People are often shocked at the force exerted during a car accident. Car accidents are stressful experiences, so it is perfectly normal to feel overwhelmed and concerned immediately after the accident. During the investigation, always choose your words carefully, especially if you were not at fault in the accident. The words you use when speaking to the other driver, police officer, and witnesses could have serious legal ramifications.
In this article, we will discuss some phrases and information you should avoid using after a car accident. Choosing your words carefully will help to safeguard your legal rights.
Do not accept responsibility or apologize for the accident.
It’s human nature to say, “I’m so sorry.”, even when you did nothing wrong. However, never use these words after a car accident.
For example, assume that you’re driving down the road with the right of way and a vehicle pulls out in front of you. If you say, “I’m so sorry. I didn’t see you until you pulled out in front of me.”, these words will be used against you by defense attorneys in court. It’s better to tell the officer, “The vehicle pulled out in front of me while I had the right of way.” There is no need for you to say that you are sorry.
Avoid discussing the accident with the other driver and witnesses.
In a court of law, everything you say can and will be used against you; therefore, only discuss how the accident occurred with the police officer. The police officer will examine the property damage to ensure that it comports with eyewitness accounts. Also, do not discuss how the accident happened with witnesses. Witnesses have notoriously bad memories. They may also interpret what you say differently than you intended.
Do not describe your injuries to anyone unless you are seeking immediate medical attention.
In the vast majority of car accidents, the injured party will not experience the most significant pain until a day or two after the accident. Adrenaline is naturally flowing following a car accident, and these hormones will prevent you from feeling pain or the full extent of your injury. Also, car accidents are similar to working out. You may not be sore immediately leaving the gym, but you will feel the injury in the day or two after the accident. If you tell the police officer that you are not injured, this will be recorded in the police report, and the defense attorneys will make this point to the judge or jury during a trial. If the police officer asks if you are injured, it is better to tell the officer that you will follow-up with a physician following the accident.
Supply your insurance company with a recorded statement after hiring a lawyer.
After an accident, your insurance company will want a recorded statement from you. You have a contractual obligation to provide your insurance company with information during the claims process. However, it is always advisable to hire a lawyer first. Your lawyer will be present when you give a recorded statement to an insurance company. The lawyer’s responsibility is to ensure that the insurance company does not take advantage of your during the statement. When it comes to the at-fault driver’s insurance company, never give a recorded statement unless you are absolutely certain that you have not sustained any personal injury in the accident.
Do not sign any documents without first consulting a lawyer.
After a car accident, you may be required to sign a number of documents and paperwork. These documents could include such items as settlement agreements and medical releases. It is always advisable to consult an attorney before signing any documents to verify that your rights are protected. For example, you could sign a settlement agreement with the other driver’s insurance company that inadvertently destroys your legal rights to receive additional compensation from your insurance company under your under-insured motorist policy. This could costs you tens of thousands of dollars in lost compensation to upwards of $1+ million in damages.
Conclusion
Choose your words carefully following a car accident and avoid making statements that could be used against you in court. By adhering to the advice in this blog post by MRD’s experienced lawyers, you can protect yourself and your legal rights following an auto accident. If you’ve been injured in an automobile accident in Louisiana or Baton Rouge, call us to schedule a free consultation today.