We see the same mistakes over and over, and they can be devastating in Alabama because of our harsh contributory negligence rule. The contributory negligence rule prevents injured people from recovering any compensation if the other side can prove their negligence – no matter how minor – was partly responsible for the accident.
Mistakes to Avoid in Alabama Car Accident Claims
Below are some of the biggest mistakes our Huntsville car wreck lawyers see injured people making before they get help from an attorney:
Giving a Recorded Statement to the Other Driver’s Insurance Company
Giving an unnecessary recorded statement to the other driver’s insurer can seriously hurt a claim. Even one offhand comment can be twisted into an admission of fault — and under our law, even 1 percent of the fault can destroy your entire claim.
Accepting a Quick Settlement Before You Know How Badly You’re Hurt
Once you sign a release, it’s generally over. Even if you end up needing surgery six months later, you usually can’t go back and ask for more.
Learn more in our article: Top 5 Signs Your Car Accident Claim Is Being Undervalued
Delaying or Skipping Medical Treatment
If there’s a gap between the crash and your first doctor visit, the insurance company will argue you weren’t really hurt. “If it was serious, why did you wait?” is their favorite line.
Failing To Preserve Evidence
Not taking photos at the scene, letting the vehicle get scrapped, or waiting too long to request surveillance footage that gets automatically deleted can leave a gap in the evidence needed for a successful case.
Posting on Social Media
Everyday posts can be pulled out of context and used against you in ways you’d never expect.
What Injury Victims Say to Adjusters That Can Hurt Their Case
The statements that do the most damage are the ones that sound completely harmless at the time, such as:
- “I’m sorry.” — An apology can be recast as an admission that you were at fault.
- “I didn’t see them.” — This can be twisted into evidence that you weren’t paying attention.
- “I’m fine.” — Said in the moment when adrenaline is pumping, this gets used weeks later to argue your injuries aren’t real.
- “My neck only hurts a little.” — Minimizing your pain gives the insurer ammunition to offer you next to nothing.
In Alabama, where even a hint of fault can bar your entire claim, these kinds of casual comments can be weaponized. That’s why we always tell people: be polite, but don’t discuss fault or your injuries with the other driver’s insurance company until you’ve spoken with a lawyer.
Can Social Media Posts Really Be Used Against You?
Absolutely. Insurance adjusters and defense attorneys routinely search claimants’ social media accounts. A photo of you smiling at a birthday party, a post about a weekend trip, a friend tagging you at the gym — all of these can be taken completely out of context to argue you’re not really injured.
Don’t delete existing posts (that can actually create legal problems called “spoliation”). But do stop posting about the accident, your activities, or your health while your case is open. Set your accounts to private. And tell friends and family not to tag you in photos or check-ins.
How Do Gaps in Medical Treatment Hurt Your Case?
When there’s a gap between your accident and your next doctor visit, insurance companies jump on it. They argue either that you weren’t really hurt (because if you were, you would have gone to the doctor) or that something else happened during the gap that caused your pain.
The “innocent” behavior that hurts people the most? Toughing it out. Waiting a week or two to see if the pain goes away. Skipping a follow-up appointment because you’re feeling a little better or because life is busy. To an adjuster, that gap becomes evidence that your injuries aren’t serious.
Get evaluated promptly after any accident and follow your treatment plan consistently. Your health comes first — and it also protects your case.
Our Experienced Huntsville Car Accident Attorneys Are Ready to Help You
Getting timely legal help from our law firm is the best way to protect your personal injury claim and avoid mistakes after an accident. Go With Joe! Personal injury attorney Joe King and the rest of the team at Morris, King & Hodge, P.C., are ready to stand up for you now.
Contact us today to get started with a free consultation.
