After an accident, the other party may try to blame you, even if you were clearly not at fault. It is critical to not say anything that can be used against you if your statements are taken out of context. When injured, protect your financial recovery by saying as little as possible and hiring a New Mexico personal injury lawyer.
This post covers some of the things that you should never say after an accident. While the list is not exhaustive, it provides helpful insight regarding post-accident conduct.
1. “I’m so sorry.”
Although it may be second nature to apologize after a severe accident, avoid apologizing. Your apology could be construed as a guilty admission. Even if that is not the message you want to express, the other party may try to take it that way.
Do not apologize. Instead, ask the other driver if he or she is okay. This response shows concern for the other person without admitting anything.
2. “I’m okay.”
While some injuries may be more apparent than others, they can take several hours, days, or weeks to appear. You may not know that you are injured.
Visit a doctor as soon as possible, even if you are not in any physical pain. Do not make any statements that indicate you are in good health.
3. “I think…”
When it comes to an accident, the less you say, the better, especially when it comes to conjecture. If you are starting a sentence with “I think,” then you indicate two things. First, it can seem like you were not paying attention, and second, your opinion can become a matter of fact.
Instead, always answer a question with, “I don’t know” if you are unsure of something. This standard applies to any guesses related to speed, distance, and cause.
4. “It was my fault.”
Admitting fault is the last thing you ever want to do at an accident scene. Even if you think there is an apparent fault, do not admit anything. You do not know all of the facts and circumstances surrounding your accident amid the chaos and confusion.
Establishing fault is something that police, insurers, lawyers, and, potentially, courts decide. Your top priority is exchanging information, seeking medical attention, and rendering aid if necessary.
5. “Let’s not involve insurance or police.”
While New Mexico laws do not state that you have to report an accident to your insurance company, severe accidents will require law enforcement involvement. By soliciting no insurance or police involvement, these statements could be used against you in some capacity.
6. “That’s my formal statement.”
After an accident, you will face an onslaught of questions. Your responses will be used as evidence in case you decide to negotiate a higher settlement amount. Making a “formal statement” at the accident scene can lead to a settlement denial in the future.
Again, you do not know the circumstances surrounding the accident’s cause. Avoid making formal statements or signing documents that indicate as such.
7. “What is wrong with you?”
In an accident’s aftermath, it is normal to feel frustration and anger. However, do not go at the other driver looking for a physical or verbal fight. Doing so can only make a bad situation even worse.
8. “I don’t have a lawyer.”
Even if you do not currently have a lawyer, avoid making people aware of this fact. If the insurer asks you about legal representation, offer them the attorney’s name and contact info representing your case. For individuals who do not have one, inform them that you are considering your options; it is your right.
For more information about what tactics insurance companies use, check out my article, “5 Misleading Things an Insurance Adjuster Might Say After an Accident.”
Bottom Line: Get a Free Consultation with a Personal Injury Lawyer
Several missteps can occur during a car accident injury case. A New Mexico personal injury attorney will ensure that you avoid them while negotiating a settlement on your behalf.
Grano Law Offices, P.C. offers a Free Case Evaluation to injury victims and their loved ones. This opportunity is a no-cost, no-obligation discussion to help you better understand your legal options.
Request Your Free Case Evaluation Now
My firm understands that bad things happen to good people every day. Call (505) 426-8711 to request your Free Case Evaluation with my legal team now. You are also welcome to message us through the contact form at the bottom of this page.
