Mistakes You Can Make That Can Be Used Against You in a Personal Injury Case

Being involved in a car accident can be very distressful, and the victim may not know what to do or say after the tragedy. You may sustain injuries and are likely to be confused about your situation, but it is important you know how to deal with such circumstances when they arise.

Insurance companies have trained claims adjusters who go to great lengths to establish that they are your only friend in your stressful situation and will represent your best interests. However, in reality, they are looking for ways to find pieces of evidence they can use against you to reduce the amount of claim or deny it altogether, leaving you to bear the financial burden of your injuries and property damage.

Here we have shared 5 common things insurance companies use against claimants in court:

1. Accepting Guilt at the Scene

The foremost thing to remember after being in the accident is not to readily accept the blame or give a statement to the law enforcement indicating that you caused the accident. There is a chance that you were not responsible for the accident and may be confused because of the muddled situation. Moreover, do not apologize for the accident as it can give the impression of you being guilty. This can be used against you in court.

2.Using Social Media

People nowadays tend to share their experiences, whether good or bad, on social media with their friends. However, you may not be aware that social media is a public platform where your activities are visible to outsiders, even if you have put up adequate privacy settings. Claimant profiles on Facebook, Instagram, Twitter, and other social media networks are often investigated thoroughly by insurance companies. They are searching for any posts or stories that render you statement or report about your injuries wrong. For example, if you suffered from a whiplash injury, but a photo on your Facebook shows that you are carrying both of your children in your arms, the insurance company will use this as a piece of evidence to prove that your injuries are not bad you have reported.

3. – – Not Keeping Copies of Important Documents

Notes regarding the accident, conversations with police, medical records, doctor’s prescriptions, and similar documents play an important role in proving an accident claim. Even if some of the notes or documents may seem unimportant to you, it is likely that they can be used as evidence to counter insurance company’s arguments to deny or reduce your claim.

4. – – – Missing Regular Doctor’s Appointments

In some cases when people start to feel better, they start missing doctor’s appointments, thinking that they do not need medical attention anymore. However, insurance companies keep a strict check on claimants and their medical appointments, as it can be used to establish that you are not serious about your recovery or may be intentionally making your injuries worse so that you can get more compensation. Avoid missing doctor’s appointments at all costs, even when you are feeling fine. –

5. – – – Lying About Your Condition

It is a bad idea altogether. Lying about your injuries or financial situation is considered as an insurance fraud, and can lead to penalties and fines. It is best to stick to the bare truth, and avoid risking the compensation you are going to receive for your current situation. You can be in hot waters with the insurance company, even if you made an honest mistake as they will attempt to prove that you did it on purpose.

It is a rare occurrence that an insurance company is genuinely looking out for a claimant’s best interests. To avoid any mistakes or falling prey to tricks and traps of insurance companies, work with a personal injury attorney such as the brain injury lawyer Phoenix, AZ who practices all PI areas to get the best possible compensation.


Thanks to authors at Kamper Estrada LLP for their insight into Personal Injury.

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