Failing to Call the Police
Many drivers, especially after a minor fender-bender, believe involving the police is unnecessary. This is a critical error. A police report is an unbiased, third-party account of the incident created at the scene. It documents the facts, identifies the parties involved, records witness statements, and often includes the officer’s preliminary assessment of fault. Insurance companies heavily rely on these reports when investigating a claim and determining liability. Without an official report, it becomes a “he said, she said” scenario, making it significantly harder to prove your version of events. Washington law (RCW 46.52.030) requires you to report a crash to the police if it results in injury, death, or property damage exceeding $1,000. Given how quickly repair costs can exceed that threshold, calling 911 or the non-emergency line to have an officer respond is almost always the safest legal course of action.
Neglecting to Gather Sufficient Evidence at the Scene
The moments following a collision are chaotic, but the evidence available then is most fresh and compelling. Failing to collect it is a major mistake. Use your smartphone to take comprehensive photographs and videos from multiple angles: the position of all vehicles, all visible damage, license plates, the surrounding area (including traffic signs, signals, road conditions, and skid marks), and any visible injuries. Obtain the names, contact information, and insurance details of all other drivers involved. Crucially, identify and speak to any witnesses; their independent accounts can be invaluable later. Get their names and phone numbers before they leave the scene. This evidence can disappear quickly, and witness memories fade, so thorough documentation is your first and best line of defense.
Admitting Fault or Apologizing
In the stressful aftermath of a crash, it is human nature to say “I’m sorry” or express that you didn’t see the other car. In a legal context, these statements can be devastating. Even a well-intentioned apology can be construed by the other driver, witnesses, the police officer, and insurance adjusters as an admission of guilt. Washington is a comparative fault state, meaning your own recovery can be reduced by your percentage of fault. Do not speculate about what happened or why. Stick to the factual details when speaking to the police and exchange only necessary information (name, insurance) with the other driver. Let the investigation conducted by the police and insurance companies determine fault based on the evidence.
Failing to Seek Immediate Medical Attention
Adrenaline and shock can mask pain and injuries immediately after an accident. You may feel fine and decline medical care at the scene. This is a dangerous miscalculation. Some injuries, like soft tissue damage, whiplash, or concussions, have delayed symptoms that may not appear for hours or even days. Beyond the health risks, failing to get a prompt medical evaluation creates a gap in your documentation. The insurance company will argue that if you were truly injured, you would have sought treatment immediately. They will use this delay to devalue or outright deny your injury claim. A medical professional creates an official record that directly links your injuries to the accident. Always err on the side of caution and get checked by a doctor or at an emergency room immediately.
Providing a Recorded Statement to the Other Insurance Company
You have a contractual duty to cooperate with your own insurance company. However, you have no such obligation to the at-fault driver’s insurer. They will often contact you quickly and request a “brief recorded statement.” Their goal is not to help you; it is to find inconsistencies or statements they can use to minimize their payout. Adjusters are trained to ask leading questions that may trick you into admitting something that can be used against you. You are not required to give this statement. Politely decline by stating, “I do not wish to provide a recorded statement at this time.” Direct them to speak with your insurance company or your attorney if you have retained one. This protects your claim.
Accepting the First Settlement Offer Too Quickly
Insurance companies are businesses focused on their bottom line. A common tactic is to offer a quick, low-ball settlement soon after the accident, often before the full extent of your injuries and damages are known. They may pressure you by stating the offer is only available for a limited time. Once you sign a settlement release, you forever give up your right to seek any additional compensation for that accident, even if you later discover you have a herniated disc that requires surgery. Do not rush. You need a complete understanding of your medical prognosis, the total cost of your treatment (including future care), lost wages, and the full impact on your life before you can possibly know the true value of your claim. Patience is essential.
Posting on Social Media
In today’s connected world, venting about your accident or posting about your activities on Facebook, Instagram, TikTok, or other platforms is a catastrophic legal error. Insurance adjusters and defense attorneys actively scour claimants’ social media profiles for evidence to contradict injury claims. A photo of you smiling at a family barbecue can be misconstrued as proof you are not suffering. A post about going for a hike can be used to argue your back injury isn’t severe. Even a simple “check-in” at a gym can destroy your credibility. The safest approach is to set all social media accounts to the strictest privacy settings and refrain from posting anything about the accident, your injuries, or your physical activities until your case is fully and finally resolved.
Not Understanding Washington’s Insurance Laws
Washington is a comparative negligence state and an at-fault state. This means your financial recovery for damages will be reduced by your percentage of fault. If you are found 20% at fault for an accident, your compensation will be reduced by 20%. It also means you pursue a claim against the at-fault driver’s insurance policy. Furthermore, Washington is one of the few states that does not require drivers to carry Personal Injury Protection (PIP) insurance, also known as no-fault insurance. While companies must offer it, drivers can reject it in writing. This means you may not have immediate medical coverage through your own policy and must rely on the at-fault party’s coverage or your own health insurance. Not understanding these rules can leave you financially exposed.
Handling the Claim Without an Attorney
Perhaps the most significant mistake is attempting to navigate a complex legal and insurance claim alone, especially for any accident involving injuries. Personal injury law is highly complex. An experienced Washington car accident attorney understands the tactics insurance companies use, knows how to properly value a claim based on precedent and law, and handles all negotiations on your behalf. They ensure all paperwork is filed correctly and within strict statutory deadlines. They also have access to resources like accident reconstruction experts and medical professionals to strengthen your case. Most attorneys work on a contingency fee basis, meaning you only pay if they recover money for you. The difference in settlement amounts between represented and unrepresented claimants is almost always substantial enough to justify their fee.
