Car accident victims face many challenges to receiving fair compensation after a crash. One major hurdle is to prove fault. In Iowa, a victim can receive compensation so long as their share of fault is not greater than anyone else’s. (Iowa Code § 668.3.) Even if your share of fault is less, your compensation will be reduced proportionally.
Unfortunately, any statement you make after an accident might be used against you in a car accident case. That means your own words could be used to show you bear some or most of the blame for an accident—which would reduce the amount of money you get for your injuries.
Helpfully, there are certain things you should avoid saying. Below, our Des Moines car accident lawyer identifies what words should never come out of your mouth. To speak with us in a personal consultation, call us at any time. We can drive out to meet you from our offices in Iowa City and Waterloo, when necessary. And we are always available 24/7 to speak with our clients.
Avoid Saying, “I’m Sorry”
Some people instinctively say, “I’m sorry” after any kind of accident. They think it’s the right thing to do, even if they know they aren’t to blame. But “I’m sorry” sounds like you are taking responsibility for causing the car accident. You should avoid saying it for that reason.
You can express concern for other motorists using different words. Ask them if they need an ambulance and call one if they are badly hurt. You can also help them get out of their vehicle and sit by the side of the road as you wait for the police to come by. You can say, “I hope you aren’t badly hurt” or “Everything will be okay.” Those are good ways to express concern.
But you should not apologize, even if you think you might be to blame. It’s also okay to sit and wait patiently for the police to swing by the accident scene. You don’t need to have a whole conversation.
Don’t Say, “I Didn’t Even See You!”
This is another mistake. Admitting you didn’t see a driver sounds like you are admitting you were distracted. Of course, the other driver might have come flying out of a parking lot and jumped right in front of your car—so, yes, it’s true you didn’t see them! Nonetheless, a crafty defense lawyer might argue you were distracted by something, and a careful motorist would have seen their client. This statement could be used to reduce your compensation.
Do Not Say, “I’m So Tired”
Drowsy driving is negligent driving. You might have just gotten off your midnight shift at the hospital or the packing plant. You could be exhausted and just trying to get home so you can go to sleep. Nonetheless, you shouldn’t admit to being tired. A defense lawyer might argue you probably made some mistake behind the wheel because of fatigue.
Never Say, “I Feel Fine”
Our clients receive financial compensation for their medical care and lost income, as well as their property damage. We can also request money for pain and suffering and similar intangible losses.
However, the amount you receive typically depends on the severity of your injuries. Someone with minor pain in their elbow will receive a lot less—and maybe nothing—compared to someone with whiplash or a concussion.
Avoid saying you feel “fine.” Again, this is often an instinct for many people. Some people hate to complain, and they’ll say, “I’m fine” whenever asked.
By minimizing your injuries in this way, you are hurting your ability to receive financial compensation. If someone asks you if you’re okay, you can say, “I’m shaken up” or even “No.”
Don’t Say, “We Can Handle This Without Involving the Insurance Companies”
Some drivers try to handle the claim without involving the police or the insurance. They might propose giving you $500 if you’ll just let them leave the accident scene. You should avoid agreeing to this arrangement. It’s a hassle to call the police, but you really don’t know the extent of the damage to your car, to say nothing of your bodily injuries.
Some injuries will take 24 hours to fully develop. You could end up with major back pain and no way to get compensation if you let a driver leave the scene. Instead, insist on swapping insurance and other details. The law requires that people stop and share this information. Then call the police.
Avoid Saying, “Yes, I’ll Accept the Settlement”
In the days and weeks after a crash, you’ll probably hear from the other driver’s insurance company. They will probably extend a settlement offer to you. The last thing you should do is accept it.
Most settlement offers are too low. We have sometimes gotten 2 or 3 times what was initially offered to our clients. Usually, insurance companies offer peanuts for pain and mental anguish.
Let us review the offer and determine if you should hold out for more. We can then negotiate with the other side to bump up the money on offer. However, a verbal agreement is often effective, so avoid saying anything about settling a claim.
In fact, you really don’t need to talk to the defendant or their insurance company. Hire Ball, Kirk & Holm and we’ll handle all communication for you. You should not be bothered; instead, focus on getting better.
Contact Our Des Moines Car Accident Lawyer for More Tips
We believe that all accident victims deserve the best legal representation after a car wreck. Call our firm today. We are available for our clients 24/7 and can negotiate with the at-fault driver or their insurer for a realistic settlement for your injuries. You should not have to pay money for medical care or suffer lost income. We can negotiate for you. Our consultations are free, and we can discuss in greater detail how we charge clients for our legal services. There is no risk to calling and asking any questions.