After an accident, most people don't intentionally harm their case—they just don't realize how easy it is to do so.
Insurance companies know this. Many claim denials and low settlements aren't based on what happened in the accident, but on avoidable mistakes made afterward.
Here are some of the most common errors that quietly reduce the value of injury claims in California.
Waiting Too Long to Get Medical Care
Delaying medical treatment is one of the fastest ways to weaken a claim. Even if symptoms appear days later, seeking prompt care once they do is critical.
What Insurance Companies Argue:
- The injury wasn't serious
- The injury wasn't caused by the accident
- Something else must have happened
Downplaying Symptoms
Many people tell doctors or adjusters they're "fine" or "getting better" to be polite or optimistic. Unfortunately, those statements often end up in medical records or claim notes.
Once documented, minimizing statements can be used to minimize pain, suffering, and long-term impact. Be honest about your symptoms—always.
Giving Recorded Statements Too Early
Insurance adjusters may ask for a recorded statement "just to get the facts." These recordings are often used to:
Lock in incomplete information
Highlight inconsistencies
Suggest partial fault
Undermine later medical findings
You are not required to give a recorded statement to the other party's insurer. Consult an attorney first.
Posting on Social Media
Photos, check-ins, or casual posts can be taken out of context. Even innocent content may be used to argue you weren't really injured or were exaggerating symptoms.
Vacation photos or social events
Used to claim you're not really injured
Physical activities or exercise
Suggests you're exaggerating limitations
Check-ins and status updates
Shows you resumed normal activities
Insurance companies and defense attorneys routinely review social media during claims. Assume everything is being watched.
Failing to Preserve Evidence
Evidence disappears quickly. Once lost, it often can't be recovered—and that loss can significantly reduce leverage.
Vehicle Damage
Photos before repairs are made
Video Footage
Dash cams or surveillance that may be deleted
Witness Information
Contact details for people who saw what happened
Damaged Items
Clothing, equipment, or personal belongings
Skipping or Stopping Treatment Early
Gaps in care or stopping treatment before recovery gives insurers an opening to argue the injury resolved quickly or wasn't necessary. Consistency matters more than perfection.
What Insurers Look For:
- Long gaps between appointments
- Cancelled or missed sessions
- Treatment stopped before doctor released you
- Failure to follow medical advice
Accepting the First Settlement Offer
Early settlement offers are usually designed to close the claim cheaply. Once accepted, settlements are final—even if injuries worsen.
Ignores Future Medical Care
Ongoing treatment costs aren't accounted for
Ignores Lingering Symptoms
Pain that develops or worsens over time
Ignores Pain and Suffering
Non-economic damages are minimized or excluded
Ignores Lost Earning Potential
Long-term career impact isn't considered
Assuming Fault Automatically Bars Recovery
California uses a comparative negligence system. Even if you were partially at fault, you may still be entitled to compensation. Many people walk away unnecessarily after being told they "share blame."
Waiting Too Long to Get Legal Advice
Consulting an attorney doesn't mean filing a lawsuit—but waiting too long can allow evidence to disappear, miss critical deadlines, and weaken negotiating power.
Preserve Evidence
Attorney knows what to save
Meet Deadlines
Statutes of limitations matter
Stronger Negotiations
Insurance takes you seriously
The Bottom Line
Personal injury claims are rarely lost because of what happened during the accident. They're lost—or undervalued—because of what happens afterward.
Knowing what not to do can be just as important as knowing your rights. Avoiding these common mistakes can help protect both your recovery and the true value of your claim.