Common Mistakes People Make After a Car Accident (and How to Avoid Them)

Tommy House • January 1, 2026

A practical guide to avoiding the errors that often weaken personal injury claims after a car wreck in Alabama.

Man on phone after a car accident, holding his neck while two vehicles are damaged in a rear-end collision

A car accident can leave anyone shaken and unsure of what to do next. Unfortunately, the decisions made in the minutes, hours, and days after a crash can significantly impact your ability to recover compensation. Understanding what to do after a car wreck—and what not to do—is crucial, especially in a state like Alabama where the contributory negligence rule can bar recovery if you’re found even slightly at fault.


This guide outlines the most common mistakes people make after an accident and how to avoid them. Following these steps can help protect your legal rights and strengthen your claim. For personalized guidance, consulting a personal injury attorney in Montgomery, AL can make a significant difference.


1. Admitting Fault at the Scene


One of the most damaging mistakes is saying anything that could be interpreted as admitting fault. Even polite statements like “I’m sorry” may later be used against you.


Why This Matters in Alabama:


Alabama follows a strict contributory negligence standard. If you are found even 1% at fault, you may lose the right to recover compensation. Because of this, avoid discussing fault with the other driver or their insurer.

How to Avoid This Mistake:

  • Stick to facts when speaking to police.

  • Do not comment on responsibility.

  • Avoid unnecessary conversations with the other driver.

2. Not Calling the Police


Some drivers prefer to “handle it themselves,” but skipping a police report can seriously hurt your personal injury claim.

Why It Matters:
A police report provides an official record of the crash, which helps establish what happened, who was involved, and whether any citations were issued.

What to Do:

  • Call law enforcement after any collision involving injury or significant damage.

  • Request a copy of the accident report for your records.

3. Delaying or Skipping Medical Care


Many victims assume they’re fine, only to experience symptoms later. Delaying treatment can weaken your case and make it harder to link injuries to the accident.

Why It Matters:

  • Medical records serve as key evidence.

  • Insurance companies may argue your injuries are unrelated if you wait too long.

How to Avoid This:

  • Visit a doctor immediately after the crash.

  • Follow all treatment plans and keep copies of medical reports.

4. Giving a Recorded Statement to the Insurance Company Too Soon


Insurance adjusters often reach out quickly after a wreck. Their questions may seem routine, but statements taken early can be used to reduce or deny your claim.

Why It Matters:
Insurance companies are trained to minimize pay-outs. They may twist your words or highlight inconsistencies later.

Best Practice:

  • Do not give a recorded statement without legal guidance.

  • Tell the adjuster you prefer to speak through your attorney.
    A
    personal injury attorney in Montgomery, AL can handle all communication to avoid mistakes.

5. Accepting a Quick Settlement Offer


After a car wreck, victims may face medical bills and pressure to settle quickly. But early offers rarely reflect the full value of the claim.

Risks of Accepting Too Soon:

  • You may not yet understand the long-term impact of your injuries.

  • Once you accept a settlement, you cannot request more later.

Avoid This Mistake:

  • Do not accept the first offer.

  • Have an attorney review the settlement before signing anything.

6. Failing to Gather Evidence


Evidence is strongest immediately after the accident. Without it, proving your injuries and damages becomes harder.

What Victims Often Forget to Capture:

  • Photos of the scene

  • Videos of vehicle damage

  • Contact information for witnesses

  • Weather and road conditions

How to Avoid This:
Whenever safe, document as much as possible. If you're unable to gather evidence at the time, your attorney may help obtain nearby camera footage or additional proof later.


7. Not Following Doctor’s Orders


Missing appointments, stopping treatment early, or ignoring medical recommendations can damage your claim.

Why It Matters:
Insurers may argue that your injuries are not serious or that you contributed to worsening your own condition.

How to Avoid:

  • Attend appointments consistently

  • Keep medical records organized

  • Communicate openly with your doctor about symptoms

8. Not Contacting a Personal Injury Attorney


Many accident victims try to handle claims alone but later discover how complex the process can be—especially under Alabama’s strict negligence laws.

How an Attorney Helps:

  • Investigates the accident

  • Protects you from fault allegations

  • Negotiates with insurers

  • Helps you avoid personal injury claim mistakes

  • Ensures deadlines and legal requirements are met

A personal injury attorney in Montgomery, AL can guide you through each step and protect your rights.

Frequently Asked Questions (FAQ)


1. What should I do immediately after a car wreck in Alabama?

Call the police, seek medical care, document the scene, and notify your insurance company. Avoid admitting fault or giving detailed statements to the other driver’s insurer.


2. Can a small mistake really affect my personal injury claim?

Yes. Under Alabama’s contributory negligence rule, even a minor mistake or small degree of fault can prevent you from recovering compensation.


3. Do I need an attorney for a minor accident?

Even for smaller accidents, an attorney can help protect you from fault allegations and ensure your claim is handled correctly—especially if injuries appear later.


4. How long do I have to file a personal injury claim after a car accident in Alabama?

In most cases, Alabama’s statute of limitations for personal injury is two years from the date of the accident.


5. Should I speak to the insurance adjuster?

You should report the accident, but avoid giving recorded statements or detailed explanations without speaking to an attorney.


Final Thoughts


Avoiding common mistakes after a car accident can make a significant difference in the outcome of your personal injury claim. Knowing what to do—and what not to do—helps preserve evidence, protect your rights, and strengthen your case. If you were injured, contacting a personal injury attorney in Montgomery, AL early in the process can help ensure you take the right steps from day one.

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