In 2025, car accident claims are getting more complicated. Insurance companies are using more digital tools to review claims, and that means your actions are under the microscope from the start. According to a recent survey, about 1 in 7 drivers in the U.S. are uninsured, which can make getting proper compensation even more difficult — especially if you’re not aware of your legal rights from the beginning.
So here are the 9 most common legal mistakes people make after a car accident — and how to avoid them.
1. Leaving the Scene Prematurely
One of the biggest legal mistakes people make after a car accident is leaving the scene too soon. Even if it seems like a small fender bender, driving off without properly handling the situation can land you in serious trouble — sometimes even criminal charges.
In most states, the law says you must stop after any accident that causes damage, injury, or death. That means getting out, checking on the other person, exchanging information, and calling the police if needed. If you skip any of that and just leave, it can be seen as a hit-and-run — even if the accident wasn’t your fault.
And here, professional boxer Gervonta Davis is a good example. In November 2020, Davis ran a red light in Baltimore, Maryland, and collided with another vehicle, injuring four people. Instead of staying at the scene, he fled in a separate car.
He later pleaded guilty to several charges, including leaving the scene of an accident involving bodily injury and driving on a revoked license. This incident underscores the legal repercussions of not remaining at an accident scene.
2. Failing to Call the Police
A lot of people skip calling the police after a car accident — especially if it looks like there’s no serious damage. But that can be a big mistake. Even if both drivers seem okay and agree to just “handle it ourselves,” not having a police report can cause real problems later.
“A police report is one of the strongest pieces of evidence you can have after an accident,” says Stephen Babcock, Founder & CEO of Babcock Injury Lawyers. “Without it, it often turns into a battle of one story against another — and insurance companies love to take advantage of that doubt.”
Because when you file an insurance claim, the company usually wants some kind of official report. Without one, it’s your word against the other driver’s. And sadly, not everyone sticks to what they said at the scene. People change their stories. They might later blame you or deny the accident happened at all.
Let’s say you get rear-ended, and the other driver apologizes and promises to pay. You exchange numbers but don’t call the police. A few days later, they stop answering your calls — and then file a claim saying you backed into them. Without a report, it becomes hard to prove the truth.
Calling the police also helps document things like injuries, witness names, and road conditions. In some states, it’s legally required to report the crash, especially if there’s injury or damage above a certain amount.
So even if the accident seems minor, it’s always safer to make the call. It protects you, helps with your insurance, and gives you a solid record of what really happened.
3. Admitting Fault at the Scene
After a car accident, it’s natural to feel shaken or confused. At that moment, many people say things like “I’m so sorry” or “It was my fault” without even thinking. But saying anything that sounds like you’re taking the blame — even if you didn’t mean it that way — can seriously hurt you later.
Fault isn’t always clear right away. There might be traffic cameras, witnesses, or other details that show a different story. But if you’ve already said, “It was my fault,” that can be used against you during the insurance claim — or worse, in court. Even a simple “sorry” can sometimes be twisted as an admission of guilt.
You’re not being rude by keeping things simple. Instead of apologizing, just check if everyone is okay, exchange information, and wait for the police. Let them write the report. That way, you’re not making any statements that could backfire.
In an interview, Kim Lewellen, Attorney of Lewellen Family Law Group, said, “Insurance companies look for any reason to pay less. If they see that you admitted fault at the scene, they might reduce or deny your claim, even if the other driver shared some of the blame.”
So, stay calm, be polite, but don’t guess or admit anything. Let the facts speak for themselves. That one moment of silence could protect your case later.
4. Not Getting Medical Help Right Away
After a car accident, a lot of people feel okay at first and decide not to see a doctor. Sometimes it’s adrenaline. Sometimes it’s just wanting to go home and rest. But even if you feel fine, not getting checked out can be a big mistake — for your health and your legal case.
Steve Caya, Wisconsin Personal Injury Lawyer at Nowlan Personal Injury Law, shares, “Some injuries take hours or even days to show up. Headaches, back pain, or internal injuries might not be obvious right away. But if you wait too long to see a doctor, your condition could get worse, and the insurance company might question whether your injury is even from the accident.”
The case of Lamara Bell is a prime example. In 2015, Lamara and her partner crashed off the M9 near Stirling. A local farmer reported the crash to police, but due to a system failure, no one followed up. Lamara lay injured but alive in the car for three full days next to her deceased partner.
By the time help arrived, it was too late. An inquiry in 2024 found that she likely would have survived with early medical care.
This reminds us why fast medical care matters — even if you think you’re okay. A quick visit to the doctor can catch something early, help you recover properly, and protect your case if you need to file a claim later. It’s always better to be safe.
5. Not Collecting Enough Evidence
When a car hits you, it’s easy to get confused —especially if you’re in shock, frustrated, or just trying to get home. But one mistake many people make is not gathering enough evidence at the scene. This includes things like photos, witness info, or even jotting down what happened while it’s still fresh.
That stuff might not look important at the moment, but it becomes very important later — especially if there’s a disagreement about what really happened. If it ends up being your word against the other driver’s, solid proof can make or break your case.
So take photos of everything — the damage, license plates, skid marks, street signs, and even the weather conditions. If anyone saw what happened, ask for their name and contact info. Also, make a few notes on your phone right after the crash — like what direction each car was going and what the traffic light was showing.
Without these things, the insurance company might delay your claim or offer a lower payout. They’ll say there’s not enough information to prove who was at fault.
Alex Begum, San Antonio Injury Lawyer at Texas Law Guns, Injury & Accident Lawyers, advises, “Even if the crash seems small, don’t assume it’ll be simple to handle later. Good evidence gives you protection. And it’s something you only get one chance to collect — right there on the spot.”
So slow down, take a deep breath, and make sure you cover the basics before leaving the scene. It could save you a lot of stress later.
6. Giving Too Much Info to the Insurance Company
After a crash, the other driver’s insurance company might call you. They’ll often sound polite, maybe even friendly, and ask you to give a “quick statement.” But this is where many people slip up — they share too much.
You might think you’re just explaining what happened, but insurance companies know how to use your words against you. Even saying something small like “I didn’t see the other car” or “I’m not that hurt” can be twisted and used to lower your claim — or deny it completely.
You don’t have to lie. But you also don’t have to give a detailed play-by-play, especially without legal advice. The best thing to do is keep it basic — confirm your name, the date of the accident, and that you’ll be getting medical care. Then tell them you’ll follow up in writing or through your lawyer if you have one.
“Insurance companies are businesses. Their goal is to save money. That’s why they often ask for recorded statements early on. Once you say something, it’s hard to take it back later,” adds Timothy Allen, Sr. Corporate Investigator at Oberheiden P.C..
7. Taking the First Settlement Offer
Getting a call with a settlement offer can feel like a relief. Bills are piling up, you might be missing work, and the insurance company is offering quick money. Many people say yes right away. But that’s often a mistake.
The first offer is usually the lowest. Insurance companies know you’re stressed and might just want it over with. But once you accept that offer and sign the paperwork, you can’t go back — even if you find out your injuries are worse than you thought.
Let’s say you hurt your neck and it feels like a small issue at first. You take the offer, thinking it’ll cover your pain meds and a doctor visit. But a few weeks later, you’re still in pain and now need physical therapy. Since you already settled, the insurance company won’t pay anything more. You’re stuck covering the rest.
According to Jake Smith, Founder of Absolute Reg, “Always take your time. You don’t need to rush into a deal. Get checked by a doctor, wait for all test results, and understand what your recovery will cost. If the offer doesn’t seem fair, ask questions — or talk to someone who can help, like a lawyer or a claims expert.”
8. Missing Legal Deadlines
One mistake that catches a lot of people off guard is missing important deadlines after a car accident. Most people don’t even realize there are deadlines until it’s too late.
Every state has something called a statute of limitations. That’s just a way of saying there’s a time limit to file a lawsuit if you want to take legal action. In many places, it’s around two years — but it can be shorter or longer depending on where you live and what kind of claim you’re filing.
If you wait too long, even by a single day, the court can throw out your case completely. That means no compensation for your injuries, lost wages, car repairs, or anything else. The insurance company might stop taking your claim seriously too, knowing you can’t sue.
Sometimes people delay because they think they’re “handling it,” or they feel okay at first and don’t realize how serious their injury is. Others just don’t want to deal with the paperwork and stress. But those delays can cost you a lot.
The safest move is to act early. Even if you’re not sure whether you’ll take legal action, it helps to talk to someone who knows how this works. They can tell you what deadlines apply to your case and help you stay on track.
9. Posting About the Accident on Social Media
Sharing things online is second nature now, but after a car accident, posting on social media can seriously hurt your case. Even something as simple as “I’m okay” or a photo of your car can be used by insurance companies or lawyers to argue that you weren’t really hurt or that the accident wasn’t serious.
They’ll look for anything to lower or deny your claim. Gerald M, Growth Marketing Expert at Cricketscore.io, mentions, “It’s best to stay quiet online until everything is settled. Tell close friends and family in private if needed, but keep accident details off the internet — it’s just not worth the risk.”
Wrap Up
Getting in a car accident is already hard, but small mistakes after it can make things even worse. Things like not calling the police, not seeing a doctor, or saying too much to insurance can hurt your case. Many people don’t know these things, and that’s why they end up with problems later.
The best thing you can do is take it slow, stay calm, and be careful with what you say and do. If you’re not sure, ask someone who knows. A few smart steps can save you a lot of trouble down the road.
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