Common Mistakes That Can Derail Your Maryland Personal Injury Case

You get into a minor accident. You file a claim with the other driver’s insurance carrier. You think it’s an easy claim. Then, the other driver’s insurance company sends you a letter denying your claim. The other driver told them that you apologized at the scene. They say this means that the accident was your fault, and they don’t have to pay.

Many people are surprised to learn that simple mistakes can derail a personal injury case. Worse, this is true even if you didn’t know that it was a mistake at the time.

This article addresses some common mistakes people make after car accidents that can hurt their injury claims. It also discusses how Maryland laws, such as contributory negligence, affect how these mistakes are viewed.

Mistake #1 – Admitting Fault

Before explaining why this is such a big deal, let’s look at an important part of Maryland car accident law.

There are two basic ways of handling fault after a car accident. In most states, a person who is partially responsible for causing the car accident that injured them can still collect damages from the other driver. However, their recovery will be reduced by the percentage of fault. Assume that Driver B hits Driver A and the jury decides that Driver A is 25% responsible for the crash. If the jury awards Driver A $100,000, Driver A will receive only $75,000.

However, Maryland and a handful of other states use a rule called contributory negligence. Under this rule, a person who is partly responsible for causing the crash gets nothing from the other driver. This rule applies even if the person is only one percent at fault.

Now that we understand this rule, let’s assume that after the crash, Driver A says to Driver B, “It was all my fault!” If Driver A later files an insurance claim in Maryland, the other driver’s insurance company will argue that Driver A admitted fault and, therefore, contributory negligence applies.

To protect yourself, say nothing at the scene. Exchange insurance and contact information, but don’t discuss the accident.

Mistake #2 – Delaying Medical Treatment

Determining how much a car accident insurance claim or personal injury case is a complex process. Part of the value is determined by the nature and extent of the accident injuries. If you wait too long to see a doctor, the other driver’s insurance company will argue that your injuries are not as serious as you claim, or worse, that they are nonexistent. So, after an accident, seek medical treatment as soon as possible.

Mistake #3 – Giving the Insurance Company a Recorded Statement

After you report the accident, the other driver’s insurance company will reach out to you to learn more about what happened. At some point, they may ask you for a recorded or written statement. Do not give it to them. The recorded statement is permanent, so saying the wrong thing could seriously hurt your claim. Let your Laurel injury attorney talk to them for you or help you craft a statement that protects your claim.

Mistake #4 – Talking about the Accident on Social Media

Everyone loves to share updates about their life on social media. But just as what you say at the scene of the accident matters, so does what you say afterward. If your post says, “I hit this car. It came out of nowhere!” it will be used to argue that you were at fault.

Social media can affect your claim in other ways, too. If you say that you are severely injured but post pictures or videos of yourself engaging in strenuous activities like hiking, biking, or skiing, the insurance company will downplay your injuries. Additionally, a social feed filled with pictures of you smiling and happy will undermine your arguments about pain and suffering and other related damages.

Bottom line: Avoid social media as much as possible until your accident claim or lawsuit is finished.

Mistake #5 – Accepting the First Settlement Offer

After an accident, the medical bills can pile up fast. Insurance companies know this, so they make offers soon after the accident. However, these offers are usually barely enough to cover your medical bills. Also, until you reach maximum medical improvement, you likely won’t know if your settlement should cover future medical bills and wage losses in addition to the ones you’ve already suffered.

Protect yourself by letting your Laurel accident attorney negotiate the settlement for you.

How a Laurel Accident Attorney Can Help After a Maryland Accident

Accidents are stressful. Fortunately, you don’t have to handle the process yourself. An experienced personal injury attorney can help you protect your rights by:

Talking to insurance companies on your behalf
Investigating and gathering evidence to support your claim
Providing evidence to counter any prior problematic statements (e.g., explaining why you had to delay medical treatment)

If you need help navigating the legal system after a Maryland car accident, contact the Law Offices of Thomas E. Pyles. Our team has decades of experience fighting for people like you. Call 301-705-5006 or use our online contact form to schedule a free, no-obligation consultation.