Common Mistakes That Can Hurt Your Kentucky Car Crash Claim

After the jarring experience of a car accident in Kentucky, your immediate focus is understandably on your health and safety. However, as you begin to navigate the path toward recovery and rightful compensation, it’s important to be aware that certain missteps can significantly undermine your car accident claim. Many individuals, unfamiliar with the claims process, inadvertently make errors that can reduce their settlement or even jeopardize their ability to recover damages from the at-fault party.

At John H. Ruby & Associates, we have assisted numerous Kentuckians in the aftermath of vehicle collisions. We understand the complexities of these claims and have seen how seemingly small mistakes can have major consequences. 

Mistake 1: Delaying or Forgoing Medical Attention

One of the most serious errors following a car accident is not seeking prompt medical evaluation. Even if you feel your injuries are minor or non-existent, some conditions, like whiplash, concussions, or internal injuries, may not present symptoms immediately.

• Health Implications: Delaying medical care can worsen your physical condition. What might be a treatable injury if addressed quickly could develop into a chronic problem if ignored.
• Claim Viability: From a legal perspective, failing to see a doctor right away creates a gap in your medical record. Insurance companies often seize upon such delays to argue that your injuries were not caused by the accident or are not as severe as you claim. They might suggest that something else occurred between the accident and your eventual doctor’s visit to cause or aggravate your injuries.
• Documentation is Key: Immediate medical records provide vital evidence, creating a clear link between the accident and the injuries sustained. These records document the extent of your injuries and the initial course of treatment, forming the foundation of your injury claim and justification for compensation. Prioritizing a medical examination safeguards your health and substantiates your legal claim.

Mistake 2: Not Reporting the Accident to the Police

Failing to report a car accident to the police, especially if there are injuries or significant property damage, can severely hamper your claim. In Kentucky, drivers are generally required to report accidents that result in injury, death, or property damage exceeding a certain amount.

• Official Record: A police report serves as an official, contemporaneous record of the incident. It typically includes crucial information such as the names and contact details of all parties and witnesses, insurance information, a narrative of how the accident occurred (often with diagrams), road and weather conditions, any citations issued, and the officer’s initial observations or opinions regarding fault.
• Supporting Evidence: This document is often a cornerstone in establishing the facts of the case for insurance companies and legal proceedings. Without it, you may find it challenging to prove the other driver’s negligence or even the basic details of the collision, especially if the other party later changes their story.
• Insurance Company Requirements: Insurance companies frequently rely heavily on police reports when investigating claims and determining liability. The absence of a report can lead to delays or disputes, making it harder to obtain the compensation you need.

Mistake 3: Providing Recorded Statements or Too Much Information to an Insurance Adjuster Without Legal Counsel

Shortly after an accident, you will likely be contacted by an insurance adjuster representing the other driver’s insurance company, or even your own. It is vital to be cautious in these interactions.

• Adjuster’s Objective: Insurance adjusters, while often sounding friendly and concerned, are trained professionals whose primary goal is to protect the insurance company’s financial interests by minimizing payouts.
• Risks of Recorded Statements: Adjusters may request a recorded statement from you. They might phrase questions in specific ways designed to elicit responses that can be interpreted to your disadvantage or weaken your claim. Even seemingly innocuous comments about how you are feeling or what you were doing before the accident can be taken out of context and used against you later.
• What to Say (and Not Say): You are generally obligated to report the accident to your own insurance company. However, when dealing with the other party’s insurer, you should provide only basic factual information (your name, contact information, the date and location of the accident) until you have spoken with an attorney. Avoid discussing fault, speculating on the cause of the accident, or detailing your injuries extensively.
• Legal Representation: An experienced car accident attorney can handle communications with insurance companies on your behalf. They understand the tactics adjusters use and can protect you from inadvertently harming your claim. Your lawyer will know what information is appropriate to share and when.

Mistake 4: Failing to Follow Through with Prescribed Medical Treatment

Seeking initial medical attention is the first step; diligently following your doctor’s prescribed treatment plan is equally important. This includes attending all follow-up appointments, participating in physical therapy, taking medications as directed, and adhering to any recommended activity restrictions.

• Undermining Your Claim: If you discontinue treatment prematurely or miss appointments, insurance companies may argue that your injuries are not as severe as you initially claimed, or that you are not committed to your recovery. This can significantly reduce the perceived value of your claim and the compensation offered.
• Proof of Injury Severity: Consistent medical care demonstrates the seriousness and ongoing nature of your injuries. It creates a continuous medical record that documents your progress, any setbacks, and the necessity of the treatments received. This documentation is essential for proving the full extent of your damages, including pain and suffering and future medical needs.
• Your Health is Paramount: Beyond the legal implications, following through with medical care is fundamentally important for your physical recovery and long-term well-being.

Mistake 5: Posting About the Accident or Your Recovery on Social Media

In today’s digital age, what you share on social media platforms can have a profound and often negative impact on your car accident claim. Insurance companies and opposing attorneys routinely scrutinize claimants’ social media profiles for any information that could discredit their claims.

• Misinterpretation of Posts: A seemingly innocent photo of you smiling at a family gathering, an update about a short outing, or even a comment about feeling “okay” on a particular day can be taken out of context. Insurers might use such posts to argue that your injuries are exaggerated or that you are not as limited by your injuries as you assert.
• Activities vs. Injuries: If you claim to have a severe back injury but post pictures of yourself engaging in physical activities (even if they are from before the accident or cause you significant pain), this can be used to challenge your credibility.
• Recommendations:

• It is generally advisable to refrain from posting anything about the accident, your injuries, your medical treatment, or your emotional state while your claim is pending.
• Adjust your privacy settings to the highest level, but be aware that even private posts can sometimes become accessible during legal proceedings.
• Inform friends and family that your claim is ongoing and ask them not to post pictures of you or tag you in posts that could be misconstrued.

Mistake 6: Admitting Fault (Even Partially) at the Scene or Later

In the immediate aftermath of an accident, it’s natural to feel shocked and even apologetic. However, saying things like “I’m so sorry, it was my fault,” even if you are not entirely sure what happened, can be detrimental.

• Statements Against Interest: Such admissions can be used against you by insurance companies and in court to establish your liability.
• Kentucky’s Comparative Fault Rule: Kentucky follows a “pure comparative fault” rule. This means that if you are found partially at fault for the accident, your recoverable damages will be reduced by your percentage of fault. For example, if you are found¹ 20% at fault, you can only recover 80% of your damages. An unnecessary admission can skew this determination.
• Let Investigations Determine Fault: It’s best to avoid discussing fault at the scene. Stick to factual exchanges of information. The police report and subsequent investigations will help determine liability.

Mistake 7: Not Gathering Sufficient Evidence at the Scene

If you are physically able, gathering some basic information and evidence at the accident scene can be incredibly helpful for your claim. While the police will conduct an investigation, your own efforts can supplement their findings.

• Photographs and Videos: Take pictures or videos of the accident scene, including the positions of the vehicles, damage to all cars involved, skid marks, traffic signals, weather conditions, and any relevant road hazards.
• Witness Information: If there are witnesses, try to get their names and contact information. Their accounts can be invaluable, especially if the other driver’s story changes.
• Notes: As soon as you can, jot down everything you remember about how the accident occurred, what was said, and any other details that seem relevant. Memories can fade quickly.

Of course, your safety and medical well-being are the top priorities. Only attempt to gather evidence if you can do so without risk.

Mistake 8: Waiting Too Long to Contact an Attorney / Disregarding the Statute of Limitations

Time is a critical factor in car accident claims for several reasons.

• Statute of Limitations: In Kentucky, there is a time limit, known as the statute of limitations, for filing a personal injury lawsuit. For most car accidents, this is generally two years from the date of the accident or the last Basic Reparation Benefits (BRB) payment (often referred to as Personal Injury Protection or PIP) if you are claiming through Kentucky’s choice no-fault system. Missing this deadline means you lose your right to sue for damages.
• Evidence Preservation: The sooner an attorney is involved, the better their ability to preserve crucial evidence, interview witnesses while their memories are fresh, and investigate the accident thoroughly.
• Early Guidance: Consulting with an attorney early in the process can help you avoid making many of the mistakes outlined here and ensure your rights are protected from the outset.

Mistake 9: Believing the Insurance Company is Entirely on Your Side

This is a common misconception. While your own insurance company has a contractual duty to you, and the other driver’s insurance company has a duty to their insured, their ultimate financial goal is to minimize claim payouts. Adjusters are skilled negotiators trained to settle claims for the lowest possible amount. Having an experienced attorney who understands these dynamics and can advocate vigorously on your behalf is a significant advantage.

Mistake 10: Settling Your Claim Too Quickly, Especially for Future Medical Needs

Insurance companies may sometimes offer a quick, seemingly attractive settlement. While it might be tempting to accept and move on, settling too early can be a costly mistake, particularly if the full extent of your injuries and future medical needs are not yet known.

• Unforeseen Complications: Some injuries have long-term consequences that are not immediately apparent. You might require ongoing physical therapy, future surgeries, long-term medication, or assistive devices.
• Calculating Future Medical Expenses: Determining the cost of future medical care is a complex process that often involves input from your doctors and potentially economic experts to project these costs accurately, accounting for inflation and evolving medical treatments.
• Finality of Settlement: Once you accept a settlement and sign a release, you generally cannot go back and ask for more money, even if your condition worsens or you discover additional accident-related expenses.
• Legal Support for Future Needs: An attorney can help ensure that any settlement offer adequately accounts for your potential future medical expenses and other long-term damages. In Kentucky, you can recover compensation for determinable future medical costs if there is solid reasoning and evidence to support the likelihood of incurring them.

Navigating a Kentucky car accident claim involves many potential pitfalls. By being aware of these common mistakes and taking proactive steps to protect your interests, you can significantly improve your chances of a fair and just outcome.

Protect Your Rights with Experienced Legal Guidance

If you have been injured in a Kentucky car accident, avoiding these common errors is essential to preserving the integrity of your claim. An experienced personal injury attorney can guide you through each step of the process, from dealing with insurance companies to ensuring your damages are comprehensively documented and pursued.

The team at John H. Ruby & Associates is here to help you understand your legal options and fight for the compensation you deserve. To discuss your accident and how we can assist you, call us at 502-895-2626 or fill out our online contact form to schedule a consultation.