12 accident claim mistakes, and what to do instead
Most claims aren't lost in court. They're weakened in the first few weeks by small, avoidable mistakes. Here are the twelve we see most, each with the fix and the law behind it.
The costliest mistakes are missing a deadline, letting evidence disappear, delaying treatment, posting online, signing broad forms or a release too early, and not checking every policy that could pay. Each one has a simple fix below.
1. Missing the deadline to sue
If you don't start a court case in time, the claim is usually lost however strong it is.
Do this instead: Look up the general period where the accident happened, then confirm exceptions with a local lawyer well before it runs out. Deadline checker.
Source: Limitation Act 1980, s. 11 (England and Wales) · checked 4 November 2026
2. Not reporting the accident when the law requires it
Many places make reporting certain accidents a legal duty, and a missing report also leaves a gap in your evidence.
Do this instead: Report injury crashes to the police as required and get the report or reference number. How to get a report.
Source: Road Traffic Act 1988, s. 170 · checked 4 November 2026
3. Waiting to see a doctor
Gaps between the accident and treatment give the insurer a reason to say something else caused your symptoms.
Do this instead: Get checked promptly, describe every symptom, and go back if things get worse. Soft tissue injury.
Source: NHS: Whiplash · checked 4 November 2026
4. Letting video and vehicle data disappear
Camera footage is often recorded over within days, and courts can penalise a party that fails to keep electronic evidence.
Do this instead: Send a written preservation request to anyone who may hold footage or data, as soon as you can. Preservation letter template.
Source: Fed. R. Civ. P. 37(e) · checked 4 November 2026
5. Missing the notice deadline on your own policy
Benefits under your own policy can have much shorter deadlines than a lawsuit. In Michigan, for example, a no-fault benefits action generally must start within a year unless written notice is given.
Do this instead: Tell your own insurer about the accident straight away and ask in writing for every deadline that applies. First-party claims.
Source: MCL 500.3145 · checked 4 November 2026
7. Signing a blanket medical authorization
A broad form can let an insurer read your whole medical history, not just records about this injury.
Do this instead: Read what the form covers and when it expires. Offer records for the relevant period and body parts instead. Medical records.
Source: 45 CFR 164.508 (HIPAA authorizations) · checked 4 November 2026
8. Settling before you know how bad the injury is
A settlement usually ends the claim for good, even if your health gets worse later.
Do this instead: Wait until your doctors can describe your recovery. In England and Wales, ask whether provisional damages fit a risk of serious deterioration. Maximum medical improvement.
Source: Senior Courts Act 1981, s. 32A · checked 4 November 2026
9. Not checking every policy that could pay
The other driver may carry only the legal minimum, which may not cover a serious injury.
Do this instead: Find the minimum limits where the crash happened, then check your own uninsured or underinsured motorist cover. Minimum limits by state.
Source: Cal. Veh. Code § 16056 (example) · checked 4 November 2026
10. Arguing about fault, or apologising, at the scene
What you say at the scene can end up in the police report and the insurer's file. Some places protect apologies by law, but not all do.
Do this instead: Stick to facts, check that everyone is safe, and exchange details. Leave fault for later. Fault.
Source: Apologies (Scotland) Act 2016, s. 1 · checked 4 November 2026
11. Signing a fee agreement you haven't read
The percentage, how costs are deducted and what happens if you lose all change how much you keep.
Do this instead: Get the agreement in writing, ask for a sample settlement statement, and run the numbers. Contingency fee calculator.
Source: ABA Model Rule 1.5(c) · checked 4 November 2026
12. Missing a short government claim deadline
Claims against cities, states and public bodies often need a formal notice much sooner. In California, an injury claim against a public entity must be presented within six months.
Do this instead: If a public vehicle, road or building was involved, find the notice rule straight away. Statute of limitations.
Source: Cal. Gov. Code § 911.2 · checked 4 November 2026
Please note: We're not a law firm and no lawyer has reviewed this page. What you read here is general information, not legal advice.
6. Posting about the accident online
Posts, photos and messages are electronically stored information, and the other side can ask to see them.
Do this instead: Don't post about the accident or your injuries, and don't delete what's already there. Ask a lawyer what to do. Discovery.
Source: Fed. R. Civ. P. 34 · checked 4 November 2026