12 Critical Mistakes to Avoid After a Car Accident in Colorado (Which Could Affect Your Settlement)

When you find yourself involved in a car accident, the moments immediately following the crash can feel overwhelming and confusing.

Your adrenaline is pumping, you might be injured, and you’re trying to process what just happened.

Unfortunately, this is precisely when many people make critical errors that can severely impact their ability to recover compensation for their injuries and damages.

As someone who has handled over 10,000 car accident cases in my 32 years of practice at Allen Accident Law, I’ve seen how these mistakes can cost victims thousands of dollars in potential settlements.

Having previously worked for insurance companies like State Farm and GEICO, I understand exactly how insurers use these common errors against accident victims to lower or deny their settlements.

Here are common mistakes to avoid after a car accident:

Leaving the Accident Scene Too Quickly

One of the most damaging mistakes I see accident victims make is leaving the scene before gathering all necessary information.

The shock and stress of an accident can make you want to get away from the situation as quickly as possible, especially if the damage appears minor.

However, rushing away from the scene can leave you without crucial evidence needed to support your claim.

Even in seemingly minor accidents, injuries like whiplash, concussions, or soft tissue damage may not manifest symptoms until hours or even days later.

By leaving too quickly, you might miss your opportunity to document the scene properly and gather witness statements.

I always advise my clients to remain at the scene until law enforcement arrives and completes their report, regardless of how minor the accident may seem.

This documentation becomes invaluable when insurance companies attempt to dispute your claim or minimize your injuries.

Failing to Call Law Enforcement

Some accident victims believe that calling the police is unnecessary, particularly in minor fender-benders.

This thinking often stems from a desire to handle the situation privately or concerns about involving authorities.

However, having an official police report can make the difference between a successful claim and a denied one.

Law enforcement officers are trained to assess accident scenes objectively and document their findings in an official report.

This report includes crucial details about the accident, statements from all parties involved, witness accounts, and the officer’s assessment of fault.

Insurance companies heavily rely on these reports when determining liability and settlement amounts.

Without a police report, the case often becomes a matter of “he said, she said,” which can significantly complicate your claim.

Even if the other driver seems cooperative and admits fault at the scene, their story might change once they speak with their insurance company.

Admitting Fault or Apologizing

Colorado follows a modified comparative negligence rule, meaning that even if you bear some responsibility for the accident, you may still be entitled to compensation.

However, any admission of fault you make at the scene can be used against you later to reduce or deny your claim.

Many people have a natural tendency to apologize after an accident, even when they weren’t at fault.

Statements like “I’m sorry” or “I didn’t see you” can be interpreted as admissions of guilt by insurance companies.

These companies employ teams of investigators and adjusters whose job is to minimize payouts by finding ways to blame accident victims.

Even seemingly innocent comments about your speed, visibility, or attention can be twisted to suggest you contributed to the accident.

Instead of discussing fault or apologizing, stick to factual statements about what happened.

Describe only what you observed without speculating about causes or accepting blame.

Declining Medical Attention

One of the most costly mistakes accident victims make is declining medical attention at the scene or delaying medical treatment.

Adrenaline and shock can mask pain and injury symptoms, leading you to believe you’re uninjured when you actually need medical care.

Insurance companies frequently use gaps in medical treatment to argue that injuries weren’t serious or weren’t caused by the accident.

If you wait days or weeks before seeing a doctor, the insurance company will likely claim your injuries resulted from something other than the car accident.

This delay can significantly reduce your settlement or result in a complete denial of your claim.

Even if you feel fine at the scene, it’s crucial to get evaluated by a medical professional within 24-48 hours of the accident.

Many serious injuries, including traumatic brain injuries, spinal injuries, and internal bleeding, may not present immediate symptoms.

Early medical documentation creates a clear link between the accident and any injuries you sustained.

Providing Recorded Statements to Insurance Companies

Insurance adjusters often contact accident victims within hours of a crash, requesting recorded statements about what happened.

These adjusters present themselves as helpful and concerned about your wellbeing, but their primary goal is to gather information that can be used to minimize your claim.

Recorded statements can be problematic because you’re still processing the trauma of the accident and may not have a clear recollection of all the details.

You might inadvertently say something that contradicts other evidence or minimizes your injuries.

Insurance companies have trained professionals who know how to ask leading questions designed to elicit responses that favor their position.

Once you give a recorded statement, you cannot take it back or modify it later, even if you remember additional details or realize you were mistaken about something.

In Colorado, you’re not legally required to provide a recorded statement to the other driver’s insurance company.

Your own insurance company may require a statement as part of your policy terms, but even then, it’s advisable to have legal representation before providing one.

Accepting the First Settlement Offer

Insurance companies often make quick, low settlement offers to accident victims, hoping to resolve claims before the full extent of injuries and damages becomes apparent.

These initial offers are typically a fraction of what your claim is actually worth.

Insurance adjusters know that many people are struggling financially after an accident and may be tempted to accept any offer to get quick cash.

However, once you accept a settlement offer, you typically cannot pursue additional compensation, even if your injuries turn out to be more serious than initially thought.

Medical treatment for car accident injuries can be expensive and lengthy.

What seems like a significant settlement offer initially may not even cover your medical bills, let alone compensate you for lost wages, pain and suffering, and future medical needs.

Before accepting any settlement offer, it’s essential to have a complete understanding of your injuries and their long-term implications.

This requires thorough medical evaluation and often consultation with specialists who can assess the full scope of your injuries.

Not Documenting the Accident Scene

Proper documentation of the accident scene can make or break your case.

Many accident victims fail to take photographs or gather sufficient evidence while they’re still at the scene.

This evidence becomes crucial when insurance companies dispute liability or try to minimize damages.

Take photographs from multiple angles showing vehicle damage, the positions of the vehicles, skid marks, road conditions, traffic signs, and any visible injuries.

Don’t just focus on the obvious damage; capture the entire scene to provide context for how the accident occurred.

Modern smartphones make it easy to take high-quality photos and videos that can serve as powerful evidence.

Also, gather contact information from all witnesses who saw the accident occur.

Witness statements can provide objective third-party accounts of what happened, which can be invaluable if there are disputes about fault.

Waiting Too Long to Contact an Attorney

Many accident victims believe they can handle their insurance claim without legal representation, especially if the accident seems straightforward.

However, insurance companies have teams of lawyers and adjusters working to minimize payouts, and you’re at a significant disadvantage trying to negotiate on your own.

The legal landscape surrounding car accidents is complex, with various deadlines, requirements, and procedures that must be followed correctly.

Missing important deadlines or failing to meet legal requirements can result in the complete loss of your right to seek compensation.

In Colorado, the statute of limitations for personal injury claims is typically three years from the date of the accident.

However, there are exceptions and nuances to this rule that require legal expertise to understand properly.

Additionally, insurance companies treat represented claimants very differently than those without legal representation.

They know that unrepresented accident victims are more likely to accept low settlement offers and less likely to pursue their claims aggressively.

Posting About Your Accident on Social Media

In today’s connected world, many people instinctively share major life events on social media platforms.

However, posting about your car accident on Facebook, Instagram, Twitter, or other social media sites can seriously damage your claim.

Insurance companies and their investigators routinely monitor the social media accounts of accident victims looking for evidence that contradicts their claims.

Photos of you engaging in physical activities, attending social events, or appearing happy and healthy can be taken out of context and used to argue that your injuries aren’t as serious as you claim.

Even innocent posts can be misinterpreted and used against you.

A photo of you smiling at a family gathering might be presented as evidence that you’re not suffering from pain and emotional distress.

Check-ins at locations far from your home might be used to argue that you’re not as limited in your activities as you claim.

The safest approach is to avoid posting anything about the accident or your recovery on social media until your case is resolved.

If you must use social media, review your privacy settings carefully and avoid posting photos or updates that could be related to your accident or injuries in any way.

Not Keeping Detailed Records

Successful car accident claims require meticulous record-keeping, yet many victims fail to maintain proper documentation of their expenses and losses.

This oversight can cost you thousands of dollars in compensation that you’re legally entitled to receive.

Keep detailed records of all medical appointments, treatments, medications, and therapeutic services related to your accident injuries.

This includes not only emergency room visits and doctor appointments but also physical therapy sessions, chiropractic treatments, massage therapy, and mental health counseling.

Document all time missed from work due to your injuries, including partial days when you left early for medical appointments.

Calculate lost wages based on your regular earnings, including overtime, bonuses, and other compensation you would have received.

Track all out-of-pocket expenses related to the accident, including transportation to medical appointments, prescription medications, medical equipment, and modifications to your home or vehicle to accommodate your injuries.

Keep receipts for everything, as insurance companies will require documentation for any expenses you claim.

Ignoring the Emotional Impact

Car accidents can have significant psychological and emotional effects that are often overlooked or minimized by both victims and insurance companies.

Post-traumatic stress disorder, anxiety, depression, and other mental health conditions are common after serious accidents.

These conditions can be just as debilitating as physical injuries and may require ongoing treatment and therapy.

Don’t ignore emotional symptoms or assume they’ll resolve on their own over time.

Seek appropriate mental health treatment and document these services as part of your medical care.

The emotional impact of a car accident can affect your ability to work, maintain relationships, and enjoy activities you previously found pleasurable.

These effects are compensable damages that should be included in your settlement negotiations.

Understanding Your Insurance Coverage

Many accident victims don’t fully understand their own insurance coverage and miss opportunities to maximize their compensation.

Review your insurance policy carefully and understand what coverage you have available.

Uninsured and underinsured motorist coverage can provide additional compensation if the at-fault driver doesn’t have sufficient insurance to cover your damages.

Medical payments coverage can help pay for immediate medical expenses regardless of who was at fault for the accident.

Personal injury protection coverage may provide broader benefits including partial wage replacement and coverage for essential services you cannot perform due to your injuries.

Understanding these coverage options can help ensure you receive all the compensation available to you through your own insurance policy.

Moving Forward After Your Accident

The period following a car accident is challenging both physically and emotionally.

By avoiding these common mistakes, you protect your legal rights and maximize your chances of receiving fair compensation for your injuries and losses.

Remember that insurance companies are businesses focused on minimizing payouts, not looking out for your best interests.

Having an experienced car accident lawyer at your side levels the playing field and ensures that your rights are protected throughout the claims process.

If you’ve been involved in a car accident in Colorado, don’t let these mistakes jeopardize your recovery.

Contact my office to discuss your case and learn how I can help you get the compensation you deserve.

With over 32 years of experience and more than 10,000 settled cases, I understand how to negotiate with insurance companies and get results for my clients.