If you have been in a car accident, you've likely got an insurance claim and potentially a lawsuit ahead of you. However, no matter what the cause of the accident, it's important that you understand how to handle the immediate period afterward. Especially when it comes to talking with the insurance company and the claims adjuster, there are mistakes that can ultimately cost you in a claim against the other party.

Avoid Taking Responsibility

It's a common mistake to say that it's your fault or that you did it. Especially if you were distracted, missed something, or just feel like it was your mistake, you could find yourself saying some version of this to the claims adjuster when you talk. 

Admitting any kind of fault when you talk with the claims adjuster will be used against you later, even if the accident wasn't your fault at all. You may find that they dismiss your claim and put the liability on you simply because of your comment. Instead, stick to answering the questions asked with facts about what happened, or direct the claims adjuster to talk with your attorney.

Don't Downplay Your Condition

For many people, it's just a natural reflex to say things like "I'm okay" or "It's not that bad" when being asked about how they are feeling or how they are doing. Don't do this when you are talking about the accident and your injuries. Be honest about how you are feeling. If you are in pain, struggling with tasks, or having any other issues, you should stress that fact.

However, don't overplay your injuries either. If you exaggerate your injuries, you could find your integrity called into question when your medical records and doctor's statements don't match up with what you're saying.

Remember that your settlement award can be heavily affected by the severity and duration of your injuries, so make sure you're clear about everything you're struggling with.

Don't Permit Access To Your Medical Records

If you mention seeking medical treatment, the adjuster might ask about which doctors you're seeing. They may even ask for permission to see your medical records, presented as an attempt to ensure that you get enough of a settlement to cover your needs.

However, you should never, under any circumstances, permit access to your medical records without talking to an attorney first. If you have any pre-existing medical conditions, those could be used against you in your attempt to settle your claim. Your attorney can help to protect your interests and ensure that they only receive the information that's absolutely necessary.

To learn more about how to handle a personal injury case, talk to a car accident attorney.