they have "at-fault" insurance, they’re fully covered.
Reality: In many states, the "at-fault" insurance will only cover the damages to the other party's vehicle or injuries, not the driver's own expenses (unless they have additional coverage, like collision or comprehensive).
12. Expecting a Quick Settlement
Misunderstanding: Many people expect their insurance company to settle their claims quickly and without complications.
Reality: Insurance claims can take time to process, especially if there are disputes over fault, injury severity, or repair costs. Additionally, personal injury claims may involve long negotiations, particularly if you have to seek compensation for pain and suffering.
13. Settling Too Quickly
Misunderstanding: After an accident, some people may feel pressure to settle their insurance claim quickly, especially if they're in a financial bind or if the other party offers a quick settlement.
Reality: Settling too early can result in a lower payout than you might deserve, especially if your injuries or damages turn out to be more significant than initially thought. It's often better to wait and fully understand the extent of your losses before agreeing to a settlement.
14. Not Reporting an Accident to Your Insurance Company
Misunderstanding: Drivers might think that if they don’t file a police report or if the damage is minor, they don’t need to report the accident to their insurance company.
Reality: Failing to report an accident can result in the denial of future claims, or worse, lead to your policy being canceled. Many insurance policies have a requirement that all accidents, no matter how minor, be reported within a certain timeframe.
15. Assuming Personal Injury Protection (PIP) or Medical Payments Coverage is Enough
Misunderstanding: Some people believe that their Personal Injury Protection (PIP) or Medical Payments coverage will always cover all their medical costs.
Reality: These coverages are typically limited in terms of the total amount they will pay out, and they may not cover all types of medical care or damages (like lost wages or pain and suffering). Additional insurance or legal action may be necessary for complete coverage.
<<BONUS #1>>
16. Misunderstanding the Role and Power of Insurance Adjusters
Misunderstanding: Many people view insurance adjusters as authoritative figures with the final say on claims, assuming they have unlimited power in determining the outcome of a claim.
Reality: While insurance adjusters do play a key role in assessing damages and determining the amount of compensation, they are not all-powerful and are actually held to strict laws and regulations. Adjusters are required to act in good faith, and if they engage in unfair practices—such as denying valid claims, delaying payouts without reason, or engaging in deceptive tactics—they can be held personally liable. In some cases, adjusters can even be sued for bad faith actions, which may include failure to investigate properly, offering unreasonably low settlements, or ignoring evidence that supports the policyholder's claim. If an adjuster is acting unreasonably or unfairly, it’s important to document their behavior and consult with a lawyer or your insurance company’s complaint department to hold them accountable.
<<BONUS #2>>
17. Misunderstanding the Timeline for Filing a Civil Case and the Importance of Timely Medical Care
Misunderstanding: Many people believe they have unlimited time to file a lawsuit after a car accident, or they may think that they can delay seeking medical care without consequences for their legal case.
Reality: In most states, you typically have two years from the date of the accident to file a civil lawsuit (this is called the "statute of limitations"). However, while you have this time to take legal action, it's critical to seek medical care immediately after the accident, even if you don’t feel injured right away. Delaying medical treatment can not only harm your health but also negatively impact your legal case. Insurance companies and courts may view a delay in treatment as evidence that your injuries were either not serious or caused by something other than the accident, potentially reducing the value of your claim. Prompt medical documentation helps establish a clear connection between the accident and your injuries, which is essential for securing compensation for medical bills, lost wages, and pain and suffering. Always prioritize your health, and consult with a healthcare provider as soon as possible after an accident.
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