Key Takeaways:
- Avoid giving a recorded statement to the insurance company before speaking with an attorney, since early statements can be used to lock you into details.
- Don’t post about the accident on social media or accept a quick settlement offer before your treatment is complete.
- Contacting a lawyer sooner rather than later helps protect your claim, and with Segal, Berk, Gaines & Liss, you only pay a fee after you win, so cost isn’t a concern.
Accidents can create tremendous pressure on injured individuals. From mounting medical debt and missed paychecks to aggressive insurer tactics and strict legal deadlines, accident victims must weigh the desire for maximum compensation against the personal need for settlement.
It’s not a unique situation, and without a guarantee of a favorable outcome, an expedited timeline, or even restitution, it’s easy to see why so many people intentionally withdraw their claims or self-sabotage early. But this doesn’t have to be your experience.
By learning what not to do after an accident, you can protect your claim, even in the face of mounting pressure. This protection starts with recognizing where others usually go wrong and avoiding those same mistakes.
No Win, No Fee
A personal injury claim is a civil law matter. Many people take that understanding of a personal injury and assume they don’t need an attorney. In some cases, such as minor claims, that assumption might be true, but for severe or high-stakes claims, it’s usually best to hire an attorney who knows how to handle a personal injury case. Unfortunately, fear of upfront legal costs often causes victims to hesitate.
Segal, Berk, Gaines & Liss believes cost should never interfere with securing legal counsel early in a personal injury claim. Initial consultations are always free, and the firm works on a no-win, no-fee basis, you only pay a fee after you win. With that initial financial barrier removed, you can secure legal counsel who can teach you what not to do after a personal injury accident.
Don’t Give a Recorded Statement Right Away
Insurance adjusters often ask for recorded statements, framing the request as routine or even mandatory to “speed up” the claims process. Understanding personal injury law helps you push back: in Pennsylvania, you’re not legally required to give a recorded statement to an at-fault party’s insurer.
The purpose of an early recorded statement is to lock you into a narrative before you know how to handle a personal injury case. Adjusters often call or visit within 24 to 48 hours of an accident, when many victims are still reeling from shock, hoping you’ll stumble over accident details, like speed or distance.
Early recordings are also an example of what not to do after an accident because they mean that hidden or delayed injuries aren’t part of your initial claim. While the injuries were present and a result of the accident, the fact that an earlier recorded statement didn’t reveal them becomes ammunition for the insurer. They can claim that you’re fabricating injuries to increase potential settlements.
The takeaway is that insurance adjusters aren’t your friends. They are employees or contractors working with an at-fault party’s insurer. Their job is to minimize financial damages, and they will often do so by using early recorded statements.
Don’t Post About the Accident on Social Media
Like recorded statements, social media is similarly problematic when you understand personal injury law. Posting, liking, and tagging are all examples of what not to do after an accident because insurance adjusters and defense lawyers actively monitor your social media activity looking for anything that may undermine your claims, including posts that:
- Contradict your injuries: If you claim severe back pain but post a photo of you carrying groceries or holding your child, the defense will use it to argue you’re fabricating symptoms.
- Admit or hint at fault: A post stating something as simple as, “I just didn’t see them coming,” can be legally framed as an admission of partial fault when you know how to handle a personal injury case. In PA, a modified comparative negligence state, partial fault is sometimes enough to limit significant damages.
- Undermine non-economic damages: For a claim seeking compensation for emotional distress, anxiety, or loss of enjoyment of life, social media is especially detrimental. Adjusters and defense lawyers will look for pictures of you out with friends or participating in hobbies to prove your mental well-being is intact.
If you must use social media after an accident, do not post publicly. Maximize privacy settings on all platforms and don’t accept new friend or follower requests. Also, ask your loved ones to avoid posting photos of you, discussing your accident, and tagging you in any updates until the claims process is resolved.
Don’t Settle Before Your Treatment Is Complete
Just as patience and control matter online, they matter even more when an insurer puts money on the table. Understanding personal injury claims starts with knowing that two of the biggest mistakes — settling too early and skipping treatment — are often connected.
After a personal injury accident, do not accept the first settlement offer. The initial offer is likely low, and given that insurers usually make it within days of the incident, it often ignores damages for hidden or delayed injuries.
An attorney who knows how to handle a personal injury case knows that waiting until after treatment, including rehabilitation and follow-ups, is the best way to quantify long-term damages. It’s also the most reliable way to determine the scale of financial liability.
Don’t Miss Your Window To File a Claim
One of the most overlooked examples of what not to do after an accident is simply waiting too long to act. In most cases, Pennsylvania law gives accident victims two years from the date of their accident to file a personal injury claim. While waiting risks missing the filing deadline completely, it also means evidence disappears:
- Witnesses forget details
- Surveillance footage gets overwritten
- Scenes change or get repaired
Segal, Berk, Gaines & Liss works quickly because the firm understands personal injury claims and knows time works against you. Reach out, and you’ll speak directly to an attorney, not a paralegal, often within the same day. If getting to an office isn’t realistic given your injuries, the firm will meet you at home or set up a call over Zoom. Schedule your free consultation, and start building your claim today.
About Derek Liss, Esq.
Derek Liss, Esq., is a partner at Segal, Berk, Gaines & Liss, specializing in personal injury law.
Derek earned his Bachelor of Arts in Political Science from The George Washington University in 1991 and his Juris Doctor from Widener School of Law in 1994. He joined Segal, Berk, Gaines & Liss immediately after law school and brings 30 years of legal experience to his clients.
A member of the Philadelphia Bar Association, he practices throughout the greater Philadelphia region and is admitted to practice in the courts of Pennsylvania and the U.S. District Court for the Eastern District of Pennsylvania.
