5 Infractions That Can Reduce the Amount You're Awarded in an Auto Accident Lawsuit

Personal injury attorney Mack Babcock instructs Colorado motorists on the legal precedent for how they are expected to respond in the event of a car crash

The seconds and minutes following an auto accident are critical. Being in an accident is a frightening and overwhelming feeling. However, in the chaos that ensues after a crash, it is vital to remember to maintain your composure and ensure that certain procedures don't get overlooked since they can have a huge effect on any monetary compensation you may ultimately be awarded in a lawsuit.

Below are five mistakes that can negatively impact the outcome of your auto accident lawsuit.

1. Not Calling 911

Contacting the police should be one of your first actions in the event of an accident, especially if someone is injured. For minor accidents, people sometimes opt to exchange information. According to the Colorado DMV, if the following conditions are true, you are not required to have a police officer respond to the scene of an accident and can instead file an incident report online:

  • There were no fatalities or injuries involved.
  • The accident was not a hit and run.
  • No public property was damaged.
  • There was no suspicion of any party driving under the influence of alcohol or drugs.

In the event of death, injury or property damage, you will need the details of a police report in order to receive your maximum compensation.

2. Having No Proof of Damage

In order to win an auto accident case, you will need to be able to show a judge and/or jury clear evidence of the crash scene. The best and easiest way to do this is with photographs. Most people have smartphones that come equipped with a decent camera. Not only should you take pictures of your car and any injuries you (and others) have received, but also snap a few shots of the accident scene.

3. Not Seeing a Doctor (or Choosing the Wrong Doctor)

Your insurance company will most likely impose a penalty if you do not seek medical attention as soon as possible following an accident. If you are injured in a crash, head immediately to the nearest ER. If you delay seeking treatment, even by just a couple weeks, it could hurt your case. Insurance companies typically hold the victim responsible if he or she does not get prompt medical attention.

Seek follow-up care if you are not healing well. A lapse or delay in treatment can hurt your case, not to mention your body. Also, make sure that the doctors and medical professionals treating your injury accept medical payments coverage through your auto or health insurer, as not all doctors will accept insurance coverage payments for accident victims.

4. Not Telling Your Insurance Company

Insurance companies generally require that they be immediately notified of an accident in order to provide proper coverage. If you're involved in an accident, notify your insurance company as soon as possible.

5. Waiting to Seek Legal Counsel

If you are injured because of an accident, don't delay in contacting an attorney. Especially if you've never been injured in an accident before, you'll probably have questions. Contacting an attorney quickly ensures that you and your witnesses will not forget important details of the accident. Another benefit of working with an attorney is that you may not have to handle your insurance company – your lawyer will do it for you.

For the best legal representation in Colorado, schedule an appointment with The Babcock Law Firm today. We offer free consultations, so there's no risk – but plenty to gain.

More legal information about auto accidents can be found in our blog and knowledge center.

Continue reading these related articles for more information…


While the Babcock Law Firm tirelessly works to obtain successful outcomes for its clients, prior positive outcomes are no guarantee of future success. Indicating prior positive results is in no way intended to guarantee future results.

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