Author: Shelby Benavidez 

Contributing Attorney: Dana Nichols, attorney 

Table of contents

TL;DR: Mistakes to Avoid After a Car Accident 

  • Leaving without documenting the scene. If you don’t need emergency medical care, take photos, gather witness information, and exchange information with the other driver before leaving. 
  • Putting off medical care. Some injuries may not be obvious right away. Get checked out and follow your doctor’s treatment recommendations. 
  • Saying too much to an insurance adjuster. Stick to the facts, don’t guess about what happened, and avoid making statements about fault or the extent of your injuries. 
  • Posting freely on social media. Even innocent posts unrelated to the accident can be taken out of context by an insurance company. 
  • Keeping Poor Documentation. Keep track of medical bills, lost wages, out-of-pocket expenses, and how your injuries affect your everyday life. 
  • Waiting too long to file a claim. Evidence disappears quickly, and the statute of limitations determines how long you have to pursue a claim. 
  • Accepting an early settlement. Don’t settle before you understand the extent of your injuries and what the accident has fully cost you. 

A car accident can turn an ordinary day upside down in seconds. Once the initial shock wears off, you may be left dealing with injuries, car repairs, insurance calls, missed work, and a long list of questions about what comes next. 

What you do after a crash matters. Unfortunately, some seemingly harmless decisions can make it harder to protect your health, document what happened, or recover the full value of your injuries and losses. 

Here are seven common mistakes to avoid after a car accident in Texas and what you can do instead. 

1. Leaving the Accident Scene Without Documenting What Happened 

Your health and safety should always come first after a car accident. If you are seriously injured or need to be transported to the hospital, focus on getting the medical care you need. You should never delay emergency treatment to take photos or gather evidence. 

However, if you are able to safely remain at the scene, take some time to document what happened before you leave. This includes photos and videos of the vehicles involved, including damage from several angles; photos of the accident scene, including skid marks, debris, traffic signals, nearby signs, and anything else that may help show how the crash happened; the other driver’s name, contact information, driver’s license, and insurance information; and the names and contact information of any witnesses who saw the accident. 

Evidence can disappear quickly. Vehicles get towed, debris gets cleared, security footage gets deleted, and witnesses leave. Photos, videos, witness statements, and other evidence can help piece together what happened later, especially if the drivers or insurance companies disagree about who was responsible. 

Finally, always call 911 and report the accident. A responding officer can investigate the crash and create an official crash report that may become an important piece of evidence later. 

2. Waiting to Get Medical Care 

You may walk away from a car accident feeling surprisingly okay. That doesn’t always mean you’re uninjured. 

The adrenaline and shock that come with a crash can temporarily mask pain. Some injuries may also take hours or even days to become noticeable. 

If you are injured or experiencing symptoms after a wreck, don’t put off medical care. A doctor can evaluate your injuries, recommend treatment, and help you understand what recovery may look like. 

Following through with your treatment is important, too. Skipping appointments or stopping treatment before your doctor recommends it can affect your recovery. It may also give the insurance company an opportunity to argue that your injuries weren’t as serious as you say. 

Your health comes first. Give yourself the opportunity to understand the extent of your injuries before making decisions about your claim. 

3. Saying Too Much to an Insurance Adjuster 

One of the biggest mistakes to avoid after a car accident is assuming the insurance adjuster is on your side.  

An adjuster may sound friendly and concerned, but their job is to investigate the accident on behalf of the insurance company. The questions they ask – and the answers you give – can affect how the company evaluates your claim. 

What Not to Say to an Insurance Adjuster After a Car Accident 

You don’t need to be rude or confrontational when speaking with an adjuster. You should, however, be careful about providing information you’re unsure of or making statements that could be taken out of context. 

Avoid statements like, “I’m fine,” or “I’m just sore.” You may not know the full extent of your injuries yet, especially in the first few days after an accident. Simple comments made in passing may be used to diminish the value of your claim. 

“I’m sorry.” An apology can simply be a natural reaction after something scary happens, but it could be interpreted as accepting responsibility for the crash.  

“I think I was going about…” Don’t guess. If you aren’t certain how fast you were driving, how far away the other vehicle was, or exactly when something happened, say that you don’t know rather than speculating. 

“I just didn’t see them.” There may be a reason for that, and fault isn’t always obvious immediately after a wreck. Evidence you haven’t seen yet could change your understanding of what happened. If an adjuster or officer asks for your recollection of events, tell them what you know and nothing else. 

You should also be cautious about agreeing to a recorded statement or signing documents you don’t fully understand. 

Overall, whether speaking to a police officer or the insurance adjuster, stick to the facts. If you’re uncomfortable answering a question or aren’t sure how to respond, you can speak with a car accident attorney before providing additional information. 

4. Posting on Social Media During an Active Claim 

After a car accident, word spreads fast, and you’re probably getting messages left and right. It’s natural to want to update friends and family through social media. However, while your claim is ongoing, even an innocent post can create problems you didn’t expect. 

An insurance company may look at publicly available posts, photos, videos, or comments when investigating your claim. What you share doesn’t have to be about the accident to be taken out of context. 

For example, imagine you post a smiling photo at your child’s birthday party a few weeks after your accident. That photo doesn’t show the pain you were in before the party, the medication you took to get through it, or how long you had to rest afterward. Still, an insurance company may attempt to use that as evidence that you aren’t as injured as you claim. 

You don’t have to stop living your life because you were injured. But while your claim is ongoing, think carefully about what you share online, whether it’s about your accident, your recovery, or just your everyday life. 

5. Failing to Keep Evidence of What the Accident Cost You 

A car accident can cost you much more than the price of fixing your vehicle. Keep records of expenses and losses related to the crash, including medical bills, prescription costs, missed work and lost wages, and any other out-of-pocket costs related to your injuries. 

It’s also important to document how your injuries have affected your everyday life. Maybe you can’t pick up your child anymore. Maybe you’ve missed family events, stopped doing a hobby you love, or need help with tasks you used to handle yourself. Those details help tell your unique story and show what the accident has fully cost you. Keeping a journal throughout your recovery can help you document your struggles, emotions, and day-to-day challenges as you experience them. 

6. Waiting Too Long to File a Car Accident Claim 

It’s easy to assume you have plenty of time to deal with a car accident claim, especially when you’re focused on medical appointments, work, and getting your life back on track. Unfortunately, time is of the essence after a car accident. 

While the statute of limitations in Texas is 2 years after the accident, evidence disappears quickly. Witnesses can become harder to locate. Surveillance footage may be deleted. Records can become more difficult to track down. 

You don’t have to wait until the deadline approaches to start protecting yourself. The sooner you file a claim and hire a qualified car accident attorney, the better chance you have of securing full value for your injuries. 

7. Accepting a Settlement Before You Know the Full Value of Your Injuries 

After an accident, getting a settlement check quickly can sound like a relief. You may already have medical bills piling up or be missing paychecks because you can’t work. But an early settlement is rarely ever a fair settlement. 

You may not yet know whether you’ll need additional treatment, how long you’ll be unable to work, or whether your injuries will affect you months or years from now. Once you accept a settlement and sign a release, you can’t go back and ask the insurance company for more money because your injuries turned out to be worse than expected. 

Before accepting an offer, make sure you understand what the accident has truly cost you. A fair settlement should account for the full value of your injuries and losses, including the ways the accident may affect your future. 

What Should You Do After a Car Accident Instead? 

Knowing the mistakes to avoid after a car accident is only half the battle. You also need to know what steps can help protect you. 

Focus first on your health and safety. Report the accident, document what you can, get appropriate medical care, save important records, and be cautious when communicating with insurance companies. 

You also don’t have to figure everything out on your own. An experienced car accident attorney can help you understand what comes next after a serious car accident. They can investigate what happened, preserve important evidence, deal with the insurance company, and help determine the full value of your injuries. 

If you’ve been injured in a Texas car accident, learn more about our car accident services or schedule a free consultation. We will listen to your story, answer your questions, and help you understand your options so you can move forward with confidence.