What should you say? What should you do? And, even more important, what should you not say or do if involved in a motor vehicle accident?
“Chiropractors, MDs, physical therapists, attorneys — professionals who treat or are involved in the care or legal representation of accident victims — have seen the consequences of patients who hurt their own cases by having no idea how to answer (those questions),” says San Marcos, Calif., chiropractor and author Gary N. Lewkovich.
Several years ago, Lewkovich developed a list of mistakes patients make, “that occur from a lack of awareness or a degree of misguided thinking. Whatever the cause, the effect on their personal injury or workers’ compensation case can be absolutely devastating, and in some instances, it results in a zero settlement.”
From just $107.88 $24.99 for Kiplinger Personal Finance
Be a smarter, better informed investor.
Sign up for Kiplinger’s Free Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
Here are several of those mistakes:
1. Obtaining insufficient information at the scene of the accident.
Lewkovich recommends getting the names and phone numbers of any witnesses. Also, take photos of the damage from several angles as well as the other driver’s driver’s license and proof of insurance.
Many auto insurance carriers provide well-designed forms to capture the critical information. They are simple to fill out and should be kept in your vehicle at all times.
2. Admitting liability for the accident.
Never say, “I’m sorry! It was my fault,” as this admission can be used against you and severely complicate the case, according to Lewkovich. What if you think it’s your fault, but it really isn’t? Often, we are not aware of what actually happened. So be polite, but never admit fault.
3. Giving the auto insurance company too much information.
All auto insurance companies have their own best interests at heart, Lewkovich points out. Yours are secondary. Recorded statements can be twisted and edited — especially today with AI — in such a way as to hurt your case.
Therefore, request that all questions be provided in writing. If the adjuster says they only record interviews, then reply, “I am turning on my recorder as well,” as you have that right. Keep your answers short and focused and don't downplay any symptoms. Refer questions about your medical condition to your treating chiropractor or physician.
4. Trying to conceal past injuries or conditions.
Many patients believe that the existence of past injuries or conditions hurts their personal injury case. In reality, pre-existing problems often increase the likelihood of greater damage from a motor vehicle accident, Lewkovich notes.
Actual patients’ histories show that more extensive and longer care is typically required when certain problems are already present. Even if you try to hide the past, remember that your medical records will reveal the truth. When that happens, nondisclosure often comes across as deceitful behavior and can sink an otherwise good case.
5. Not seeking care early.
A delay in seeking care is often understood to mean a less serious injury, Lewkovich says. If that occurs, it is imperative to carefully document all the reasons why you were unable to obtain care sooner.
6. Relying upon medication alone to treat injuries.
For the most part, medication used to treat symptoms often does little for the root cause. Research shows that for most motor vehicle injuries, treatment with only symptom-suppressive medication offers a much poorer prognosis than methods that actually restore function.
7. Downplaying your injuries.
Some people feel uncomfortable and/or hesitant to disclose the full nature of their injuries, Lewkovich reports. They downplay existing symptoms and may fail to report new ones. Auto insurance companies save tons of money when this occurs, and the patient suffers unnecessarily. Your treating doctor should be aware of this possibility and recurrently ask patients about any other symptoms that may be present.
8. Exaggerating your injuries.
This is the flip side of the above mistake. There is a small percentage of patients who amplify their symptoms. If this is suspected by the claims adjuster or defense attorney, the case can take a nosedive rapidly. Credibility issues poison any personal injury or workers’ compensation case, Lewkovich warns. The settlement offer could plummet to zero, and the patient may have significant medical expenses to pay on their own. For good reason, plaintiff attorneys and doctors run from these patients and clients.
9. Doctor shopping.
Changing doctors frequently is a red flag to the defense. It is important to do your own due diligence prior to choosing a doctor or follow your attorney’s recommendations.
10. Failing to have a consultation with a personal injury attorney.
Auto insurance companies rely upon the advice of their legal teams when deciding how to handle accident cases. Most injured patients lack the training, experience and patience to effectively deal with these issues. That is why it is often helpful, and sometimes vital, to get a consultation with an experienced personal injury or workers’ compensation attorney. These consultations are usually free of charge or obligation.
Lewkovich concluded our interview with this encouraging advice: “Think of your health care providers and your attorney as part of a team. Always feel confident to discuss any issues that come up. We are here to help.”
Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.
Related Content
- How to Avoid a Big Hassle if Your Financed Car Gets Wrecked
- So That Car Accident Wasn’t Your Fault, Huh?
- Why Has Your Car Insurance Gone Up? (And What You Can Do About It)
- If Cars With Touchscreens Are Unsafe at Any Speed, Why Do We Have Them?
- Making Fraudulent Insurance Claims Can Land You in Jail
-
I'm a Financial Planner: Here's How to Invest Like the Wealthy, Even if You Don't Have MillionsPrivate market investments, once exclusive to the ultra-wealthy and institutions, have become more accessible to individual investors, thanks to regulatory changes and new investment structures.
-
Four Ways a Massive Emergency Fund Can Hurt You More Than It HelpsSaving too much could mean you're missing opportunities to put your money to work. Redirect some of that money toward paying off debt, building retirement funds, fulfilling a dream or investing in higher-growth options.
-
I'm a Financial Planner: How to Dodge a Retirement Danger You May Not Have Heard AboutTiming is everything, and sequence of returns risk can mean the difference between a retirement nest egg that's overflowing … or empty.
-
Caring for Aging Parents: An Expert Guide to Easing the Financial and Emotional StrainEarly conversations, financial planning and understanding the progression of care needs can help to mitigate stress and protect family relationships.
-
I'm a Financial Adviser: The OBBB Is a Reminder for Older People to Have a Long-Term PlanThe new tax bill presents a good opportunity for retirees to revisit tax plans, look into doing some Roth conversions and consider plans for long-term care.
-
I'm an Insurance Expert: This Is Exactly Why Your Insurance Rates Are Soaring (and What You Can Do)A dramatic rise in the frequency and cost of severe weather and wildfires means you need to prepare, prepare, prepare — no matter where you live — for higher premiums.
-
Q3 2025 Post-Mortem From an Investment Adviser: Markets Continue to Climb, Gold ShinesThe third quarter saw market gains driven by Fed rate cuts and strong earnings, despite high valuations and concerns about speculative trading and job growth. Gold and international stocks could be potential hedges.
-
Moving Abroad? You Might Need a Cross-Border Financial AdviserIf you want to live in another country long term, you could benefit from an expert's guidance. Here's how to find a good qualified adviser to help with residency requirements, documentation, financial laws and tax impacts.
