Failing to Call the Police
One of the most significant and common errors is neglecting to call 911 or the local police. Many individuals, especially after a minor fender-bender, believe an official report is unnecessary if they can exchange information amicably. Washington State law (RCW 46.52.030) requires you to immediately report an accident to the police if it results in injury, death, or apparent property damage exceeding $1,000. Given that even minor damage can easily surpass this threshold, calling the police is almost always advisable. The responding officer will create an objective, third-party report that documents the scene, statements from those involved, witness contacts, and often a preliminary determination of fault. This report becomes a critical piece of evidence for insurance companies and any subsequent legal action. Without it, your claim can devolve into a “he said, she said” scenario, heavily disadvantaging you.
Neglecting Medical Attention
Adrenaline and shock can mask severe injuries immediately following a collision. You may feel fine or attribute pain to mere soreness, leading you to refuse medical assistance at the scene or decline a visit to the emergency room or an urgent care facility. This is a dangerous mistake. Some injuries, like whiplash, concussions (TBI), or internal bleeding, have delayed symptoms. Furthermore, from a legal perspective, a gap in medical treatment between the accident and when you finally see a doctor can be exploited by the insurance adjuster. They will argue your injuries are not serious or were not caused by the crash, significantly devaluing your personal injury claim. You must seek a professional medical evaluation as soon as possible after the accident and follow all prescribed treatment plans meticulously.
Providing a Recorded Statement to the Other Driver’s Insurance Company
Soon after the accident, you will likely be contacted by an adjuster from the at-fault driver’s insurance company. They may seem friendly and helpful, but their primary goal is to minimize the payout for your claim. A common tactic is to request a recorded statement. You are under no legal obligation to provide one. Politely decline. Anything you say can be taken out of context or used to assign partial fault to you, thereby reducing their liability. For example, an innocent comment like, “I’m so sorry, I didn’t see you!” can be twisted into an admission of guilt. Instead, direct them to your own insurance company or your attorney if you have one.
Admitting Fault or Apologizing
Washington is a comparative negligence state. Even if you believe you might share some responsibility for the accident, never admit fault or say “I’m sorry” to the other driver, witnesses, or the police. Your statement becomes part of the official record. Determining fault is a complex process that involves investigating traffic laws, vehicle positions, road conditions, and witness accounts. Let the evidence speak for itself. An admission of partial fault can drastically reduce the compensation you are entitled to recover, as your recovery will be diminished by your percentage of fault.
Failing to Gather Sufficient Evidence at the Scene
If you are physically able, it is imperative to document the scene thoroughly. The more evidence you collect, the stronger your position will be. Use your smartphone to take comprehensive photographs and videos from multiple angles, capturing vehicle damage, license plates, the positions of the cars, skid marks, traffic signs and signals, road conditions, weather, and any visible injuries. Obtain the names, phone numbers, and addresses of all involved drivers, passengers, and independent witnesses. Witness testimony can be invaluable. Do not rely on the police report to contain all this information.
Not Notifying Your Own Insurance Company Promptly
Most insurance policies have a clause requiring you to report any accident promptly, regardless of who is at fault. Failing to do so could technically be grounds for them denying coverage for the claim. When you notify your insurer, stick to the basic facts: the date, time, location, and vehicles involved. You are required to cooperate with your own insurer, but it is still prudent to be factual and avoid speculative statements about fault or the extent of your injuries until you have a full medical diagnosis.
Overlooking the Value of a Personal Injury Claim
Many accident victims settle their injury claims directly with an insurance adjuster for a quick, low-ball offer without understanding the full extent of their damages. They often focus only on immediate medical bills and vehicle repair costs. Under Washington law, you are entitled to recover both economic and non-economic damages. This includes past and future medical expenses, lost wages and loss of future earning capacity, property damage, and for the physical and emotional toll, such as pain and suffering, emotional distress, and loss of enjoyment of life. Accurately valuing these damages, especially future costs, requires careful calculation and often expert testimony. Accepting an early offer almost always results in receiving far less than your claim is truly worth.
Posting on Social Media
Insurance adjusters and defense attorneys routinely investigate claimants’ social media profiles (Facebook, Instagram, Twitter, TikTok) for evidence to contradict your injury claims. Even a seemingly innocent photo of you smiling at a family dinner or engaging in light activity can be misconstrued as evidence that you are not actually injured or in pain. The best practice is to deactivate your social media accounts entirely for the duration of your claim or, at a minimum, set all profiles to the strictest private settings and refrain from posting anything about the accident, your injuries, or your activities.
Missing the Statute of Limitations
Washington State has strict deadlines, known as statutes of limitations, for filing lawsuits after a car accident. For personal injury claims, you generally have three years from the date of the accident to file a lawsuit (RCW 4.16.080). For property damage only claims, the limit is also three years. If you miss this deadline, the court will almost certainly dismiss your case, and you will be forever barred from seeking compensation through the legal system. While most claims settle with insurance companies well before this deadline, it is a critical backstop that dictates the entire timeline of your claim’s negotiation and potential litigation.
Handling the Claim Without an Attorney
Perhaps the most overarching mistake is attempting to navigate the complex legal and insurance process alone, especially when significant injuries are involved. An experienced Washington personal injury attorney understands state laws, case precedent, and the tactics used by insurance companies. They can handle all communications, ensure evidence is properly preserved, negotiate aggressively for maximum compensation, and, if necessary, file a lawsuit before the statute of limitations expires. Most attorneys work on a contingency fee basis, meaning they only get paid if they recover money for you. The financial risk of consulting an attorney is often zero, while the potential benefit of having expert representation can be substantial, often resulting in a settlement multiple times larger than what an individual could obtain on their own.
