5 Common Mistakes That Could Affect a Car Accident Claim in Delaware

It’s easy to feel overwhelmed in the moments immediately following a car accident. As if dealing with physical injuries and emotional distress weren’t taxing enough, the legal and logistical challenges associated with traffic collisions can put frightened victims over the edge. Unfortunately, even minor missteps in the aftermath of a collision can have major consequences for a future car accident claim, so it’s important to stay calm and move forward with intention as soon as you are safely able to do so.

At Silverman, McDonald & Friedman, our experienced Delaware car accident lawyers understand the most crucial components of a successful car accident claim and have over 100 years of combined experience helping accident victims fight for their rights after a crash. Here are five common mistakes we see clients make after their car accidents, and some thoughts about how you can prevent them.

Post-accident behavior: Why it matters

In 2022, there were over 27,000 traffic crashes reported in the state of Delaware, resulting in roughly $1.3 billion in economic losses. While we all hope for the best after an accident, these statistics speak to the uniquely devastating financial consequences of even minor collisions. That’s why it’s so important that you avoid making any major mistakes after an accident if you’re hoping to maximize your payout.

From protecting your legal rights to preserving critical evidence, each action you take (or fail to take) may influence the outcome of your car accident claim and impact your ability to secure the compensation you need to move forward. Here are five common behaviors that can lead to complications throughout the claims process:

1. Giving a recorded statement to the insurance company

If you’re tempted to reach for your phone in the moments immediately following a crash, you might want to think twice before dialing up your insurance company. Anything you say to your insurance representative is subject to being recorded and could be used to deny or diminish the value of your future claim.

Because Delaware uses a comparative negligence system when determining fault in car accidents, any inadvertent admission of partial responsibility for a crash could wind up costing you money in the long run. Similarly, statements that allude to your physical injuries or state of mind immediately following a crash could later be used by insurers or opposing counsel to challenge the validity of your personal injury claim.

Even if you think your statement is harmless, it’s best to refrain from giving any sort of detailed account to insurance companies until after you’ve had a chance to speak to a trusted car accident attorney. Your lawyer can handle all communications and ensure your words aren’t misinterpreted or twisted in an effort to devalue your future case.

2. Failing to report the accident

Even if you believe the accident was minor, it’s important to file a report with law enforcement. Without an official police report, it can be difficult to prove specific details of your case moving forward, and in some situations, failure to file a police report could actually open you up to legal consequences.

Under Delaware law, motorists are legally required to report any crash involving:

• Injury or death
• Suspected impairment by drugs or alcohol
• $2,000 or more in property damage for crashes on a public highway

To be on the safe side, it’s best to err on the side of always calling the police, even if the damage seems minimal or the other driver suggests keeping it “off the record.” A police report can be used to corroborate key details of your testimony during insurance negotiations or legal proceedings and can help protect you against erroneous claims of full or partial liability for a crash.

3. Delaying medical treatment

In the United States, astronomical healthcare costs often lead injured accident victims to delay or avoid medical treatment following a crash. However, some injuries (like TBIs) substantially worsen over time, and waiting too long to seek care could result in additional medical and legal complications.

Failing to seek medical attention after an accident can give insurance companies grounds to argue that your injuries were not that serious or not directly attributable to your crash. Additionally, delayed treatment may result in complications that insurers will claim could have been avoided if you had sought prompt medical care in an effort to avoid paying you the full value of your claim.

What you SHOULD do: Even if you think your crash or injuries were minor, you should get checked out by a doctor as soon as possible after an accident and follow all treatment recommendations to a T. Medical records from these appointments can be used to document the extent of your injuries and support a current or future injury claim.

4. Not gathering evidence at the scene

Your safety should always come first after a crash, but it’s important to take photos and videos of the accident scene as soon as you are physically able to do so. You can use your phone camera to document property damage, physical injuries, skid marks, debris, traffic signs, and road conditions at the time of your crash.

You should also make a point to collect the names and contact info of anyone who may have witnessed the accident in case their testimony is needed to corroborate your account of the incident down the line. You must also remember to get the other driver’s insurance and license plate details and provide any information the other driver might need from you prior to leaving the scene.

5. Accepting the first settlement offer

Insurance companies are known for offering “generous” settlements to victims shortly after a crash.  While these offers might look reasonable on paper, they very rarely reflect the full value of a claim. If you accept a low-ball offer too soon, you might lose your ability to pursue additional compensation when costs begin to compound down the line.

Even if you’re tempted to accept the first settlement offered by your insurance company just to get things over with, we promise it’s worth it for you to consult a skilled car accident lawyer before agreeing to anything. An experienced lawyer can calculate the full scope of your damages and begin the process of negotiating for a fairer settlement that truly reflects your losses.

Bonus mistakes that can affect your claim

In addition to the five major missteps above, there are a few more common errors that can negatively impact a car accident claim:

• Admitting fault at the scene: Even saying “I’m sorry” can be interpreted as accepting blame, and in a comparative negligence state like Delaware, this can prove to be a very costly mistake. Stick to the facts, let investigators determine fault, and avoid saying anything that could be used against you by insurers or opposing counsel.
• Posting about the crash on social media: Insurance companies may monitor your online presence and can use any online statements about your crash against you. It’s best to avoid posting updates, photos, or comments about the accident or your recovery so as not to inadvertently share information that might compromise the viability of your claim.
• Missing deadlines: Delaware has a two-year statute of limitations for filing most personal injury claims. Waiting too long to file a claim could bar you from recovering compensation and leave you struggling to handle the financial burden of your injuries alone.
• Not hiring a lawyer: Navigating the claims process alone can leave you saddled with a disproportionate or untenable amount of financial strain. A Delaware personal injury lawyer can help you avoid making any of the common mistakes we’ve explored above and work to advocate on your behalf throughout every step of the claims process.

Need more help?

If you were injured in a crash caused by another person’s negligence, don’t compromise your chance to recover compensation by making a preventable mistake. The team at Silverman, McDonald & Friedman is here to help you take all the right steps (and avoid all of the wrong ones) while navigating insurance negotiations or the civil claims process.

We proudly serve clients in Wilmington, Newark, and Seaford, and are ready to fight for accident-related compensation. Give us a call today or fill out our contact form to schedule your free consultation, and let’s take the next step together in your pursuit of justice.