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10 Big Mistakes to Avoid After a Car Accident

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 12, 2026

Read Time: 5 mins

Your actions after a car accident can make a significant difference in your health and your ability to receive a settlement if another party was liable for the crash. A New York and New Jersey car accident lawyer at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. will negotiate with the insurance company so you may receive the compensation you deserve.

1. Not Calling the Police

Calling the police after a car accident is imperative. It is the law if anyone was injured or if there is more than $500 in property damage. In an accident in which no one appears hurt and there is minor vehicle damage, the at-fault driver may try to persuade you not to report the collision to the police. Do not do this. Even though it may appear no one was injured, not all injuries are apparent right away. Failure to report the accident means you cannot seek compensation should you develop symptoms or if the impact affected your car more than you thought.

2. Failing to Seek Medical Attention

Always seek prompt medical attention after a car accident. While seriously injured people should go via ambulance to the nearest emergency room, those who do not think they were hurt should still go to an urgent care center. As noted, not all injuries appear immediately. The adrenaline rush after a traumatic experience can mask severe pain. Not having a medical examination poses a risk to your health and can exacerbate an injury. Also, it is almost impossible to pursue a claim if the victim did not receive medical attention within a reasonable time.

3. Admitting Guilt

When questioned by the police, do not admit guilt, even if you think you were at fault. You must give the police an honest version of events, but that does not equate to saying you were responsible. An investigation may reveal another potential cause of the crash, such as the mechanical failure of the other driver’s vehicle.

4. Not Reporting the Accident to Your Insurer

Report the accident to your insurer as soon as possible. That is a requirement of your insurance contract. However, do not agree to a settlement or give a recorded statement until you have spoken to a car accident lawyer.

5. Never Leave the Scene

Never leave the scene of an accident. It is against the law and can result in fines and jail time. The only exceptions involve driving yourself or another injured person to the hospital for treatment.

6. Failure to Collect Evidence

Unless you are badly injured, try to collect as much evidence as possible at the scene. Take photos and videos of the crash site, the vehicles involved, your injuries, and the road conditions. Get the name and address, contact information, and insurance and driver’s license information from the other driver. If there are eyewitnesses, get their names, addresses, and contact information, too. Write down what you remember of the accident immediately, while it is fresh in your mind.

7. Posting on Social Media

Posting details of life events on social media is second nature for many people. However, do not post anything regarding your accident, even to assure people you are fine. Insurance company employees scour social media searching for evidence that plaintiffs are not injured as badly as they allege. The ban on social media includes posting any photos of yourself participating in activities that an injured person should not do. That includes posts in which you are carrying young children or large packages.

8. Waiting Too Long

After an accident, you have a limited amount of time in which to pursue a personal injury lawsuit if you were seriously injured. In New Jersey, the statute of limitations for filing a personal injury lawsuit is two years. In New York, the statute of limitations is three years. However, it is vital to contact an attorney as soon as possible. Waiting too long can mean critical evidence vanishes, and proving your claim becomes much more challenging.

9. Accepting the First Settlement Offer

Keep in mind that your insurance company is looking to settle a claim for as little as possible, as quickly as possible. The insurer’s first settlement offer is almost certainly too low. Once you accept it, there is no going back. If it turns out your injuries are more serious than you thought, you must pay for additional medical expenses and lost wages out of pocket.

10. Don’t Negotiate with the Insurance Company without a Lawyer

When the insurance company sees you have a lawyer fighting for your rights, they know they must make a reasonable settlement offer.

Contact Us for a Free Consultation

If you or a loved one were seriously injured due to the negligence of another party, contact the experienced personal injury lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. P. C. Schedule a free consultation by calling or texting 24/7 or submitting our online form.

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   LWelsh 
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 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 21 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 85 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 88 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 94 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 100 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 123 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 136 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 143 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 146 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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10 Big Mistakes to Avoid After a Car Accident

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