What Mistakes Should I Avoid After a Car Accident?

The mistakes you avoid after a car accident can be just as important as the actions you take. A single misstep can weaken your insurance claim, jeopardize your financial recovery, or jeopardize your legal rights. That is why having the right guidance early on makes a significant difference.

At Studinski Law, LLC, we understand how overwhelming the aftermath of a crash can feel. Our Wisconsin car accident attorneys are dedicated to protecting injured drivers and their families throughout the state. We take a hands-on approach to every case, digging deeper into the facts, gathering stronger evidence, and pushing back harder against insurers who want to undervalue your claim. We do more so you get more, and that starts with helping you avoid the common mistakes after a car accident that can damage your case before it even begins.

Mistake 1: Leaving the Accident Scene Too Soon

Wisconsin law requires drivers involved in a crash that causes injury, death, or damage to an attended vehicle to stop, provide identifying information, offer reasonable aid, and remain at the scene long enough to fulfill these duties. Even in minor crashes with no visible injuries or minimal vehicle damage, failing to stop can still qualify as a hit-and-run offense.

Mistake 2: Not Calling Law Enforcement After the Accident

Remaining at the crash scene but not notifying the police can be a damaging mistake after a car accident. Under Wisconsin law, drivers must report an accident to law enforcement when the crash results in injury, death, or property damage that meets the state’s reporting thresholds, which includes injury or death, $1,000 or more in damage to any person’s vehicle or property, or $200 or more in damage to government-owned property.

While it is not required for every minor fender bender, not having a police report can weaken your ability to prove fault. Police reports create an official, time-stamped record of the incident, which becomes critical evidence in disputed liability cases and insurance negotiations.

Mistake 3: Delaying Medical Attention

Even if you think you feel okay at the accident scene, delaying or denying medical care can risk your health and your legal claim. Many injury symptoms, such as whiplash, internal injuries, or concussions, don’t show up for hours or even days after a crash. When you wait to seek medical attention, it creates a gap in your medical timeline that insurance companies are quick to question. They may argue that your injuries existed already, weren’t serious or related to the accident, or didn’t occur at all. In legal terms, this gap weakens the causation that proves the at-fault party’s negligence.

Mistake 4: Failing to Document Medical Treatment

Even if you did seek prompt medical attention, failing to properly document your accident-related treatments can be a serious mistake after a car accident.

Receiving emergency care but not following up, missing appointments, or losing prescriptions and rehab records can significantly harm your claim. Insurance companies rely heavily on injury documentation to evaluate the cause, extent, and duration of your injuries. 

Mistake 5: Apologizing and Admitting Fault 

In the immediate aftermath of a car accident, it may feel instinctive to apologize and admit fault. Do not do this. Avoid saying things like “I didn’t see you” or “I’m sorry.” Although you may just be trying to be polite, these comments may be interpreted as admissions of fault under Wisconsin negligence law, even if you weren’t actually responsible.

Statements made at the scene can be remembered by witnesses and noted in police reports. Insurance companies or defense attorneys may use your words to shift blame or minimize your compensation.

Mistake 6: Talking to the Insurance Company Alone

After a collision, you will likely be contacted by your insurance adjuster as well as the at-fault driver’s to provide a recorded statement. You are generally not obligated to do so. It’s important to understand that Insurance adjusters are not on your side, and that disclosing too much information to them can be one of the biggest mistakes after a car accident. They use casual conversations to downplay injuries, shift blame, or get you to make statements that can later be used against you. They often ask leading questions and make lowball settlement offers before the full scope of injuries is known. 

Mistake 7: Ignoring Physical or Digital Evidence at the Scene

In Wisconsin, liability depends on provable facts. If you are physically capable, car accident scene evidence should be collected and preserved promptly. Strong evidence can include:

• Physical evidence: This can include pictures of road hazards, skid marks, debris, and vehicle damage
• Digital evidence: This can include video, photographs, videos, nearby surveillance, and dashcam footage
• Testimonies: This can include eye-witness contacts and statements

Mistake 8: Posting on Social Media About the Accident

Attorneys and insurance companies often search for anything that contradicts your statements about the crash or your injuries. Even a seemingly harmless social media update, such as a check-in or a smiling picture, can be used by an insurance company to argue that your injuries aren’t as serious as you claimed.

Always assume that your social media posts will be scrutinized, screenshotted, and used against you. It’s safest to limit your activity or stay offline until your case is resolved.

Mistake 9: Taking the First Settlement Offered

Accepting a lowball settlement is a big mistake after a car accident. Insurance companies know you are under pressure after a crash. That is why early settlement offers are usually much lower than what your case is actually worth. Once you accept a settlement, you cannot go back and ask for more, even if your injuries turn out to be more serious than you first realized.

Mistake 10: Trying to Handle Everything Yourself

Car accident claims can get complicated quickly. An experienced personal injury lawyer can:

• Deal with the insurance company for you
• Gather important evidence, including police reports, medical records, and witness statements
• Work with experts when needed
• Identify all sources of compensation
• Make sure your case is filed on time
• Advocate for you in negotiations or in court

When you have a legal team looking out for you, you can focus on your recovery while they work to protect your rights.

Mistake 11: Waiting Too Long to Take Legal Action

Delaying legal action after an accident in Wisconsin can cost you your right to seek compensation, no matter how strong your case may be (different deadlines can apply in certain circumstances, but the general rule is three years).

Beyond legal deadlines, waiting too long weakens your case in other ways. Evidence fades, witnesses become harder to locate, and insurance companies may interpret long delays as a sign that your injuries were minor or not caused by the crash, which can reduce your negotiation leverage.

Talk to a Wisconsin Car Accident Lawyer for FREE

If you were injured in a crash, we encourage you to contact a Wisconsin car accident lawyer at Studinski Law, LLC for a FREE and confidential consultation. Our firm has the experience, resources, and history of success you can trust. We do more so you get more.

Contact Studinski Law LLC today online or at  (715) 343-2850 for a FREE case evaluation. We proudly serve clients in Marshfield, Plover, and all areas of Wisconsin.