August 2, 2024 • By Dennis Beaver
What should you say? What should you do? And, even more importantly, what should you not say or do if involved in a motor vehicle accident?
“Chiropractors, MDs, physical therapists, attorneys, professionals who treat or are involved in the care or legal representation of accident victims have seen the consequences of patients who hurt their own cases by having no idea how to answer that question,” says San Marcos chiropractor and author, Gary N. Lewkovich.
Several years ago he developed a list of mistakes patients make, “That occur from a lack of awareness or a degree of misguided thinking. Whatever the cause, the effect on their personal injury or workers compensation case can be absolutely devastating, and in some instances, it results in a zero settlement.”
We discussed several:
1. Obtaining insufficient information at the scene of the accident
Be sure to get names and phone numbers of witnesses. Take photos of the damage from several angles and of the other driver(s) license and proof of insurance.
Having a well-designed form to capture the critical information is extremely helpful.
Many auto insurance carriers have these forms available that are simple to fill out and should be kept in your vehicle at all times.
2. Admitting liability for the accident
Never say, “I’m sorry! It was my fault,” as this admission can be used against you and severely complicate the case. What if it was not your fault, but you thought so? Often we are not aware of what actually happened, so be polite, but never admit fault.
3. Giving the auto insurance company too much information
All auto insurance companies have their own best interests at heart. Yours are secondary.
Recorded statements can be twisted and edited, especially today with AI, in such a way as to hurt your case.
Therefore, request that all questions be provided in writing. If the adjuster says they only record interviews, then reply, “I am turning on my recorder as well,” as you have that right. Keep your answers short, focused, and don’t downplay any symptoms. Refer questions about your medical condition to your treating chiropractor or physician.
4. Trying to conceal past injuries or conditions
Many patients believe that the existence of past injuries or conditions hurts their personal injury case. In reality, pre-existing problems often increase the likelihood of greater damage from a motor vehicle accident.
Actual patient histories show that more extensive and longer care is typically required when certain problems are already present. By trying to hide the past, remember your medical records will reveal the truth. When that happens, non-disclosure often comes across as deceitful behavior and can sink an otherwise good case.
5. Not seeking care early
A delay in seeking care is often understood to mean a less serious injury. If that occurs, it is imperative to carefully document all the reasons why you were unable to obtain care sooner.
6. Relying upon medication alone to treat the injuries
For the most part, medication used to treat symptoms often does little for the root cause.
Research shows that for most motor vehicle injuries, treatment with only symptom suppressive medication offers a much poorer prognosis than methods that actually restore function.
7. Downplaying one’s injuries
Some people feel uncomfortable and/or hesitant to disclose the full nature of their injuries. They downplay existing symptoms and may fail to report new ones. Auto insurance companies save tons of money when this occurs and the patient suffers unnecessarily.
Your treating doctor should be aware of this possibility and recurrently ask patients about any other symptoms that may be present.
8. Exaggerating one’s injuries
This is the flip-side of the above mistake.
There is a small percentage of patients who amplify their symptoms. If this is suspected by the claims adjuster or defense attorney, the case can take a nosedive rapidly.
Credibility issues poison any personal injury or workers compensation case. The settlement offer could plummet to zero and the patient may have significant medical expenses to pay on their own. For good reason, plaintiff attorneys and doctors run from these patients and clients.
9. Doctor shopping
Changing doctors frequently is a red flag to the defense. It is important to do your own due diligence prior to choosing a doctor or follow your attorney’s recommendations.
10. Failing to have a consultation with a personal injury attorney
Auto insurance companies rely upon the advice of their legal teams when deciding how to handle accident cases. Most injured patients lack the training, experience, and patience to effectively deal with these issues. That is why it is often helpful, and sometimes vital, to get a consultation with an experienced personal injury or workers compensation attorney.
These consultations are usually free of charge or obligation.
Dr. Lewkovich concluded our interview with this encouraging advice:
“Think of your health care providers and your attorney as part of a team. Always feel confident to discuss any issues that come up. We are here to help.”
Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.