A car accident can leave you dealing with injuries, medical bills, missed work, vehicle damage, and insurance companies—all at the same time. Unfortunately, what you do in the hours, days, and weeks after a crash can have a major impact on your ability to recover compensation.

 

This is especially important in Virginia because the state follows a strict contributory negligence rule. If you are found even partially responsible for causing the accident, you may be prevented from recovering compensation from the other driver.

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If you have been injured in a Virginia car accident, avoiding these common mistakes can help protect your claim.

 

1. Admitting Fault at the Accident Scene

After an accident, it is natural to apologize or say something like, “I’m sorry” or “I didn’t see you.” Even if you are simply trying to be polite, those statements could later be used to argue that you admitted responsibility for the crash.

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Because Virginia follows contributory negligence rules, allegations that you contributed to the accident can be particularly important.

Instead of discussing fault, focus on making sure everyone is safe, contacting the police, exchanging required information, and documenting what happened.

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2. Failing to Call the Police

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Another mistake is assuming that a relatively minor accident does not require police involvement.

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A responding officer can investigate the scene, speak with the drivers and witnesses, document important information, and prepare a crash report. That information may become valuable evidence if the other driver later disputes how the accident happened.

Without documentation, you could end up in a situation where your version of the accident is competing directly against the other driver's story.

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3. Not Taking Pictures or Videos

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The accident scene can change quickly. Vehicles are moved, debris is removed, and skid marks or other evidence can disappear.

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If you can safely do so, take photographs and videos of the scene. Document the vehicles, damage, license plates, road conditions, traffic signs and signals, skid marks, debris, visible injuries, and the surrounding area.

 

The more evidence you preserve, the easier it may be to establish what happened.

 

4. Waiting Too Long to Get Medical Treatment

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You may feel relatively normal immediately after a crash because of adrenaline and shock. Some injuries also become more noticeable hours or days later.

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Waiting too long to seek medical attention can create two problems. First, you could delay diagnosis and treatment of an injury. Second, an insurance company may argue that the delay means your injuries were not serious or were caused by something other than the accident.

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If you are experiencing pain, dizziness, stiffness, numbness, headaches, or other symptoms following an accident, consider getting evaluated by a medical professional.

 

5. Ignoring Your Doctor's Treatment Recommendations

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Getting medical treatment is only part of the process. You should also take your treatment plan seriously.

 

Frequently missing appointments, stopping treatment without medical guidance, or failing to follow restrictions can give an insurance company an opportunity to question the severity of your injuries.

 

Keep your appointments and follow your healthcare provider's instructions. If you cannot continue a particular treatment because of cost, scheduling, side effects, or another problem, discuss the issue with your provider rather than simply stopping treatment.

 

6. Giving the Insurance Company a Recorded Statement Too Quickly

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An insurance adjuster may contact you shortly after the accident and ask for a recorded statement.

 

Be careful.

 

The adjuster may ask questions about how the accident happened, your injuries, your medical history, or what you were doing immediately before the collision. Statements made early in the process could later be compared against medical records, witness statements, or other evidence.

 

You may also not yet understand the full extent of your injuries.

 

Before providing a recorded statement to the other driver's insurance company, consider speaking with a Virginia car accident attorney about your rights and obligations.

 

7. Posting About the Accident on Social Media

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Social media can create unexpected problems for a personal injury claim.

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Insurance companies and defense attorneys may look for publicly available posts, photographs, videos, comments, or other information that could be used to challenge your version of events or the severity of your injuries.

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Even an innocent photograph of you attending a family event could potentially be taken out of context.

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A good rule during a pending car accident claim is to avoid posting about the accident, your injuries, your recovery, or activities that could be misinterpreted.

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8. Accepting a Quick Settlement Without Knowing the Full Extent of Your Injuries

 

Receiving a settlement offer soon after an accident may sound appealing, particularly when medical bills and other expenses are accumulating.

 

However, accepting an early settlement can be risky if you do not yet know the extent of your injuries.

 

Some injuries require additional treatment, physical therapy, injections, surgery, or long-term medical care. Serious injuries may also affect your ability to work in the future.

 

Once you sign a settlement and release, you generally cannot return later and demand additional compensation simply because your injuries turned out to be worse than expected.

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Make sure you understand what your claim may actually be worth before accepting a settlement.

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9. Failing to Keep Records of Your Losses

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A successful car accident claim involves more than simply proving that another driver caused the collision. You also need evidence showing how the accident affected you financially and physically.

 

Keep copies of important documents, including medical bills, medical records, prescription expenses, repair estimates, towing bills, rental car expenses, receipts, and documents showing lost income.

 

You may also want to keep notes describing your symptoms, medical appointments, physical limitations, and how your injuries affect your everyday activities.

 

Good documentation can make it easier to demonstrate the full impact of the accident.

 

10. Waiting Too Long to Speak With an Attorney

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One of the biggest mistakes after a serious Virginia car accident is waiting until problems have already developed before seeking legal advice.

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Evidence can disappear. Witnesses can become difficult to locate. Insurance companies may request statements or documents. Deadlines can also affect your ability to pursue a claim.

 

Virginia generally imposes time limits on personal injury lawsuits, but the applicable deadline can depend on the circumstances of the case. Waiting until the deadline is approaching can make investigating and preparing a case significantly more difficult.

 

Speaking with an attorney early does not necessarily mean you have to file a lawsuit. It can simply help you understand your rights, the insurance process, and the steps you should take to protect your claim.

 

Protect Your Virginia Car Accident Claim

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The decisions you make after a car accident can affect your ability to recover compensation for medical expenses, lost income, pain and suffering, and other losses.

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Virginia's contributory negligence rules make it especially important to be careful about what you say and do after an accident. Avoid admitting fault, preserve evidence, seek appropriate medical treatment, document your losses, and be cautious when dealing with insurance companies.

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If you were injured in a car accident in Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, or elsewhere in Virginia, consider speaking with an experienced Virginia personal injury attorney before accepting a settlement or making important decisions about your claim.

 

Injured in a Virginia Car Accident? Get Help Before Dealing With the Insurance Company Alone.

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Insurance companies have experienced adjusters working to protect their interests. You should understand your rights before agreeing to a settlement that could permanently resolve your claim.

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Contact our office today for a consultation about your Virginia car accident case. We can review what happened, discuss your options, and help you determine the next steps for protecting your claim.

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Frequently Asked Questions​

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What is the biggest mistake to avoid after a car accident in Virginia?

• Admitting fault can be particularly damaging because Virginia follows a contributory negligence rule. Statements suggesting that you contributed to the accident could become important evidence in a dispute over liability.

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Should I talk to the other driver's insurance company?

• You should be cautious when speaking with another driver's insurance company, particularly if you are being asked to provide a recorded statement or discuss your injuries in detail. Consider getting legal advice before making statements that could affect your claim.

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What if I did not feel injured immediately after the accident?

• Some accident-related symptoms may not become obvious immediately. Pay attention to how you feel after the crash and seek appropriate medical care if symptoms develop.

 

Should I accept the insurance company's first settlement offer?

• Not necessarily. Before accepting a settlement, you should understand the extent of your injuries, anticipated medical treatment, lost income, and other damages. Accepting a settlement and signing a release can prevent you from seeking additional compensation later.

 

How long do I have to file a car accident injury lawsuit in Virginia?

• Virginia law imposes deadlines for filing personal injury lawsuits. The specific deadline can depend on the facts of the case, so you should not assume that a particular deadline applies without evaluating your individual circumstances.

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What evidence should I save after a Virginia car accident?

• Keep photographs and videos, medical records and bills, repair estimates, receipts, wage-loss documentation, insurance correspondence, witness information, and other records related to the accident and your injuries.