Auto accidents can happen instantly, but their effects often last longer. At White Law PLLC, we have assisted numerous clients through the complex process of filing auto accident claims. Our knowledge in this area has gained national attention, with our firm being recognized by CNN, TIME, and USA Today.
Through our experience, we have identified several common mistakes that can significantly impact the outcome of an auto accident claim. An Okemos car accident lawyer can help you navigate the claims process more effectively by highlighting these pitfalls and offering practical advice on avoiding them. Knowing the potential errors to steer clear of when filing your auto accident claim in Michigan is helpful.
Delaying Medical Treatment
Seeking immediate medical attention after an auto accident is vital for your health and well-being, and it is one of the things to never do following a car accident. Many injuries, such as whiplash or internal trauma, may not manifest symptoms immediately after the incident. Prompt medical evaluation ensures that any hidden injuries are identified and treated early, potentially preventing long-term complications.
Timely medical care also creates a clear link between the accident and your injuries, which is essential for your claim. Insurance companies often scrutinize the timing of medical treatment when assessing claims. Delaying medical attention can give insurers grounds to argue that your injuries are not as severe as claimed or are unrelated to the accident.
Postponing treatment can lead to more severe health consequences and higher medical costs in the long run. Some injuries may worsen without timely intervention, potentially requiring more extensive and expensive treatments later. By seeking immediate medical care, you protect your health and strengthen your position in any subsequent legal proceedings.
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Failing to Document the Accident Scene
Proper documentation of the accident scene is critical for building a strong claim, and many individuals overlook this step, potentially weakening their case. Thorough documentation provides concrete evidence to support your version of events. When safe to do so, take these steps to document the scene:
- Photograph vehicle damage, road conditions, and any visible injuries
- Obtain contact information from witnesses
- Note the time, date, and exact location of the accident
- Sketch a diagram of the accident scene
These details can prove invaluable when reconstructing the accident for insurance claims or legal proceedings. Comprehensive documentation helps establish fault. This can make or break your case when securing fair compensation for your injuries and damages.
Admitting Fault or Apologizing
It is natural to feel shaken and possibly even remorseful. However, admitting fault or apologizing at the scene can have severe consequences for your claim. Even a simple “I am sorry” can be misconstrued as an admission of guilt.
Michigan follows a modified comparative negligence rule, meaning your compensation can be reduced based on your percentage of fault. Any statement interpreted as accepting blame may be used against you by insurance companies or opposing attorneys. You must remain factual when discussing the accident with others at the scene or with law enforcement.
Always stick to objective facts when recounting the incident. Let investigators and insurance adjusters determine fault based on evidence. This is better than potentially damaging statements made in the heat of the moment.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Neglecting to Report the Accident
Failing to report an auto accident to the appropriate authorities and your insurance company can jeopardize your claim. In Michigan, you must report accidents resulting in injury, death, or property damage exceeding $1,000 to the police. This duty must be addressed to avoid legal consequences and complicate your insurance claim.
Many insurance policies have strict reporting deadlines, sometimes as short as 24 hours after the incident. Notifying your insurer promptly can give them grounds to deny your claim. Even if you believe the accident was minor, it is crucial to report it to protect your interests.
Remember, reporting the accident does not equate to filing a claim. It simply ensures that the incident is on record. This can be vital if injuries or damages become apparent later.
You will always work directly with your attorney throughout your case.
Settling Too Quickly
Insurance companies often pressure claimants to accept quick settlements, especially in the immediate aftermath of an accident. While a fast resolution might seem appealing, accepting an early offer can be costly. Initial settlement offers are typically far below the true value of your claim.
Your injuries’ full extent and long-term impact may not be immediately apparent. Accepting a settlement before understanding the full scope of your damages can leave you under-compensated for future medical expenses, lost wages, and pain and suffering. You should have a comprehensive understanding of your injuries and their potential long-term effects before considering any settlement offer.
Consulting with an experienced car accident attorney in Michigan can help you accurately assess the value of your claim. They can negotiate on your behalf to ensure you have a potential chance of receiving fair compensation. This is important to possibly cover your current and future accident-related expenses.
Overlooking the Statute of Limitations
Michigan law sets strict time limits for filing auto accident claims, so it is important that when you are considering when to hire a car accident lawyer, you do so immediately. The statute of limitations for personal injury claims arising from auto accidents is generally three years from the accident date, according to MCL §600.5805. Failing to file your claim within this timeframe can result in losing your right to seek compensation entirely.
You must be aware of this deadline and take prompt action. While three years may seem like a long time, building a strong case often requires extensive investigation and preparation. Waiting too long to start the process can limit your options and potentially weaken your claim.
Remember that certain circumstances, such as claims against government entities, may have even shorter filing deadlines. Consulting with an attorney early in the process ensures all necessary actions are taken within the required timeframes. This can help protect your right to seek fair compensation.
Reach Out to White Law PLLC for Help with Your Claim
At White Law PLLC, we have helped countless Michigan residents secure fair compensation for their auto accident claims. Our experience and dedication ensure that your rights are protected throughout the claims process. Do not let simple mistakes cost you the compensation you deserve after an auto accident.
By avoiding these common mistakes and seeking professional legal guidance, you can significantly improve your chances of a favorable outcome. If you have been involved in an auto accident, contact a Michigan car accident attorney today for a free consultation.
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