Avoid Common Mistakes and Maximize Your Car Accident Personal Injury Claim
It is important to take specific steps following any serious car accident to protect the value of your personal injury claim. Insurance adjusters will deny your personal injury claim for compensation unless you preserve evidence of liability and damages.
Statistics show that we will all be involved in a car accident at some point in our lives. The only uncertainty is the severity of the accident we will be involved in. The severity of the accident itself often determines whether a personal injury claim for compensation is justifiable against the negligent driver. Accordingly, preservation of evidence of the severity of the accident is absolutely crucial to maximizing compensation in your personal injury claim.
When insurance isn't paying what you need after a wreck, our St. Joseph, MO car accident lawyers are here to help you seek the fair settlement you're entitled to. Read on or reach out if you're ready to discuss your case.
A Common (and Costly) Mistake After a Car Accident
One of the most common mistakes car accident victims make is attempting to negotiate directly with an insurance claims adjuster after a serious collision. This is exactly what insurance companies want.
Regardless of how severe the accident was, insurance adjusters are trained to reduce the value of your claim and protect their insured—not you.
If you’ve been in a car accident and don’t have immediate access to a personal injury attorney, the following steps can help prevent your claim from being reduced or denied altogether.
Steps to Protect the Value of Your Car Accident Claim
1. Obtain Witness Information and Take Photographs
Collect contact information for all witnesses at the scene and keep it in a safe place. Take photographs of:
Vehicle damage
Skid marks
Road conditions
Any other visible evidence
Do not rely solely on law enforcement to gather evidence. If your injuries prevent you from doing this yourself, ask a trusted family member or friend to come to the scene and assist.
2. Seek Medical Attention Immediately
Seek medical treatment right away—even if you believe your injuries are minor. This is important for two reasons:
Your health and safety
Creating medical documentation that can be used as evidence in your injury claim
Delaying medical care gives insurance companies an opportunity to argue that your injuries were not caused by the accident.
3. Contact a Personal Injury Attorney in Missouri or Kansas
Speak with a reputable personal injury attorney in Missouri or Kansas as soon as possible. Most attorneys (including us) offer free initial consultations and can guide you on how to protect and maximize your claim.
Experienced personal injury lawyers understand insurance company tactics and know how to push back against unfair settlement strategies.
4. Do Not Give a Statement to the Insurance Adjuster
Never speak with the insurance claims adjuster about the accident. Adjusters often call injured individuals shortly after a claim is opened to obtain recorded statements.
Providing a statement can only hurt your case. The adjuster’s job is to minimize or deny compensation—not to help you. If an adjuster contacts you, it is best not to speak with them at all.
5. Do Not Sign a Release of Claim Too Early
Never sign a release of claim unless you are 100% recovered from your injuries.
In Kansas, you have two (2) years from the date of the accident to file a lawsuit
In Missouri, you have five (5) years to file
Do not allow an insurance adjuster to pressure you into settling early for less than your claim is worth.
6. Don’t Sign a Broad Medical Records (HIPAA) Authorization
Do not sign a medical record release allowing the insurance adjuster unrestricted access to your medical history. Some authorizations are written broadly enough to give access to records going back decades.
Only sign a medical records release:
At the direction of a personal injury attorney, or
To obtain your own records
7. Continue Medical Treatment Until You Reach MMI
Continue treating until you reach Maximum Medical Improvement (MMI). Ask your doctors to provide written opinions regarding:
Future medical treatment
Ongoing care needs
Estimated future medical costs
These medical opinions are valuable when demonstrating the necessity and cost of future care to the insurance company.
8. Compensation Available for Missouri and Kansas Car Accident Victims
In Missouri and Kansas, car accident victims may be entitled to compensation for:
Past and future medical bills
Past and future lost wages
Emotional damages (when applicable)
Pain and suffering
Importantly, even if your health insurance covered your medical bills, you may still recover those expenses from the negligent driver’s insurance company.
Get Help Maximizing Your Car Accident Injury Claim
Handling your own Missouri or Kansas car accident claim can be overwhelming—especially when dealing with trained insurance claims adjusters. However, by avoiding these common mistakes and consulting with an experienced car accident attorney at Murphy, Kinney, & Sumy, LLC, you can significantly improve your chances of recovering fair compensation.
