5 Common Mistakes That Can Devalue Your Personal Injury Settlement
Introduction
After a car accident, you are likely dealing with physical pain, car repairs, and mounting stress. In this vulnerable state, it is easy to make simple errors that can devastatingly impact the value of your insurance claim. Insurance adjusters are trained to identify and exploit these mistakes to justify offering a lower settlement or denying the claim entirely.
To protect your financial future, be aware of these five common pitfalls that injury victims often fall into, and learn how to avoid them.
1. Waiting Too Long to Seek Medical Attention
The “Gap in Treatment” is the number one reason insurance companies devalue injury claims. If you wait a week or two to see a doctor after the crash, the insurance adjuster will argue two things:
- You weren’t really hurt that bad.
- Your injuries were caused by something else that happened after the accident.
The Fix: Go to a doctor, urgent care, or emergency room within 72 hours of the accident, even if you feel okay. This establishes a medical record linking the event to your physical condition.
2. Giving a Recorded Statement Without Preparation
Shortly after the accident, the other driver’s insurance adjuster will call you. They will sound friendly and ask for a “quick recorded statement” just to “clear things up.”
The Trap: They are fishing for you to say things like “I’m fine,” “I didn’t see him coming,” or “I might have been going a little fast.” These snippets will be used against you later.
The Fix: You are generally not legally required to give a recorded statement to the other driver’s insurance company. Politely decline and refer them to your attorney or your own insurance representative.
3. Posting About the Accident on Social Media
In the digital age, insurance investigators routinely check the Facebook, Instagram, and TikTok accounts of claimants. If you claim to have a debilitating back injury but post a photo of yourself at a party or lifting a heavy object a week later, your case is destroyed.
Even innocent posts like “I’m okay, just a little fender bender!” can be used to argue that your injuries are minor.
The Fix: Go silent on social media regarding the accident. Do not post photos, status updates, or check-ins until your case is resolved.
4. Accepting the First Settlement Offer
Adjusters often try to “swoop and settle” by offering a quick check of $500 or $1,000 before you even know the full extent of your injuries.
The Trap: If you accept this check and sign a release, you waive your right to ask for more money later. If you find out next month that you need surgery costing $20,000, you will have to pay for it out of pocket.
The Fix: Never accept an offer until you have reached “Maximum Medical Improvement” (MMI) and know the full cost of your future medical needs.
5. Failing to Follow Doctor’s Orders
If your doctor prescribes physical therapy and you skip appointments, or if they tell you to take time off work and you go back early, the insurance company will define this as “Failure to Mitigate Damages.”
They will argue that your recovery took longer not because of the accident, but because you didn’t follow medical advice, and therefore they shouldn’t have to pay for the extended treatment.
Conclusion
A personal injury claim is a complex negotiation where every action you take is scrutinized. By avoiding these common mistakes seeking immediate care, staying off social media, and being cautious with adjusters—you significantly increase the likelihood of receiving a fair settlement that covers all your needs.
