Recovering full compensation after a car accident isnโt always straightforward. While many victims assume insurance companies will cover all their losses, a few critical missteps can significantly reduce โ or even eliminate โ their settlement.
In California, car accident claims are subject to comparative negligence laws, meaning your compensation can be reduced if you’re found partially at fault.
Fresno follows the stateโs broader personal injury rules, requiring victims to file claims within two years of the accident date. Understanding these laws is essential before navigating the claims process.
If you’re trying to recover compensation after a Fresno car accident, being aware of local legal nuances can make a major difference.
Small errors, such as failing to document the scene properly or missing medical appointments, can be used against you by insurers to undervalue your claim.
Being proactive and informed is the first step to protecting your rights. The rest of this article will explore common mistakes that might jeopardize your ability to secure the full amount you’re entitled to.
Top Mistakes That Can Reduce Your Car Accident Compensation
Delaying Medical Treatment
One of the most common and costly mistakes is waiting too long to seek medical attention. Even if injuries seem minor at first, delays in treatment can raise doubts about the severity of the harm or whether it was caused by the accident at all.
Insurance companies often use gaps in treatment as a reason to reduce or deny compensation. Medical records are vital pieces of evidence in personal injury claims, and any delay can weaken your case.
Failing to Gather Evidence
Accident scenes can be chaotic, but collecting the right evidence early on is critical. Without clear photos, witness statements, or a police report, your claim could lack the proof needed to establish liability and damages.
Key evidence to document includes:
- Photographs of vehicle damage and the accident scene
- Contact information for witnesses
- A copy of the police report
- Medical records and expenses
Lack of documentation makes it easier for insurers to dispute fault or the extent of your injuries.
Admitting Fault Too Early
In the aftermath of an accident, many people instinctively apologize or accept some blame, even when theyโre not at fault. Unfortunately, these statements can be used against you later during settlement negotiations or in court.
Under California’s pure comparative negligence rule (Civil Code ยง 1714), your compensation can be reduced by the percentage of fault assigned to you. Even an offhand comment can be used to justify assigning partial liability.
Not Reporting the Accident Promptly
California law requires drivers to report accidents involving injury, death, or property damage over $1,000 to the DMV within 10 days (California Vehicle Code ยง 16000). Failing to do so can result in penalties and may affect your ability to claim damages.
Additionally, failing to notify your insurance company in a timely manner can give them a reason to deny your claim. Always report the incident promptly and accurately.
Speaking to Insurance Adjusters Without Legal Guidance
Insurance adjusters often seem friendly, but their job is to minimize payouts. Providing a recorded statement or accepting a quick settlement offer without understanding your rights can result in far less compensation than you deserve.
Youโre not legally required to give a recorded statement to the other partyโs insurer. Always be cautious and consider speaking with a legal professional before engaging in detailed discussions with adjusters.
Overlooking Long-Term Damages
Another common error is underestimating the long-term impact of an accident. Some injuries, like whiplash or traumatic brain injuries, may not present immediate symptoms but can lead to chronic pain or disability.
Failing to account for future medical expenses, loss of income, or reduced earning capacity can leave you paying out of pocket for accident-related costs.
A thorough evaluation by medical and financial experts can help establish a more accurate compensation estimate.
Missing the Statute of Limitations
California has a strict two-year statute of limitations for personal injury claims (California Code of Civil Procedure ยง 335.1).
If you donโt file your lawsuit within this timeframe, you lose the right to pursue compensation, regardless of the strength of your case.
In some cases, involving government entities, the deadline is even shorter: just six months to file an administrative claim. Missing this deadline is a critical mistake that can stall recovery.
Ignoring Comparative Fault Strategies
Defendants and insurers often try to shift blame to reduce payouts. If you’re unaware of how comparative fault works in California, you might accept a lower settlement under the false belief that partial fault completely disqualifies you from compensation.
Even if youโre found 30% at fault, you can still recover 70% of your damages. Understanding this principle helps you negotiate more effectively and resist unfair blame-shifting tactics.
Protecting Your Right to Full Compensation
Recovering full compensation after a car accident isnโt just about proving the other driver was at fault โ itโs also about avoiding critical errors that can weaken your claim.
From delaying medical care to miscommunicating with insurance adjusters, small missteps can have serious financial consequences.
Understanding Californiaโs personal injury laws, including comparative negligence and statute of limitations rules, is key to safeguarding your claim.
By staying informed, documenting everything carefully, and steering clear of these common mistakes, you can strengthen your position and improve your chances of securing the compensation you truly deserve.
