Common Mistakes to Avoid After a Car Crash in Massachusetts

A car crash can leave victims shaken up, injured, and uncertain of what they should do next. In this state of mind, it is all too easy to make mistakes that can affect the medical care you receive and your legal rights as you seek compensation in the weeks and months to come. Insurance companies will use any mistake you make against you—so make sure you know what to avoid and how to safeguard your personal injury claim.

Having the right legal representation is a big part of getting what you deserve after a Massachusetts car accident. Find out how Santoro & Gray can help you now. Call us to schedule a time to talk about your case with our team of car accident lawyers.

Failing to seek medical care right away

This is one of the most expensive mistakes you can make after a car crash. No one wants to seek unnecessary medical care; it wastes time and costs money. But the fact is that car crashes are traumatic. Your body absorbs enormous force during a crash, and you must be checked for injuries. Even if you feel fine after an accident, go to the doctor—some injuries are not immediately visible, and waiting too long to seek care could put your life at risk.

On top of that, delaying medical care can make it hard to get fair compensation. Insurance companies will use any gap in care to claim that your injury may have been caused by something else entirely.

Not filing a crash report

You are legally required to file a crash report if anyone is injured, anyone is killed, or any vehicle or piece of property suffers more than $1,000 of damage. Even outside this legal requirement, though, you should report accidents to the police. A surprising number of people agree to settle accidents without getting insurance involved. Then, suddenly, they can’t contact the other driver, or the other driver changes their story completely. They may even deny that they were at the crash scene at all, leaving you trying to recoup your losses from your own insurance company (and dealing with the subsequent increase in premiums). Filing the required crash report and obtaining a police report can memorialize what happened, but also help to assure that all insurance information is documented.

Speaking to insurance companies without legal guidance

You are required to talk to your own insurance company. Your contract requires you to inform them of any accident you’re involved in right away and cooperate with their investigation. However, you are not at all required to help the other driver’s insurance company. Remember, they are not your friend and they are not there to help you. They want to pay you as little as possible for your injuries, and when you talk to them without an attorney, you make their job even easier. If they reach out to you, redirect them to your car accident lawyer. Your attorney can handle all communication with them, which completely protects you from accidentally making incriminating statements.

Accepting a quick settlement offer

Some people think it’s a good sign when the other party’s insurance company reaches out with a quick settlement offer. However, you should take these early settlement offers with a large grain of salt. It doesn’t mean that they’re accepting responsibility and trying to make things right. It means that they realize their driver is at fault, and they have no idea the true scope of your injuries, and they want to get you to waive your right to sue before you realize the severity of your injuries. Any fast settlement offer you receive is likely far less than you actually deserve. If you accept an offer and later find out that your injuries are far more serious than expected, you have no recourse. You can’t go back and renegotiate your settlement or demand more money. Any new losses and bills are entirely on you.

Ignoring medical advice

When you start seeking treatment for your injuries, it is crucial that you listen to your doctor and follow their treatment recommendations. If you do not follow up on specialist referrals, attend appointments, or do your physical therapy exercises, the insurance adjuster will use that against you.

Not knowing how to work outside the no-fault system

While Massachusetts does have a no-fault insurance system known as Personal Injury Protection (PIP), there are situations where you can sue the other party as long as you are no more than 50% at fault. If you incur more than $2,000 in medical expenses, suffer a fatal injury, lose a body part, or suffer disfigurement, you can attempt to recover compensation from the other party. In this case, you may also be able to recover damages for pain and suffering. Many people don’t know that you can go outside the state’s no-fault system, which means they absorb costs that really should be the other party’s responsibility.

Protect your rights with Santoro & Gray

If you’ve been injured in a Massachusetts car accident, find out how our team of experienced attorneys can help you. Contact us online now or call us to get started.