Common Mistakes to Avoid After a Minnesota Car Accident
Car accidents leave you rattled, frightened, and prone to doing or saying things you’d otherwise never consider. Unfortunately, these errors can leave you unable to seek compensation—or at least make it very difficult to fight for a fair settlement. Every choice you make in the aftermath of a car accident can have a serious impact on the outcome of your case, and working with a car accident lawyer in Minnesota can help you avoid common missteps.
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Mistake 1: Not seeking medical care right away
After a car accident, it’s common to want to walk away from it, let your insurance handle it, and not let it impact your life further. However, the accident did happen, and ignoring it could leave you at risk for serious health issues. Immediate medical care is a must, even if you feel fine or are only struggling with a little soreness. Prompt medical care allows you to start getting the care you need immediately. And if you are injured, medical records can link your injuries to the accident, making it easier for you to pursue fair compensation.
Mistake 2: Not reporting the accident promptly
Under Minnesota’s no-fault insurance system, you have to report accidents to your insurance fairly quickly to tap into your PIP benefits. Even if you’re able to sue the other party because you meet the tort threshold, you have to report the accident right away.
Going one step further, not reporting the accident to the police is a very common mistake for Minnesota drivers. People may plead with you to settle the accident without involving insurance, often because they don’t have legally-required insurance or they have a warrant out that’s sure to come up if the police come to the scene. You have to do what is best for you in this situation—and that means calling the police.
Mistake 3: Admitting fault at the scene
It’s normal to want to be nice, comfort the other driver, and smooth things over after a collision. But apologizing, admitting fault, or sharing blame with the other party is a huge mistake. What you say at the scene can come back to harm you when you seek compensation, so avoid saying anything that implies you may be at fault for the collision. You can express sympathy for the other driver’s injuries or let them know you’re going to cooperate fully with insurance so everyone can access their PIP benefits, but don’t start taking blame for an accident you don’t yet completely understand.
Mistake 4: Not collecting evidence
The minutes immediately after a car crash represent your best opportunity to collect crash scene evidence. By the time you return to this intersection or stretch of road, the accident debris will be cleaned up as if it never happened. Video footage of the accident scene and photos of the damage can go a long way in proving your losses, demonstrating fault, and strengthening your claim – whether you only access your PIP benefits or you seek compensation from the other party’s insurance company.
You should also get contact information from any witnesses at the scene. It is much harder to track people down after the fact, so this is the best time to get their name and phone number to pass along to your car accident attorney.
Mistake 5: Settling too quickly
Early settlement offers often seem appealing. They allow you to get what you think you’re owed and start moving forward from your accident. However, they often come with significant risks. The biggest risk is that you’re accepting far less than what your accident is worth. If you have a claim against the other party’s insurance provider because you meet the tort threshold, avoid jumping on their first settlement offer. It’s likely a lowball offer that they’re just hoping you’ll accept out of desperation. Right after an accident, it’s impossible to know just how much your losses ultimately amount to and what type of compensation would be considered fair. Hold off on talking to the other party’s insurance provider until you have a chance to talk to a car accident lawyer about your next steps.
Mistake 6: Ignoring Minnesota’s no-fault rules
The no-fault system in Minnesota makes it easier for people to get coverage for their medical expenses and certain other accident-related losses without having to battle the other party’s insurance company. There are limitations, though. Benefit limits apply to every claim, and you should be ready to provide documentation of your injuries and the care you need. Failure to follow medical advice, skipping appointments, or seeking excessive care beyond what would be considered reasonable could leave you on the hook for substantial medical bills.
Mistake 7: Assuming you don’t have a claim against the at-fault party
Yes, Minnesota is a no-fault state. However, there are cases in which you can pursue compensation from the other driver. Generally, the more severe your accident is, the more likely it is you’ll be able to sue the other party. You may surpass the tort threshold if you have more than $4,000 in medical expenses (with certain exclusions), the injury leaves you permanently disfigured, or the injury leaves you disabled for 60 days or more. The tort threshold is also met if the victim passes away. If you meet any of these criteria, you should absolutely discuss a potential personal injury claim against the at-fault party. This may allow you to seek additional damages beyond the limits of your insurance policy and hold the at-fault party accountable.
Explore your legal options with Bradshaw & Bryant, PLLC
If you’ve been injured in a Minnesota car accident, let’s talk about your next steps and if you have a liability claim against the other driver. Give us a call or reach out online to set up a consultation right away.