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Personal Injury 101: What not to do after an accident
Aaron Ferguson Law Jul 27, 2020 12:00:00 AM

Car accidents are common, but finding yourself involved in one can be daunting and disorienting. Even the most practiced drivers make mistakes or lose their composure after a sudden collision.
After an accident, avoiding these common mistakes can protect your claim and your rights. Here's what NOT to do:
Do not admit fault
It is an honest instinct to apologize for an accident that may have been partially your fault, especially if it results in injuries, but it is critical not to apologize or admit that the accident might be your fault. Any admission can be used against you later. Wait to speak with an attorney before discussing fault.
Do not “shrug off” your injuries
People who have experienced trauma often do not feel the full effect of their injuries until days, or even weeks, later. Shock and adrenaline can block the brain's ability to feel pain, while the heat of the moment—or concerns about expensive ambulance bills—may cause victims to minimize their injuries.
Always seek medical attention immediately, even if you feel fine. Injuries like whiplash or internal damage may not appear for days. Delaying treatment hurts both your health and your claim.
Injuries can be more severe in commercial vehicle accidents because of the weight difference between a commercial truck and a passenger vehicle. Trucks often weigh 20-30 times more than cars.
Do not speak to the insurance company without your attorney
Insurance companies exist to make profit. They do not have your best interests at heart. Give only basic information to file a claim. Never give a recorded statement or discuss fault, injuries, or accident details without your attorney present. Insurance adjusters are trained to minimize payouts.
If you answer the insurance company’s questions without legal counsel, you may open yourself up to lower compensation for your claim.
Commercial vehicle accidents: Trucking insurers may contact you within hours. They have larger policies at stake and use aggressive tactics. Don't speak with them.
Do not rely on your memory
Document everything immediately:
- Take photos of all vehicles, injuries, and the scene
- Get witness names and contact information
- Write down what happened while it's fresh
- Note weather and road conditions
For commercial vehicles, also record: Company name, DOT number, and license plates for both cab and trailer.
Do not leave the scene without filing a police report
In Minnesota, you are required to file a police report if the crash results in injury, death, or property damage. You must also file a report if any vehicle needs to be towed.
Even if you do not suspect any injuries, or if all involved vehicles have only minor damage, still call the police to the scene of a crash. You will get an official accident report, which is one of the most critical parts of every car accident claim.
Do not try to handle a claim by yourself
Contact an attorney to discuss any car accident. Do not let the insurance company shortchange you. They have teams of lawyers. You need someone fighting for your rights, too.
This is especially important for commercial vehicle accidents, which involve federal regulations and multiple liable parties.
If you or a loved one has been involved in a crash, whether with a passenger vehicle or a commercial truck, please call our office at 651-493-0426 to schedule a free consultation with one of our experienced personal injury attorneys.
