After the Crash: 5 Mistakes That Can Hurt Your Case (and What to Do Instead)

James

If you’re listening right now, it probably means something unexpected just happened. Maybe you were in a car accident. Maybe someone you care about was. Either way—first, let’s say this: we’re sorry. It’s scary. It’s overwhelming. And it's totally normal to feel unsure about what to do next.

Emily

Yeah—your head is spinning, your adrenaline was off the charts, and the last thing you were thinking about in that moment was how something you said could impact a potential legal case down the road.

James

But this is exactly what we want to share with you—it can. Those first few moments, hours, even days after a crash can have a big impact on your recovery, your finances, and your future.

Emily

The good news? There are things you can do to protect yourself. And we’re not just going to tell you what not to do—we’re going to walk you through the simple steps you can take, even if you're not ready to talk to a lawyer yet.

James

Alright—let’s get into it. Mistake number one: saying “I’m sorry” at the scene of an accident.

Emily

Oof. This one’s tough, because it’s human nature, right? You’re shaken up. You might feel bad for the other driver, even if it wasn’t your fault.

James

It’s human. But the problem is that those words can be twisted later to suggest that you were responsible for the crash. And that can hurt your case.

Emily

Instead, try saying something like: “Are you okay?” or “Let’s let the police handle it.” That way, you’re showing concern without taking the blame.

James

Be calm. Be kind. But keep your comments neutral. And definitely don’t try to figure out who was at fault right there on the side of the road.

Emily

Mistake number two: not calling the police. We hear this a lot—“The other driver seemed nice,” or “they asked if we could handle it privately, or “It didn’t seem like a big deal.”

James

I understand how that could happen but no matter how minor the accident seems, getting an official police report is critical. It’s your proof of what happened. Without it, you’re relying on someone else’s word against yours.

Emily

Call 911 and ask for the police to come. And if the police can’t come, make sure you take photos and exchange contact info with everyone involved, including witnesses. Now, if the police were not called immediately after an auto crash (or if they were unable to respond to the scene), motorists can report auto accidents in the hours or days after the crash to the South Carolina DMV. To file these accident reports, it will be necessary to complete Form-309 (a Traffic Collision Report Form), and mail it to the SCDMV within 15 days of the crash. Unfortunately, there isn’t currently an online reporting system for South Carolina auto accidents.

James

In South Carolina, if anyone’s hurt or there’s over $1,000 in damage, you’re actually required to report it. And knowing how expensive it is to fix cars these days, it’s pretty easy to get to that number. So don’t skip this step.

Emily

Alright, mistake number three: skipping immediate medical care.

James

You were on your way somewhere, right? Maybe you’re still in a rush to get there. Maybe you feel fine. Or maybe you want to go home and sleep it off. But injuries—especially things like whiplash or concussions—can take a day or two to show up. It’s the sneaky stuff under the surface that can take a while to appear.

Emily

Here’s what you should do within 24 to 48 hours:Get checked out—urgent care, ER, or your primary doc.Tell them it was a car accident.Be super detailed about any pain or symptoms, even if they seem minor.

James

We’re going to cover this in a future episode and provide guidance for how an accident victim should handle their medical care. But for now, make sure you are specific when you are discussing your condition with medical personnel. Don’t make any assumptions about what they would obviously know or see. Oh, and remember to save everything. Bills, prescriptions, appointment notes—it might feel like overkill, but this paperwork can support your case later.

Emily

Pro tip? Grab a folder or use a notes app to keep track of every single document or cost related to your accident. You’ll thank yourself later.

James

Alright, mistake four: talking to the other driver’s insurance company before you’re ready.

Emily

This one sneaks up on people. The adjuster might sound nice, even concerned, but remember, their job is to settle fast and for as little as possible. They are professionally trained for this moment.

James

If they call, you can say: “I’m still receiving medical treatment and not ready to make a statement at this time.” That’s it. You don’t owe them anything beyond that.

Emily

And just to be clear: Don’t guess what happened. Don’t minimize your injuries. Don’t respond to any hypotheticals. And definitely don’t agree to a recorded statement without legal guidance.

James

Mistake number five: posting about the accident on social media.

Emily

This one’s so common—and so risky. Even something harmless like “Feeling better already!” can be twisted to downplay your injuries.

James

Insurance companies do check your social media feeds. Defense lawyers, too. We will probably do a separate episode on this topic , since social media is EVERYWHERE and we all love to overshare.

Emily

So, until your case is wrapped up, make sure your profiles are set to private. Don’t post photos, check-ins, or updates. Ask friends and family not to tag you in anything related to the accident.

James

When in doubt, go quiet online. You’ll have time to tell your story later, on your terms.

Emily

Okay, let’s wrap it up with a simple checklist:

James

At the Scene: Stay calm. Don’t admit fault. Call 911 and get a police report. Take photos and gather contact info.

Emily

Within 24 to 48 Hours: See a doctor or a medical professional, even if you feel fine. Be detailed and honest about symptoms. Save everything.

James

In the Days That Follow: Don’t speak to the other driver’s insurer alone and stay off social media, or at the very least don't post anything about the accident.

Emily

Look, nobody plans for an accident—but knowing what not to do, and what to do instead in the moments after, can give you back some control.

James

And remember—you don’t have to figure it all out on your own. Take it one step at a time. The team at Bannister, Wyatt & Stalvey is here to help if and when you need it.