After an auto accident, you’ll have to speak to the other driver, the police officer dispatched to the scene, and a representative from your insurance company when you report the accident. But you also may speak to witnesses, paramedics, a doctor, an adjuster from the other driver’s insurance company, a lawyer, and more.

Every conversation you have about your accident can potentially be used against you if you decide to file an injury claim or sue the other driver. That’s why it’s extremely important to stick to the facts of what happened and avoid speculating. Sadly, many otherwise valid claims have been reduced and even denied because of verbal mix-ups in the minutes, hours, and days after crashes.

To protect your rights to compensation, here are things you should say after a crash—and things you should NEVER say.

You SHOULD Say You’re Calling 911

Never let another driver talk you into not calling 911 after a crash. Even if the damage looks minor, it may later be revealed that the damage to one or both vehicles was significant. In addition, injuries aren’t always obvious, and some take hours or days to show up or be more expensive to treat than the injury victim initially assumes.

If you leave the scene of a crash without calling 911 or waiting for police to arrive, you not only may lose your chance to get compensation, but you also may be charged with leaving the scene of an accident. Stay at the scene until a police officer arrives and speaks to you and the other driver.

You SHOULDN’T Say “Sorry” or Admit Fault

It’s human nature to be concerned for the well-being of other people, especially when they’re involved in an auto accident with you. And many people assume that they must have done something wrong when another vehicle collides with theirs. But saying “sorry” or claiming fault immediately after a crash can be extremely harmful to your claim.

To many insurance adjusters and even juries, the word “sorry” is an admission of guilt. If you’re recorded on a dashcam or by the responding police officer saying “sorry” after a crash, it can and likely will be used against you if you pursue compensation.

And if you suspect that you may have caused the crash, claiming fault—even if it’s later proven you didn’t cause the crash—can end your chances of getting a settlement due to Alabama’s contributory negligence law.

You SHOULD Say That You Need Contact Information

Never let the other driver leave the scene without getting their name, phone number, driver’s license number, and auto insurance information. If you suspect that they may leave the scene without giving you this information or before police arrive, take a picture of them, their vehicle, and their license plate number before they leave.

You should also ask for contact information from witnesses and even the responding police officer, including their name, badge number, and the agency they represent, which could be the local police force, sheriff’s office, or state highway patrol. Having this information on hand can help you track down the accident report if you decide to file a claim.

You SHOULDN’T Say “I’m Fine” or “I’m Okay”

Auto accidents can be frightening and stressful. It’s common for victims to experience huge surges of adrenaline and even go into shock. These reactions can mask the pain and immobility of certain injuries in the immediate aftermath of an auto accident. Because of this, it’s common for victims to tell other drivers, police officers, emergency responders, insurance adjusters, and even their own doctors that they’re okay.

First impressions count, and if the people writing up the crash report, diagnosing your injuries, or recording your crash for insurance purposes believe you aren’t injured, it can be difficult to “correct the record” later on and convince them otherwise. Always assume that you’re injured after a crash and avoid saying you aren’t—and always see a doctor, even if you think you’re okay! Some injuries that seem minor and like they might heal on their own over time end up needing surgery to treat, and you don’t want to be left on the hook for those expenses when your injury wasn’t your fault.

How to Handle Conversations With Police Officers

After an auto accident, you should interact carefully with the responding police officers to ensure an accurate accident report and to protect your interests. Here are some tips on how to communicate with the police officers at the scene:

1. Stay Calm and Polite:
   • Why: Staying calm and polite helps you communicate clearly and ensures a positive interaction with the officers.
   • How: Take deep breaths, speak slowly, and remain respectful, even if you’re upset or stressed.
     
2. Stick to the Facts:
   • Why: Providing factual information helps create an accurate accident report. Speculating or offering opinions can lead to misinterpretations.
   • How: Describe what happened using specific details. Avoid saying things like “I think” or “maybe.”
     
3. Do Not Admit Fault:
   • Why: Admitting fault can negatively impact your insurance claim and potential legal case. Determining fault is the job of the police and insurance companies.
   • How: Focus on describing the events without assigning blame. For example, say “The other car hit me” instead of “I must have missed the stop sign.”
     
4. Provide Necessary Information:
   • Why: Officers need certain information to complete their report and help with the investigation.
   • How: Give your name, driver’s license, registration, and insurance details when asked. If you have any passengers, provide their names and contact information as well.
     
5. Request a Copy of the Accident Report:
   • Why: The accident report is a crucial document for your insurance claim and any legal action you may take.
   • How: Ask the officer how and when you can obtain a copy of the report. Write down any reference number or contact information provided.
     
6. Ask for the Officer’s Contact Information:
   • Why: Having the officer’s contact information can be helpful if you need to follow up or clarify any details later.
   • How: Politely ask for the officer’s name, badge number, and the agency they represent (e.g., local police, sheriff’s office, state highway patrol).

How to Protect Your Privacy on Social Media

After a car accident, protecting your privacy on social media helps safeguard your injury claim and avoid providing unintended evidence that could be used against you. Here’s how to manage your social media presence:

1. Avoid Posting About the Accident:
   • Why: Anything you post about the accident can be used as evidence by insurance companies or opposing legal teams to undermine your claim.
   • How: Refrain from sharing details, photos, or updates about the accident, your injuries, or your recovery process.
     
2. Adjust Your Privacy Settings:
   • Why: Tightening your privacy settings limits who can see your posts and personal information, reducing the risk of unwanted scrutiny.
   • How: Go to the privacy settings on your social media accounts and set your profile to private. Limit who can see your posts to close friends and family only.
     
3. Be Cautious About New Friend Requests:
   • Why: Opposing parties might try to gain access to your personal information by sending friend requests.
   • How: Only accept friend requests from people you know and trust. Review your friends list and remove any contacts you’re unsure about.
     
4. Monitor Tagged Photos and Posts:
   • Why: Photos and posts that others tag you in can also be scrutinized and used against you.
   • How: Adjust your settings to review tags before they appear on your profile. Un-tag yourself from any posts or photos that could be misinterpreted.
     
5. Be Mindful of Comments and Interactions:
   • Why: Comments you make on others’ posts and interactions with friends can also be monitored.
   • How: Avoid discussing the accident or your injuries in comments or private messages. If necessary, communicate about these matters offline.
     
6. Educate Friends and Family:
   • Why: Friends and family might inadvertently share information about your accident or condition that could harm your claim.
   • How: Let your close contacts know about your situation and ask them not to post or comment about the accident or your injuries.

We Can Help Manage Communication After Your Crash

The fact that your own adrenaline and shock-fueled words can potentially jeopardize your chances of getting much-needed and much-deserved compensation later, regardless of how the crash happened, isn’t fair. But it is reality. And unfortunately, that risk continues long after you’ve left the crash scene and are dealing with both your and the other driver’s insurance company.

When you call The Vance Law Firm Injury Lawyers, you get a legal advocate that not only will help you build your injury claim, but will also handle all communication on your behalf. That means you’ll never have to worry about saying the wrong thing and hurting your claim. Instead, you’ll be able to focus on getting better while we handle the back-and-forth. Contact our Montgomery auto accident lawyers today for a free consultation.

Originally published January 31, 2022.