A car accident happens in seconds. The legal consequences can last for years. And in Virginia, Maryland, and Washington, D.C., the decisions you make in the hours and days following a crash can have an enormous impact on your ability to recover compensation for your injuries.
At Rowe Weinstein & Sohn, our personal injury attorneys have spent over 25 years representing accident victims throughout the DMV area. We have seen the same preventable mistakes derail otherwise strong cases again and again. Here are the five most common — and what you should do instead.
Pitfall 1: Giving a Recorded Statement to the Insurance Company
In the immediate aftermath of a crash, the other driver's insurance company may call you — sometimes within hours. They will sound friendly. They will tell you it is routine. They will ask you to give a recorded statement about what happened.
Do not do it.
Insurance adjusters are trained to ask questions designed to get you to say something that reduces or eliminates your claim. You may not even realize you have said anything problematic. In the DMV area, where Virginia, Maryland, and D.C. all follow the doctrine of contributory negligence, even a small admission of fault can legally bar you from recovering a single dollar in compensation — regardless of how seriously you were injured. You are not legally required to give a recorded statement to the other party's insurer. Speak with an attorney before you speak with anyone.
Pitfall 2: Delaying Medical Treatment
After an accident, many people feel shaken but physically okay. They assume that if they were seriously injured, they would know it. This assumption is dangerous.
Some of the most significant injuries from car accidents — including traumatic brain injuries, whiplash, internal bleeding, and soft tissue damage — do not produce immediate symptoms. They can take hours or even days to manifest. Waiting to seek medical attention creates two serious problems: first, it puts your health at risk. Second, insurance companies will use a gap in treatment as evidence that your injuries were not serious or were caused by something other than the accident.
Seek medical evaluation as soon as possible after any collision, even if you feel fine. Document everything, and follow your doctor's recommendations for follow-up care.
Pitfall 3: Not Documenting the Scene
Evidence from the accident scene begins to disappear almost immediately. Skid marks fade. Surveillance footage gets overwritten. Witnesses forget details. If you are physically able, document the scene before you leave.
Take photographs of all vehicles involved, from multiple angles. Photograph the road conditions, traffic signals, any debris, and any visible injuries. Get the contact information of any witnesses. Note the time, weather conditions, and the specific location of the crash. This information can be critical to establishing exactly what happened — and who was at fault.
Pitfall 4: Accepting a Quick Settlement
After a significant accident, an insurance company may offer you a settlement relatively quickly. It may even seem like a reasonable amount. What they are counting on is that you do not yet know the full extent of your injuries — and that you do not have an attorney who does.
Once you sign a settlement agreement and release, your case is closed permanently. If your injuries turn out to be more serious than initially apparent — if that back pain becomes a herniated disc requiring surgery, or if you develop post-concussion symptoms months later — you have no further legal recourse. Never accept a settlement without first consulting with a personal injury attorney who can assess whether the offer reflects the true value of your claim.
Pitfall 5: Waiting Too Long to Contact an Attorney
The DMV area's contributory negligence rules make the legal landscape for accident victims uniquely unforgiving. Evidence fades. Witnesses become harder to locate. And there are strict deadlines — statutes of limitations — that vary across Virginia, Maryland, and D.C. that govern how long you have to file a claim. Missing those deadlines can permanently forfeit your right to compensation.
The sooner you involve an experienced attorney, the better positioned you will be. An attorney can preserve critical evidence, communicate with insurance companies on your behalf, and build the strongest possible case from the very beginning.
Injured in a DMV Area Accident? Call Rowe Weinstein & Sohn.
If you were injured in a car accident in Virginia, Maryland, or Washington, D.C., our top-rated litigators are ready to fight for you. We have recovered millions for accident victims across the region — including an $11.3 million settlement — and we do not get paid unless you win.
Call us today at (888) 482-3882 or contact us online to schedule your free consultation. Do not wait — your case starts now.