Accident Lawyer Tips Common Mistakes to Avoid After an Accident 2 — Questions and Answers
Question 1: What is the risk of exaggerating injuries in an accident claim?
- The claim is automatically increased by 50%
- Exaggeration constitutes insurance fraud, a crime that can result in prosecution and claim denial (Correct answer)
- Insurers are required to pay exaggerated claims if documented by any doctor
- Exaggerating only affects punitive damages
Correct answer: Exaggeration constitutes insurance fraud, a crime that can result in prosecution and claim denial
Insurance fraud is a serious criminal offense that can result in denial of your legitimate claim, civil liability, and criminal prosecution.
Question 2: Why is it a mistake to sign a medical records release to the opposing insurer without legal review?
- Medical records releases are illegal without court orders
- A broad release could give the insurer access to unrelated pre-existing conditions used to minimize your claim (Correct answer)
- Signing any medical release voids your health insurance
- Medical records are not relevant to accident claims
Correct answer: A broad release could give the insurer access to unrelated pre-existing conditions used to minimize your claim
Overly broad medical releases allow insurers to access your entire medical history looking for pre-existing conditions to use against you.
Question 3: What is the mistake of not reporting the accident to your own insurance company?
- You lose the right to vote in the next election
- You may violate your policy's cooperation clause, jeopardizing coverage (Correct answer)
- Reporting to your own insurer automatically admits fault
- It triggers an immediate rate increase before fault is determined
Correct answer: You may violate your policy's cooperation clause, jeopardizing coverage
Most policies require prompt notification of accidents, and failure to report can be grounds for denying coverage under the cooperation clause.
Question 4: Why is it dangerous to trust verbal promises from the other driver or their insurer?
- Verbal agreements are legally binding in all states
- Verbal promises have no legal enforceability and are routinely broken (Correct answer)
- Verbal agreements trigger mandatory court review
- Insurers are required by law to follow verbal commitments
Correct answer: Verbal promises have no legal enforceability and are routinely broken
Verbal commitments are unenforceable and easily denied; only written settlement agreements create binding legal obligations.
Question 5: What is the mistake of not following your doctor's treatment plan after an accident?
- It has no effect on your claim
- It can be used to argue that your injuries were not serious and reduces your recoverable damages (Correct answer)
- It automatically discharges all medical liens
- It shifts liability to the medical provider
Correct answer: It can be used to argue that your injuries were not serious and reduces your recoverable damages
Non-compliance with prescribed treatment undermines your claimed injury severity and triggers the duty-to-mitigate defense against full recovery.
Question 6: Why is moving vehicles at the accident scene before documenting the scene a mistake?
- Moving vehicles is always required by law immediately after any accident
- It destroys critical evidence about impact angles, speeds, and fault (Correct answer)
- It automatically proves you are at fault
- Moving vehicles triggers mandatory arrest
Correct answer: It destroys critical evidence about impact angles, speeds, and fault
Vehicle positions at the scene are critical evidence that helps reconstruct how the accident occurred; moving them destroys this information.
Accident Lawyer Tips Common Mistakes to Avoid After an Accident 2
What is the risk of exaggerating injuries in an accident claim?