If you were recently injured in an auto collision or have questions about what to do if you are ever involved in a crash, consider reaching out to Berry Law’s knowledgeable team of attorneys. One of our steadfast legal advocates can help you avoid simple mistakes after a car accident in Omaha, so do not hesitate to consult with a strong legal advocate at our firm.
Admitting Fault at the Scene of an Auto Collison in Omaha
It is a mistake to admit fault at the scene of a car accident in Omaha because of your obligation to your insurance company. When you sign up with an insurance company, you are obligated to not take any action that prejudices the rights of the insurance company or their policy in defending you. In other words, you cannot take any action that would impede your insurance company’s ability to legitimately defend you.
Depending on the nature of what is said at the scene of the accident, the insurance company could allege that you failed to adhere to their policy and may no longer cover you under this plan as a result of what they consider a breach of the terms and conditions of their contract. That means you would not have insurance, and you would be personally responsible for your losses.
Furthermore, there is a doctrine in state civil law called “admission by party opponent.” If you admit fault or apologize at the scene of a crash, the defendant can come to court and relay that admission to the jury or judge. This is persuasive evidence in court, so you risk losing your case before it even starts by admitting fault or apologizing at the scene of the collision.
Refusing Immediate Medical Treatment
Refusing immediate medical treatment after being involved in a car accident is a mistake. The insurance adjuster will say that you were not actually hurt that badly because you did not go to a doctor. The insurance defense attorney will claim that you are lying about the extent of your injuries. Refusing medical care after a car wreck allows the insurance company to argue that you are not actually injured.
People typically refuse treatment initially because they do not realize how severe their injuries actually are and think they are okay in the moment. Another reason is that they do not have insurance and know that once they go to the emergency room, they are going to face thousands of dollars in hospital bills, depending on what they do.
Failing to Follow Doctors’ Orders
In the aftermath of an Omaha car accident, it is a mistake to not follow doctors’ orders or follow up with medical treatment. Failing to follow doctors’ orders impacts your case because it allows the insurance company to argue that you failed to mitigate your damages, and that your failure to follow treatment recommendations is the real cause of your present condition. The mistake to not follow up with medical treatment gives the insurance company the argument that you are not actually injured.
Giving Recorded Statements to the Defendant’s Insurance Company
Giving recorded statements to the other driver’s insurance company before consulting with an attorney gives the insurance company a free deposition which can be used against you. They are looking for a reason to provide the best defense possible for their insured party. People make admissions to insurance adjusters without truly understanding what they are saying, and recorded statements are often taken out of context.
You may be called shortly after the accident while you are still being treated and under the influence of medications. Under these circumstances, you may make some statements that are not totally true that may be taken out of context or do not reflect the actual facts of your case.
Contact an Attorney to Avoid Making Crucial Mistakes after a Car Accident in Omaha
It can be a mistake to fail to contact an attorney right after a car accident. Without proper legal guidance, you risk giving a damaging statement to the insurance company. Failing to receive medical treatment at the scene of a collision and subsequently failing to follow up with doctors’ orders could be detrimental to your claim for compensation. Let a member of Berry Law’s legal team help you understand the mistakes to avoid after a car accident in Omaha by calling our firm today.