A crash turns life upside‑down in seconds. While you can’t rewind the wreck, you can avoid missteps that shrink insurance payouts, extend recoveries, and weaken legal claims.
Below are the most common pitfalls we see, and how to dodge them.
1. Not Calling Police or Getting an Accident Report
A formal Kentucky Uniform Police Traffic Collision Report is the backbone of your case. Without it, fault becomes a he‑said‑she‑said argument.
Tip: Set aside sympathy for the at-fault driver. Get an accident report. While the other person may insist on exchanging information and leaving, things could pivot quickly if you do so. Stories can change. Insurance information could be invalid. You could end up battling insurance companies over matters that an officer and a report would have solidified.
2. Giving a Recorded Statement Too Soon
Insurance adjusters often call within hours, hoping you’ll lock yourself into details before you understand the full extent of your injuries. Politely decline any recorded statement until you’ve spoken with an attorney.
Tip: While your insurance policy likely requires that you cooperate with your insurer, that does not require a recorded call on day one.
3. Saying “I’m Fine” or Reporting No Injuries
Adrenaline is flowing after a car crash. Meanwhile, symptoms of soft‑tissue damage, concussions, and internal injuries can surface days or weeks later. A casual “I’m okay” to the police officer (remember you are likely being recorded on a body camera) or on social media is ammunition for the defense.
Tip: Describe pain accurately.
4. Sidestepping Medical Treatment
If you’re hurt, get medical treatment to recover. Rule out structural injuries. Follow your medical provider’s instructions. This is not the time to play tough guy. If you do, it may cost you more than you could ever imagine from a long term health and financial stance.
Also, gaps in care and records of disregarded medical advice suggest you weren’t truly hurt. Take your own health seriously.
Tip: Better safe than sorry. Get checked out. Get diagnostics to rule out structural injury. Get the treatment you need to recover.
5. Failing to Properly Manage PIP Benefits
You have $10,000 in basic PIP benefits. Those are yours to manage as you prefer for medical bills, wage loss, and some other limited uses. If you simply fill out the forms given to you by your insurance to obtain those benefits, there’s a chance they will be eaten up quickly by any billing related to ambulance services, emergency room consults, and diagnostic testing. Don’t let that happen. Once PIP funds are spent, you pay medical bills out-of-pocket until a settlement. Manage those benefits wisely (or advise your attorney to do so). There are strategic methods of stretching those benefits further, depending on what they are used for.
Tip: Reserve your benefits. Set them aside for lost wages and any medical treatment that would otherwise require an out-of-pocket payment.
6. Accepting a Quick Settlement
Low‑ball offers arrive fast, often before diagnostic imaging is complete. Do not fall for this trap. If you sign a release, you forfeit future claims.
Tip: Never sign without a clear prognosis and an attorney’s review.
7. Not Taking Pictures of Visible Injuries
Today, more than ever, visual evidence of injuries is far more compelling than medical narratives. Take pictures. Then take more. If you have visible injuries or scarring, it is imperative that you visually document the healing and disfigurement. Take high-resolution photos.
Tip: Take photos of visible injuries every few weeks after the accident. If they remain visible afterward, take them at least a few times a week. Keep taking them until either they disappear or they reach a point where they are permanent.
8. Posting on Social Media
Insurers hire investigators who screenshot posts, check‑ins, and even tagged photos. A single gym selfie can undermine weeks of physical‑therapy records.
Tip: Set accounts to private and stop posting until the claim is resolved.
9. Handling the Claim Without Legal Help
After an accident, there is a lot at stake for victims. A misstep can result in losses of tens or hundreds of thousands of dollars.
Tip: Don’t gamble with your future. Get a lawyer.
10. Repairing or Disposing of the Vehicle Too Quickly
Your car is evidence. Allow the other side an opportunity to inspect before repairs or salvage. Keep all repair estimates and parts receipts.
Tip: Do not take any action concerning repairs or disposing of your vehicle after a crash without the express permission of the insurance companies.
Protect Your Claim—Talk With Us Early
Contact Sam Aguiar Injury Lawyers before you speak with adjusters or sign anything.
The consultation is free, and we only get paid when you do.
Phone: 502‑888‑8888