Common Mistakes to Avoid When Filing a Car Accident Claim in North Carolina

Filing a car accident claim in North Carolina involves several steps, and avoiding common mistakes is crucial for a successful outcome. Here’s a guide to help you navigate the process and avoid pitfalls that could jeopardize your claim.

Delaying Medical Attention

One of the most critical mistakes is postponing medical treatment. Even if you don’t feel injured immediately after the accident, it’s important to see a healthcare provider. Delays in seeking medical care can:

Worsen Injuries: Some injuries may not show symptoms right away but can become severe if not treated promptly.
Weaken Your Claim: Insurance companies or courts may argue that your injuries are less severe or unrelated to the accident if you didn’t seek timely medical attention.

Failing to Document the Accident Scene

Proper documentation is essential for building a strong case. Failing to document the accident scene can lead to:

Loss of Evidence: Key evidence, such as damage to vehicles or road conditions, may be lost if not recorded.
Weakening Your Claim: Without detailed photos and notes, it may be difficult to prove fault and the extent of damages.

Settling Too Quickly

Insurance companies may offer a quick settlement to resolve your claim. However, accepting a settlement too soon can be problematic because:

Underestimating Damages: Initial offers may not account for all your medical expenses, lost wages, or future damages.
Limited Recovery: Once you accept a settlement, you typically cannot seek additional compensation if your injuries or damages turn out to be more severe than initially thought.

Admitting Fault

Be cautious about admitting fault or making statements that could be interpreted as an admission of liability. Even statements made in the heat of the moment can be used against you. It’s essential to:

Avoid Speculation: Stick to factual information about the accident and let the investigation determine fault.
Consult an Attorney: Speak with a lawyer before making any statements to insurance companies or other parties involved.

Not Keeping Track of Expenses

Failing to keep a detailed record of your expenses related to the accident can impact your claim. This includes:

Medical Bills: Track all medical treatments, bills, and receipts for related expenses.
Lost Wages: Document any time missed from work and lost income due to the accident.
Other Costs: Keep records of additional costs such as transportation for medical visits or household help due to your injuries.

Ignoring Legal Deadlines

North Carolina has specific deadlines for filing car accident claims. Ignoring these deadlines can result in:

Loss of Right to File: You may forfeit your ability to seek compensation if you miss the statute of limitations, which is typically three years from the date of the accident. However, these deadlines can vary, including for wrongful death cases (two years).

Handling Insurance Companies Without Legal Guidance

Dealing with insurance companies can be complex. Without proper legal guidance, you may:

Be Undermined: Insurance adjusters may use tactics to minimize your payout or deny your claim altogether.
Miss Critical Steps: An attorney can ensure that all required forms are completed correctly and that your rights are protected throughout the process.
Not Have the Leverage You Need: Having an attorney with actual litigation and trial experience can ensure your claim is taken as seriously as it should be.

Conclusion

Handling a car accident claim can be complex, but steering clear of these common errors can significantly bolster your case. At Ward and Smith, we are dedicated to assisting you through every stage of the claims process to ensure you get the compensation you deserve. Reach out to us today for a consultation with an experienced personal injury attorney, and let us help you navigate potential pitfalls and achieve a successful resolution for your claim.