After an accident, it’s normal to feel overwhelmed. Between medical appointments, insurance calls, and the stress of missing work, the process can be confusing and emotional. Unfortunately, what you do, or fail to do, in the days and weeks after the accident can have a major impact on your ability to recover full compensation for your injuries.
Even honest, well-intentioned people sometimes make mistakes that weaken their claims or give insurance companies ammunition to reduce payouts. At McWhirter, Bellinger & Associates, we’ve spent over 45 years helping injured South Carolinians avoid these pitfalls and protect their rights.
Below are the most common mistakes that can hurt your personal injury claim and how to avoid them.
- Failing to Seek Medical Attention Right Away
One of the most damaging mistakes you can make after an accident is not getting prompt medical care. Even if you feel okay, you could have hidden injuries such as whiplash, internal bleeding, or a concussion. Delaying treatment gives insurance companies an excuse to argue that you weren’t really hurt or that your injuries aren’t related to the accident.
Always get checked by a medical professional as soon as possible. Tell them exactly what happened and describe every symptom, no matter how minor it seems. Follow your doctor’s orders and attend all follow-up appointments. Medical records are key evidence linking your injuries to the accident.
- Admitting Fault or Apologizing
Many people instinctively apologize after an accident, even when they’re not to blame. However, even a simple “I’m sorry” can be misinterpreted as admitting fault.
Avoid making statements about who caused the crash or how it happened, especially at the scene or when speaking with an insurance adjuster. Stick to the facts and let investigators determine liability. Your attorney will handle communications to make sure nothing you say is taken out of context.
- Failing to Call the Police
In South Carolina, you must report any accident involving injuries, deaths, or significant property damage. Some drivers agree to “handle it privately” to avoid insurance involvement, but that’s a huge mistake. Without a police report, there’s no official documentation of what happened.
Always call law enforcement to the scene. The officer will create an accident report (FR-10 form) that records key details, witness statements, and each driver’s information. This report will be vital evidence when filing your claim.
- Not Gathering Evidence at the Scene
While the police report helps, your own evidence can make a huge difference. If you’re able, take photos or videos of:
- Vehicle damage
- Skid marks and debris
- Weather and lighting conditions
- Traffic signals or signage
- Visible injuries
Also, collect names and contact information from witnesses. Memories fade quickly, so the more you document early, the stronger your case will be.
If you’re too injured to gather evidence, ask someone you trust to do it for you or contact an attorney right away so they can preserve the scene.
- Giving a Recorded Statement to the Insurance Company
Insurance adjusters often call soon after the accident, sounding friendly and helpful. But make no mistake, their goal is to protect their company’s bottom line, not you. They may ask for a recorded statement or pressure you to discuss the details before you’ve spoken to a lawyer.
Do not give a recorded statement without legal advice. Anything you say can be used later to minimize or deny your claim. Instead, politely refer the adjuster to your attorney at McWhirter, Bellinger & Associates. We handle communications for you so you don’t have to worry about saying the wrong thing.
- Accepting a Quick Settlement Offer
After an accident, you may face mounting bills and financial stress. Insurance companies know this, and often offer fast, low settlements hoping you’ll take the money before you know the full extent of your injuries.
Accepting an early offer can be a costly mistake. Once you sign a settlement agreement, you can’t ask for more money later, even if new medical issues arise. Always consult an experienced personal injury attorney before accepting or signing anything. A lawyer can calculate the true value of your claim, including future medical care and lost income.
- Skipping or Stopping Medical Treatment
Gaps in medical treatment are one of the biggest red flags for insurance adjusters. If you miss appointments, stop therapy early, or delay treatment, the insurer may argue that you weren’t seriously injured or that you healed faster than you claim.
Follow your doctor’s recommendations carefully, attend all appointments, and keep records of your progress. If financial or scheduling issues make treatment difficult, talk to your lawyer, they may be able to help you find affordable care or transportation options.
- Posting About Your Case on Social Media
What you share online can seriously hurt your case. Insurance companies and defense attorneys routinely monitor social media accounts for evidence that contradicts your injury claims.
Even innocent posts can be taken out of context. A picture of you smiling at a family gathering might be used to argue you’re not in pain. A “check-in” at a restaurant could be spun as proof you’re not limited by your injuries.
Until your case is resolved, it’s best to avoid posting anything about the accident, your injuries, or your activities. Ask friends and family not to tag you in photos, and set your profiles to private.
- Waiting Too Long to Contact an Attorney
South Carolina law limits how long you have to file a personal injury claim. For most cases, the statute of limitations is three years from the date of the accident. For most cases against governmental entities, the statute of limitations is two years from the date of the accident. If you miss that deadline, you lose your right to recover compensation forever.
But even before that, waiting too long can make your case harder to prove. Evidence can disappear, witnesses move away, and memories fade. The sooner you hire an attorney, the sooner they can begin investigating, gathering evidence, and protecting your claim.
At McWhirter, Bellinger & Associates, we recommend contacting a lawyer as soon as possible after an accident.
- Exaggerating or Misrepresenting Injuries
Honesty is critical in a personal injury case. Exaggerating your symptoms or omitting relevant information can seriously damage your credibility and even lead to dismissal of your claim.
Insurance companies have access to your medical records and will investigate thoroughly. Always be truthful with your doctors and your attorney. Remember — your lawyer can only help you if they have accurate information about your injuries and treatment history.
- Ignoring Doctor’s Orders or “Light Duty” Restrictions
If your doctor places you on restricted activity or “light duty” work, follow those instructions carefully. Insurance companies often hire investigators to conduct surveillance on claimants. If they catch you lifting heavy items or engaging in physical activities beyond your restrictions, they’ll use it to discredit your claim.
Following medical advice not only supports your recovery, it strengthens your case by showing you’re taking your injuries seriously.
- Talking Directly to the At-Fault Party
You might feel tempted to contact the other driver or their insurance company to “work things out.” Don’t. Anything you say could be twisted and used against you later. Let your attorney handle all communication.
Insurance companies have experienced legal teams whose job is to minimize payouts. You deserve someone equally experienced representing your interests.
- Not Keeping Records and Documentation
Strong documentation is the backbone of a successful personal injury claim. Keep copies of:
- Medical bills and treatment records
- Prescription receipts
- Proof of lost wages
- Photos and videos of injuries or property damage
- Correspondence with insurance companies
Also, consider keeping a pain journal describing your daily struggles, emotional distress, and how the injury has affected your life. These details can significantly increase the value of your case.
- Choosing the Wrong Lawyer
Perhaps the biggest mistake of all is hiring an attorney who doesn’t specialize in personal injury law or doesn’t communicate well with you. Some lawyers handle too many cases at once or accept low settlements just to move files quickly.
You need a personal injury law firm with the resources, experience, and dedication to fight for the full value of your claim. At McWhirter, Bellinger & Associates, personal injury is all we do. We’ve spent decades building a reputation for aggressive representation, compassionate service, and proven results across South Carolina.
- How to Avoid These Mistakes
The best way to avoid these common pitfalls is to work closely with a trusted personal injury attorney from the very beginning. Your lawyer can:
- Advise you on what to say and do after the accident
- Communicate with insurance companies on your behalf
- Help you obtain proper medical treatment
- Gather evidence and expert testimony
- Ensure deadlines are met and your rights are protected
With an experienced legal team on your side, you can focus on healing while your attorney handles the rest.
Get Help From McWhirter, Bellinger & Associates
Mistakes can cost you thousands of dollars — or even your entire case. Don’t risk it. The experienced attorneys at McWhirter, Bellinger & Associates have been helping injured people across South Carolina for more than 45 years. We know how to protect your rights, deal with insurance companies, and build the strongest possible claim.
We offer free consultations, and you don’t pay us anything unless we recover money for you.
Call 803-LAW-FIRM (803-529-3476) today to speak with a South Carolina personal injury lawyer.
It won’t cost you anything to see if we can help.
