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The Dos & Don’ts of Building a Car Accident Claim

car with broken windshield

The Dos & Don’ts of Building a Car Accident Claim

While car wrecks are incredibly common, no one is truly prepared for them when they happen.  In the aftermath of a crash, you may have to deal with car repairs, medical bills, missed work, and countless forms from insurance companies.  If you are injured and think you may want to make a personal injury claim, then an attorney may be able to help guide you in the weeks and months after your accident.  The sooner you retain an attorney the better.  Here are some things you can do (and some you should not do) to help build a solid and compelling case.

car with broken windshield

1. Do Gather Evidence at the Accident Scene

If you are physically able to do so, you should do your best to document anything you can from the accident scene. This could mean photographs of damaged vehicles, debris in the streets, skid marks, witness statements, license plate numbers, surveillance video, and anything else you believe may become relevant in your car accident case.   Preserve this information and provide it to your lawyers.  It may become invaluable if disputes later arise as to who was at fault for the car accident.

2. Don’t Post about the Accident on Social Media

While your claim is pending, anything you post online could be used as evidence to dispute your claims, credibility, or injuries. This is not limited to your comments, but also includes any pictures, videos, reviews, and “check ins” you might post. The insurer will likely look through your social media activity if they can while investigating your case.

Thankfully, you can control who can and cannot see your posts by updating your privacy settings. However, it may be in your best interests to deactivate your accounts so that there is little to no chance of your posts affecting the outcome of your claim.

3. Do Start Writing in a Personal Injury Journal FOR YOUR LAWYER

A post-accident journal is a space for you to document your pain levels, limitations, and other aspects of your road to recovery. Used correctly, this diary could help you prove many types of losses including pain and suffering, emotional distress, and mental anguish.  In the absence of such documentation, you may have difficulty recalling events and timelines when questioned later during a deposition or a trial.

4. Don’t Provide a Recorded Statement

If the claims adjuster for the other driver contacts you and requests a statement on record, you should probably refrain from doing so.  This is something to discuss with a lawyer.  After all, until you have had a chance to thoroughly investigate the wreck, assess the damages you have incurred, and estimate fair compensation for your losses, there is always a chance you might say something that could compromise your claim. Ultimately, insurance companies use these “interviews” as opportunities to obtain specific answers that could give them ammunition to dispute your claim.

Discuss Your Case with a Miami Car Accident Attorney

If you were injured in a car accident, taking the right steps in the immediate aftermath could be crucial to the success of your claim. At Viñas & DeLuca, PLLC, we can help you navigate proceedings, advising you of the actions you will need to take to avoid disputes, delays, and other issues.

With over 35 years of combined legal experience, our attorneys know what it takes to succeed in even the most complex cases. Contact us today at (305) 372-3650 or drop us a message using our contact form HERE to request a free case review with a Miami car accident attorney.