• Roadside Assistance Advice

The seconds after a car accident are often filled with confusion, shock, and adrenaline. By understanding these pitfalls, you can protect yourself and ensure you are on the clearest path to recovery.

In Michigan, where 288,880  traffic crashes were reported in 2024 alone, knowing what to do—and more importantly, what not to do—can make a monumental difference in your physical and financial recovery. Your decisions at the scene and in the following days can impact your insurance claim, legal rights, and overall well-being. This article breaks down the seven most common and costly mistakes people make after a car accident in Michigan. By understanding these pitfalls, you can protect yourself and ensure you are on the clearest path to recovery.

Saying I’m Sorry or Admitting Fault

In the chaotic moments after a collision, it’s a natural human instinct to be polite or apologize. However, saying I’m sorry or It was my fault can be legally interpreted as an admission of guilt, which can seriously complicate your claim. Even if you believe you were partly to blame, there may be other factors you are unaware of, such as the other driver speeding or being distracted by their phone.

When speaking with the other driver and the police, your best course of action is to stick to the facts and describe what you saw and experienced without assigning or accepting blame. Let investigators and insurance companies determine fault based on the evidence. Remember that even police reports can contain errors, and mistakes made by the police in determining fault can significantly affect your case’s outcome.

Not Gathering Enough Evidence at the Scene

Once you’ve confirmed everyone is safe and called 911, the clock starts ticking on preserving evidence. Failing to document the scene is a critical error that can make it your word against someone else’s, weakening your position with insurance companies.

If you are physically able, use your smartphone to create a comprehensive record. Take wide-angle photos to capture the entire scene, including all vehicles involved, their positions, and any relevant traffic signs or signals. Get close-up shots of the damage to all vehicles from multiple angles and document the surroundings by photographing skid marks, debris on the road, and any weather or road conditions that may have contributed to the crash.

Be sure to exchange information with the other driver, including their name, address, phone number, driver’s license number, and insurance policy information. If there are witnesses, ask for their contact information, as their testimony can be invaluable later.

Delaying or Refusing Medical Treatment

The adrenaline rush you experience after a car accident can easily mask pain, making you feel fine at the scene only to wake up the next day with severe discomfort. Delaying a medical evaluation is a mistake for two critical reasons.

First, some injuries, like internal bleeding or soft tissue damage, are not immediately apparent but can become serious if left untreated. Injuries are a common and serious outcome of collisions. Second, insurance companies will use any delay in treatment against you, arguing that your injuries must not be serious or were caused by something else. Seeking immediate medical attention creates clear medical records that may directly link your injuries to the crash, strengthening your compensation claim.

Giving a Recorded Statement to the Insurer

The other driver’s insurance adjuster will likely contact you shortly after the accident, who, despite a friendly demeanor, is primarily focused on protecting their company’s bottom line. They will ask you to provide a recorded statement about the accident, but you are not legally obligated to do so. Adjusters typically ask leading questions to get you to say something that could be used to devalue or deny your claim. For instance, a simple I’m feeling okay can be twisted to mean you weren’t injured. The best response is politely declining and stating that you will not be providing a statement at the moment. Direct all communication through your attorney or insurance company to protect your rights.

Accepting the First Settlement Offer

Insurance companies often make a quick, low settlement offer to close a case before the full extent of your damages is known. While it can be tempting to accept this offer, especially as medical bills accumulate, doing so is almost always a mistake. This initial offer rarely covers the full scope of your losses, including future medical treatments, lost income from time off work, and compensation for pain and suffering.

Once you accept a settlement, you forfeit any right to seek further compensation for that accident, even if new injuries or complications arise later. Before signing anything, it is crucial to consult a personal injury attorney who can accurately calculate the true value of your claim and negotiate for you to make sure you receive fair compensation.

Assuming the Standard Attorney Fee is Your Only Option

When seeking legal help, many people mistakenly believe that the maximum contingency fee allowed in Michigan—33 1/3% of the settlement—is a fixed rate that every lawyer charges. This assumption can cost you a significant portion of your recovery. While this percentage is common, it is not mandatory, and you have the right to look for representation that offers a more favorable fee structure. Some firms prioritize returning more settlement money to their clients’ pockets. For example, Matz Injury Law operates on a 22% contingency fee, substantially lower than the maximum. This directly challenges the notion of a fixed standard lawyer percentage. It demonstrates that higher costs do not necessarily correlate with better service or a larger settlement. It empowers you to ask critical questions about how much of your settlement you will actually get to keep.

Not Understanding Your Rights Under Michigan’s No-Fault Law

Michigan’s auto insurance system is complex, and it’s a mistake not to understand how it affects you after an accident. As a no-fault state, your auto insurance policy is your primary source of coverage for medical and other expenses, regardless of who was at fault. This is known as Personal Injury Protection (PIP). These PIP benefits can cover a wide range of costs, including medical expenses, a percentage of your lost wages, and replacement services for help with household duties you can no longer perform due to your injuries.

Failing to understand and properly file for these benefits can leave you paying for these significant expenses out of pocket. Firms specializing exclusively in auto accident cases possess the deep expertise needed to help clients navigate the complexities of the No-Fault system and maximize their benefits.

Be Ready for Anything

Navigating the aftermath of a car accident is daunting, but avoiding these common mistakes can safeguard your health and financial stability. By staying calm, gathering evidence, seeking prompt medical care, and understanding your rights, you are in the strongest possible position for a fair recovery. Remember, you don’t have to go through this alone. Being informed is your best defense against turning a bad situation into a catastrophic one.