Tips from The Hadi Law
16 Mistakes That Can Ruin Your Car Accident Lawsuit
There are many ways an unsuspecting auto accident victim’s case can be harmed — even when you’re trying to do the right thing.
Here are 16 mistakes identified by our Personal Injury Trial Law attorneys that unfortunately play a crucial role in hurting good people with legitimate cases. This list may help you prevent innocent mistakes your insurance company and defense lawyer may try to use against you. Feel free to call one of our Personal Injury Trial Law Trial Law attorneys at 832-433-7977. The call and the advice is free.
Lying
This mistake is pretty easy to avoid, and the consequences can be disastrous for those who don’t. For example, recent Texas cases have held that providing false information on an insurance application can be used to VOID PERSONAL INJURY CLAIMS you may have, such as for uninsured motorist coverage.
Do not talk about your case
Insurance adjusters, defense lawyers, and sometimes jurors may try to contact you. Do NOT talk about your case with ANYONE hired by the at-fault driver or insurance company. If an adjuster wants to ask about your case, have them call your attorney.
Signing your rights away
Do NOT sign anything until you check with your attorney. Even simple releases sometimes have fine print waiving future injury claims or allowing an at-fault insurance company to access your medical records and violate your privacy. Check with your lawyer first.
Doctor appointments
Listen to your doctors, and follow through on their advice. There’s never a reason or excuse to miss a doctor’s appointment. Not going to the doctor may be interpreted as a sign that you are not hurt, or don’t take your lawsuit seriously. It’s very important for you to show that you are working hard to get better and keeping appointments is an important part of that.
Disposing of important evidence
Save all pill bottles, casts, braces, prescriptions and any other items from your doctors. Also, save all documents, receipts, letters and other paperwork related to the accident. This is evidence of your personal injuries and potential claim, and it must be preserved.
Insurance medical examinations (IMEs)
You may be sent to an insurance medical examination (IME) at some point. Sadly, these doctors are not “independent” and this is really an insurance company physician who makes a lot of money finding “nothing wrong” with auto accident victims. You must call your attorney immediately when your insurance adjuster tells you to attend a medical exam.
Renewing licenses
Defense attorneys and their investigators can easily obtain access to commercial driver license (CDL) information from the Secretary of State, as well as hunting and fishing license information from the Department of Natural Resources. If you have serious injuries that prevent you from driving a commercial vehicle and/or participating in outdoor activities, we suggest that you do not renew those licenses until you speak with your attorney first.
Job changes and moving
Anything after your auto accident regarding changes in your job, job duties and salary is very important to discuss with your attorney. Inform your attorney if you are moving, if you have been put on further restrictions at work or have to miss more work due to your personal injuries.
Poor communication
The best advice remains the simplest: call your attorney at (832) 433-7977 if you have a question, and certainly before doing something that can have an important impact on your case.
Surveillance
Expect that your insurance company and the at-fault driver’s insurance company will conduct surveillance and hire investigators to take photos and videos of you at some time during your case. If you have tried to do a task, admit you’ve tried it. Most people will understand if you had a good day, and attempted to do something. But no one understands when an auto accident victim denies something that is later caught on surveillance video.
Facebook, Twitter & more
Insurance adjusters and defense attorneys will investigate your Facebook, Twitter and related social media accounts, blogs or web pages — even when set as ‘private’ — and look for things that can help them avoid taking full responsibility for the harms they’ve caused. The purpose of this internet research is to attempt to show that you are not as injured as you claim. Please be very careful about postings and photos of your activities. Avoid posting new items.
Applying too late
There is a four-year time limit to apply for benefits for a first-party No-Fault case in Texas. Texas’ No-Fault law covers important auto insurance benefits such as loss wages, medical bills and mileage, replacement services (chores, help around the house) and attendant care (nursing services). These benefits are generally paid by the car accident victim’s auto insurance carrier. If you do not apply within four years, you will not be able to receive your No-Fault insurance benefits.
Pictures
Anytime you have a surgery or a visible injury, take pictures. Or contact your attorney and they will send a photographer to document your injuries. Videos are also great tools to show a jury or an insurance company adjuster just how difficult things have been in time following your Personal Injury Trial Law Trial Law or after a surgery. In addition, take pictures of car damage. Crash repair estimates are often misleading and don’t reflect the full amount of vehicle damage.
Voice mail
Insurance adjusters, investigators and others may call you for information about your car accident or truck accident. If you have a message or music on your voicemail or answering machine that could offend a jury one day, we suggest you change to a more basic greeting, to give the best first impression.
New doctors, new medical tests
Anytime your doctor refers you to a new doctor, or sends you to take a test, please advise your car accident lawyer immediately.
But I heard…
When we’re working on a case, clients often tell us they heard about a friend’s financial recovery. Please be aware that every case is different, every injury is different and every client is different. It’s important to understand our attorneys are as interested as you are in getting you the best possible settlement. It’s our job and we do it very well.
Lying
This mistake is pretty easy to avoid, and the consequences can be disastrous for those who don’t. For example, recent Texas cases have held that providing false information on an insurance application can be used to VOID PERSONAL INJURY CLAIMS you may have, such as for uninsured motorist coverage.
Surveillance
Expect that your insurance company and the at-fault driver’s insurance company will conduct surveillance and hire investigators to take photos and videos of you at some time during your case. If you have tried to do a task, admit you’ve tried it. Most people will understand if you had a good day, and attempted to do something. But no one understands when an auto accident victim denies something that is later caught on surveillance video.
Do not talk about your case
Insurance adjusters, defense lawyers, and sometimes jurors may try to contact you. Do NOT talk about your case with ANYONE hired by the at-fault driver or insurance company. If an adjuster wants to ask about your case, have them call your attorney.
Facebook, Twitter & more
Insurance adjusters and defense attorneys will investigate your Facebook, Twitter and related social media accounts, blogs or web pages — even when set as ‘private’ — and look for things that can help them avoid taking full responsibility for the harms they’ve caused. The purpose of this internet research is to attempt to show that you are not as injured as you claim. Please be very careful about postings and photos of your activities. Avoid posting new items.
Signing your rights away
Do NOT sign anything until you check with your attorney. Even simple releases sometimes have fine print waiving future injury claims or allowing an at-fault insurance company to access your medical records and violate your privacy. Check with your lawyer first.
Applying too late
There is a four-year time limit to apply for benefits for a first-party No-Fault case in Texas. Texas’ No-Fault law covers important auto insurance benefits such as loss wages, medical bills and mileage, replacement services (chores, help around the house) and attendant care (nursing services). These benefits are generally paid by the car accident victim’s auto insurance carrier. If you do not apply within four years, you will not be able to receive your No-Fault insurance benefits.
Doctor appointments
Listen to your doctors, and follow through on their advice. There’s never a reason or excuse to miss a doctor’s appointment. Not going to the doctor may be interpreted as a sign that you are not hurt, or don’t take your lawsuit seriously. It’s very important for you to show that you are working hard to get better and keeping appointments is an important part of that.
Disposing of important evidence
Save all pill bottles, casts, braces, prescriptions and any other items from your doctors. Also, save all documents, receipts, letters and other paperwork related to the accident. This is evidence of your personal injuries and potential claim, and it must be preserved.
Pictures
Anytime you have a surgery or a visible injury, take pictures. Or contact your attorney and they will send a photographer to document your injuries. Videos are also great tools to show a jury or an insurance company adjuster just how difficult things have been in time following your Personal Injury Trial Law Trial Law or after a surgery. In addition, take pictures of car damage. Crash repair estimates are often misleading and don’t reflect the full amount of vehicle damage.
Insurance medical examinations (IMEs)
You may be sent to an insurance medical examination (IME) at some point. Sadly, these doctors are not “independent” and this is really an insurance company physician who makes a lot of money finding “nothing wrong” with auto accident victims. You must call your attorney immediately when your insurance adjuster tells you to attend a medical exam.
Voice mail
Insurance adjusters, investigators and others may call you for information about your car accident or truck accident. If you have a message or music on your voicemail or answering machine that could offend a jury one day, we suggest you change to a more basic greeting, to give the best first impression.
Renewing licenses
Defense attorneys and their investigators can easily obtain access to commercial driver license (CDL) information from the Secretary of State, as well as hunting and fishing license information from the Department of Natural Resources. If you have serious injuries that prevent you from driving a commercial vehicle and/or participating in outdoor activities, we suggest that you do not renew those licenses until you speak with your attorney first.
New doctors, new medical tests
Anytime your doctor refers you to a new doctor, or sends you to take a test, please advise your car accident lawyer immediately.
Job changes and moving
Anything after your auto accident regarding changes in your job, job duties and salary is very important to discuss with your attorney. Inform your attorney if you are moving, if you have been put on further restrictions at work or have to miss more work due to your personal injuries.
But I heard…
When we’re working on a case, clients often tell us they heard about a friend’s financial recovery. Please be aware that every case is different, every injury is different and every client is different. It’s important to understand our attorneys are as interested as you are in getting you the best possible settlement. It’s our job and we do it very well.
Poor communication
The best advice remains the simplest: call your attorney at (832) 433-7977 if you have a question, and certainly before doing something that can have an important impact on your case.
Our attorneys are here for you. Our attorneys have experience in serious car accidents, truck accidents and motorcycle accidents. We understand the physical, emotional and psychological hardship you’re experiencing from your injuries. We care and our relationship with you is very important now, and in the future.
Call (832) 433-7977 for a free case evaluation. There is absolutely no fee or obligation.
