Statements You Should Avoid After a Car Accident 

Key Points:

• When talking to other drivers, witnesses, and police officers at the scene, knowing what not to say can be the key to protecting your legal claim. 
• During the claims process, you must continue to be careful about what you say and do because the at-fault driver’s insurance company will use any evidence to deny or try to reduce your claim.  
• Because Georgia is a modified comparative negligence state, your compensation can be reduced even if you were only partially at fault, which means the insurance company will hunt for reasons to shift some of the blame to you, in an attempt to save money. 

What You Say After a Car Accident Can Mean the Difference Between Winning and Losing

Being injured in a car accident can be a traumatizing experience, and the stress and emotions you feel in the aftermath may cause you to say things that can be used as evidence against you later. When talking to other drivers, witnesses, and police officers at the scene, knowing what not to say can be the key to protecting your legal claim. During the claims process, you must continue to be careful about what you say and do because the at-fault driver’s insurance company will use any evidence to deny your claim, even one small detail or mistake in your statements.  

Additionally, and because Georgia is a modified comparative negligence state, your compensation can be reduced even if you were only partially at fault, which means the insurance company will hunt for reasons to undermine you so it can save money. Depending on what you say, the insurance company may argue that you were more than 50 percent responsible, which means you receive nothing for the accident. 

Things You Should Not Say After a Car Accident 

Things you say and do after the accident can give the insurance company the ammunition it needs to deny your claim or reduce your compensation. Here are 10 statements to avoid after an accident: 

Admissions of Fault

One of the most important things you can do after an accident is to tell the truth. Do not try to lie to the police, first responders, your medical providers or an attorney about what happened. However, how you explain or answer questions about the accident or what happened in its aftermath can be equally as important as what actually happened.

You cannot recover compensation from the other driver’s insurance company if you caused the accident. Because Georgia is a comparative negligence state, the compensation you receive can also be reduced if you were even partially at fault. If you admit fault or say something that implies you did something wrong, it can be used to deny or reduce your injury claim. Even if you believe that you were at fault, you should not say anything that may be used against you in a legal claim. Other than explicitly saying “It was my fault,” other phrases you should avoid include “I wasn’t paying attention,” “I didn’t see your car,” “I’m not wearing my glasses,” and “I should have reacted sooner.” 

Do Not Downplay Your Injuries 

It’s natural to say things like “I’m OK” after you trip and fall or in an embarassing situation – even when you are in pain. However, this can be a devestating thing to say in the moments immediately after a serious car crash. In such moments, you may not be aware that you are hurt after an accident because some injuries do not become obvious until later, or certain injuries may seem minor at first but worsen over time. For example, whiplash or traumatic brain injuries can appear days or even weeks after an accident. To protect your health and your legal claim, you should always seek medical attention immediately after a car accident and follow up with treatment.

When making statements to others, you should not try to minimize your injuries by saying “I’m fine,” “I don’t need a doctor,” or “It’s not that bad.” If you make such statements to investigating officers, it may be captured on patrol car or body worn cameras. If you later seek compensation, the insurance company can use those statements to argue that you were not injured in the crash or that your injuries are not as serious as you claim. You should also avoid making statements or posting pictures on social media that may undermine or contradict your injury claim. Do not sign any medical releases without consulting an attorney. 

Do Not Apologize 

After an accident it often feels natural to apologize to the other driver, especially if they are hurt or upset. In Georgia, where polite Southern manners are deeply rooted, it can feel rude or awkward to not say “I’m sorry” as a matter of courtesy. However, saying “I’m sorry” can be viewed as an admission of guilt after a car accident or that you caused the wreck (if you didn’t), even if you only intended to be polite or offer comfort. If other people, such as witnesses or police officers, hear you apologizing, it can color their views about who caused the accident. More specific apologies such as “I’m sorry you’re hurt” or similar phrases such as “I feel bad this happened” may also be misconstrued. 

Do Not Speculate About the Cause of the Accident 

You may think you know what or who caused the accident—you may even be certain. But it is not your job to determine what happened. Let the police investigate the accident and draw conclusions. When the police interview you at the scene, stick to the facts that you know rather than offer your opinions. If you offer opinions that turn out to be untrue, it can undermine your legal claim and make the police officer think that your account is unreliable. To prevent speculation, avoid statements that begin with “I believe,” “I think,” “In my opinion,” or “Maybe.” If you are unsure about a question you are asked, simply say “I don’t know.” 

Do Not Blame Others 

You should not only avoid speculating about the cause of the accident but also avoid saying things that place blame on others. First, it is up to the police to determine who was at fault after investigating an accident. The insurance company and your own attorney will also investigate the accident to gather evidence proving liability. Attempting to blame the other driver for the accident can backfire and damage your claim if your statements turn out to be untrue or if you inadvertently say something that incriminates you. For example, you might say “he came out of nowhere” or “I didn’t see him” to the police officer, but the officer might assume that means you were not paying attention. 

Do Not Agree to Settle Without Legal Advice 

It is a common practice for insurance companies to offer a quick settlement to car accident victims because they are hoping to get away with paying far less than what the claim is worth. If you say “I’m not working with an attorney,” the insurance adjuster knows you may not realize what your claim is worth and is more likely to lowball you. You should never say “yes” or accept a settlement offer before consulting with an attorney about your claim. Once you sign the agreement or cash the check, you will be unable to pursue more compensation in the future. Accepting an offer without talking to a lawyer almost always means you will receive significantly less than what you deserve and may end up paying the accident costs out of your own pocket. 

Do Not Say Anything Recorded without Legal Advice 

After a car accident, avoid making any statements that are recorded without speaking to a lawyer first. The at-fault driver’s insurance carrier will try to find holes in your story, and you do not want to damage your case by saying things in the heat of the moment that may be disproven or make you sound responsible. That means you should not let passengers, the other driver, or witnesses at the scene record you talking about the accident. You should not record yourself or post a video to social media talking about it. When the insurance adjuster calls you, you should not agree to a recording. An experienced attorney can protect your interests and direct you about how to avoid saying something negative on the record that you cannot take back. 

Do Not Make an Official Statement 

Though you will have to answer questions from the police officer at the scene after a car accident, that interview is different than the “official” statement you give to the insurance company. The formal, or official, statement you make to your insurance company or the at-fault driver’s carrier will be used in all future legal proceedings, so it is important that you prepare your statement with the help of an attorney to ensure that the information you provide is comprehensive and does not undermine your case. Never say “This is my official statement” when speaking to anyone so that your comments are not interpreted as your formal statement. 

Do Not Agree to a Fault Determination 

After investigating the accident, the police may determine that one driver was entirely at fault or apportion the blame between the drivers. For example, the police report may state that one driver was 70 percent responsible while the other driver was 30 percent at fault. The insurance adjuster is likely to accept the police determination but may come to a different conclusion based on their own investigation and evidence. Your attorney will also investigate and make their own determination. Apportionment of fault is used to award damages, so a determination that you were even partially at fault can reduce your compensation. Never agree with a fault determination or sign a statement about fault without consulting your attorney. 

Do Not Provide Unnecessary Details 

When speaking to police officers, insurance adjusters, or anyone else who asks you about the accident, you should avoid oversharing or providing too much information. What may seem harmless or even helpful to you can be a crucial detail that an insurance adjuster uses to derail your claim. For example, if you are not asked how fast you were going, do not volunteer it. If you are not asked whether you were eating or texting before the crash, do not mention that you were. If you were distracted or upset about an argument with your significant other, do not share it. Do not share unnecessary details on social media either because that can be used to undermine your claim. 

Things You Should Say After an Accident 

Though many statements can hurt your claim, there are certain things you should always say or do after a car accident.  

Call the Police 

Georgia law requires drivers to call 911 immediately after a car accident that involves injuries, death, or property damage over $500. Most vehicle repairs exceed $500, and many injuries are not obvious right away, so you should call the police after any car accident just to be on the safe side. After you call the police, an officer will come to the scene to investigate, which involves gathering evidence and interviewing parties and witnesses. The police report is a key piece of evidence in building your legal claim, and the findings are persuasive to an insurance company considering a settlement. If the other driver asks to handle it privately without calling the police or notifying the insurance company, say “no” and insist on reporting the accident.  

Ask Whether Others are Injured 

You should not only seek medical attention for yourself but also check whether the other driver or passengers are hurt. If they are conscious, ask “Are you okay?” or “Are you hurt?” If they appear injured, make sure to mention it when you call 911. When the police and ambulance arrive, relay necessary details about injuries so they can receive the help they need. Asking about others’ injuries is not only the right thing to do but can help protect you legally. 

Ask for Contact and Insurance Information 

If you need to seek compensation from another driver’s insurance company, it is crucial that you collect the information necessary to file a claim. The first step is asking the drivers and passengers for their contact and insurance information, including their name, address, driver’s license number, license plate number, vehicle make and model, insurance company name, and policy number. It may be easier to ask whether you can take pictures of their license, insurance card, and vehicle with your phone. If there are eyewitnesses at the scene, ask for their contact information as well. Collecting this information will help your attorney file your claim and build your case.