The 7 Most Common Car Accident Mistakes People Make in the First 24 Hours
The impact only takes a second. But what do you do right after the crash? That can change everything.
We've represented tens of thousands of people hurt in car accidents from Florida to Texas to Tennessee and beyond. One thing never changes: the hours right after a wreck are where most people go wrong. And that can cost them thousands, or even the right to get help at all.
No matter where you live, here's what we've seen drivers do that hurts their case, their recovery, and their shot at fair compensation.
1. Skipping the 911 Call
The cars look drivable. Nobody's bleeding. So you figure it's no big deal, and you agree not to call the cops.
Bad move.
Without a police report, there's no neutral record of what happened. The other driver might change their story. Worse, their insurance company might deny everything. We've seen this happen in Miami, Austin, and even smaller cities like Clarksville. No report means no proof, and no proof means no payout.
Always call law enforcement. Let them document the scene. Even a "minor" crash can turn into a big legal headache without it.
2. Saying "I'm Fine" at the Scene
Maybe you're trying to be polite. Maybe you're still in shock. But telling the other driver, the officer, or even a witness that "you're okay" is a fast way to undermine your case.
It's not just what you say, it's what the insurance company hears. If they see or hear you say you're fine, they'll use that as ammo against your injury claim, even if you're in pain later. Instead, say you're shaken up and plan to get checked out. Then follow through.
3. Waiting Too Long for Medical Care
This one ruins more injury cases than anything else.
People walk away from a crash thinking they're fine, only to wake up the next day with intense back pain, migraines, or numbness in their arms. Soft tissue damage, herniated discs, internal bleeding don't always show up in the first hour. And psychological trauma? That can hit days or even weeks later.
It's not just about bones and bruises. Some people develop anxiety behind the wheel. Others experience panic attacks, sleep problems, or depressive episodes that don't start until the adrenaline wears off.
If you're feeling "off" after a crash, physically or mentally, that's reason enough to get checked out. Documenting symptoms early helps both your health and your case.
In Florida, there's a 14-day rule. If you don't get medical treatment within 14 days of the crash, your PIP (Personal Injury Protection) benefits might not apply, even if it's clearly the other driver's fault. That law catches a lot of people off guard.
In Tennessee and Texas, there's no hard deadline like Florida's, but waiting still creates problems. The longer you go without treatment, the easier it is for an adjuster to argue your injuries weren't serious, or weren't caused by the crash at all.
Head to the ER. Visit urgent care. Book with your primary care doctor. Just don't wait.
4. Admitting Fault or Guessing About It
You step out of the car, rattled, and say something like, "I didn't see you," or "I'm sorry, I was in a hurry." It may feel like the honest thing to do, but it's not smart.
We've worked on cases where a driver's apology at the scene became the main reason their claim got denied. And the reality is, you may not even know who was at fault. The other car may have sped up, run a light, or hit you while you had the right of way.
Let the facts speak. Be respectful, but don't guess, admit, or explain anything until you've spoken to an attorney.
5. Assuming You're at Fault-So You Skip Calling a Lawyer
You rear-ended someone. Or you were speeding. Maybe you looked down at your phone for a second. You figure the crash was your fault, so what's the point of calling a lawyer?
That assumption can cost you more than just a settlement. In many states, including Florida and Texas, even if you're partially at fault, you may still be entitled to compensation for your injuries, especially if the other driver shares any responsibility. We've represented plenty of clients in so-called "at fault" crashes where deeper investigation revealed shared negligence, poor road conditions, or third-party liability.
The legal system doesn't work on gut feelings. It works off evidence.
Don't write yourself off before the facts come out. Talk to an accident lawyer dealing with at-fault cases who can look at the full picture and tell you if your case has a chance. You might be surprised by what you still qualify for.
Posting About the Crash on Social Media
It seems harmless. A quick "thankful to be okay" on Instagram or a story showing your car's damage on Facebook. But those posts can hurt you badly.
Insurance companies check your social profiles. Doesn't matter if it's public or private. If you say you're "fine," but later file a claim for injury, they'll use your own words or pictures to argue you weren't really hurt. So don't share anything until your case is closed.
6. Believing the Insurance Company Is on Your Side
They might sound helpful. They might even offer you money quickly. But their goal isn't to make you whole, but is to close your case for the least amount possible.
In truck accident cases especially, we've seen major insurance companies send adjusters to the scene within hours. In one Houston case, the victim signed a release for a settlement before even seeing a doctor. That decision cost them tens of thousands in unpaid medical bills.
Don't give a recorded statement. Don't sign paperwork. And don't trust their offer without legal advice.
7. Not Calling a Lawyer Right Away
People wait for all kinds of reasons. They want to see if they'll feel better. They don't want to make things "a big deal." They think they can handle it themselves.
Here's what they don't see: evidence disappears fast. Surveillance footage gets erased. Witnesses vanish. And insurance companies start building their defense the minute you report the crash.
Getting a lawyer involved early doesn't mean you're filing a lawsuit. It means someone's watching your back from the start, making sure you get proper treatment, build the right documentation, and don't sign anything that hurts you later.
If You're in Florida, Texas, or Tennessee-Pay Extra Attention
Each state has its own accident laws, injury rules, and insurance traps. In Florida, PIP deadlines are strict. In Texas, comparative fault laws could reduce your compensation if you're found even partly to blame. And in Tennessee, the one-year deadline to file an injury claim sneaks up fast.
The bottom line: don't assume your state's rules protect you. Talk to someone who knows the local law and has seen every trick in the book.
