What Not to Do in Car Accident Lawsuits

Whether you are the plaintiff (the person suing) or the defendant (the one being sued), there are some basic rules that will help you have a better outcome in car accident lawsuits.

Never Accept Responsibility

NEVER say or write anything that may constitute an admission of fault. Liability, or the obligation to pay, is based on fault. Being at fault can put in a position to pay someone else; or conversely, if you are suing but you are also at fault yourself, it can reduce what you collect, or even possibly bar your from compensation altogether.

Don't Apologize to the Other Party

An apology could be taken as an admission of fault--after all, people who are not at fault tend to not apologize. No matter how bad you feel, don't say, "I'm sorry."

Don't Delay in Contacting Your Insurance Company

Insurance policies typically obligate the insured to let the insurer know about accidents and potential claims within a short period of time. Failure to do so can invalidate coverage. As soon as the dust of the collision settles, call your insurer.

Don't Agree to Anything on the Spot

It's understandable to want to move on with your life. But when you're emotionally shaken--or in pain--is not the time to make financial decisions. Do not agree to any settlement, payment, or other arrangement at the scene of the accident.

Don't Mention Prior Medical Conditions or Previous Car Problems

If you're the plaintiff, you can only recover for loses, damage, or injury caused by the accident.  Any pre-existing problems are not the defendant's responsibility. If you mention previous medical or car problems, you will reduce your recovery.

For either the plaintiff or the defendant, pre-existing medical or car problems could be taken as factors contributing to the accident--which means that they may either increase your own responsibility for the accident, or decrease that of the other party.

Don't Simply Drive Away

Hit-and-run is a crime. The last thing you need after an accident is to be arrested or charged.

Don't Forget to Get Information Identifying the Other Party and Any Witnesses

You need to be able to find the other party for a lawsuit. You'll also want witnesses. Make sure you get identifying and contact information for them.

How An Attorney Can Help

Evaluating fault, figuring out what injuries or property damage may be worth, and negotiating with an insurer are all complex; they are also things that most people , thankfully, don't have much experience with. Even before getting to a courtroom, a lawyer can help you understand your liability, determine what is at stake, and present your case to the other party, any insurers, and their attorneys.