What Happens If You Lose a Car Accident Lawsuit?

The most important evidence in a car accident lawsuit includes the following: 

1. Fault. You must establish the opposing driver was at fault. Some states allow you to receive compensation even if you’re partly at fault. In these states, your award is diminished proportionally to your percentage of guilt.
2. Negligence. You must prove the opposing driver’s negligence caused the accident.
3. Damages. You must prove you’ve suffered injuries and financial losses as a result of the accident.  

Insurance companies work hard to reassign fault or minimize damages in hopes of reducing compensation, often taking advantage of vulnerable car accident victims who lack experience. They look for innocent mistakes they can use against you. 

Unfortunately, these tactics sometimes pay off for the insurance companies, which is why it’s crucial to avoid mishaps that provide them with ammunition. 

Misrepresenting the Facts 

Insurance companies hire their own experts who can easily discover any misrepresentations or discrepancies. It’s important to fully disclose all the facts to your attorney, even if you think they could work against you. Misrepresentation includes: 

• Lying about the accident     
• Exaggerating your losses
• Minimizing your injuries  

Forensic analysis and medical reports can make the misrepresentations apparent, and this can lose you credibility with the jury.   

Speaking to the Opposing Party 

Every word you speak to the opposing driver, the insurance company, or their attorneys can be used against you. Your words could be misconstrued as an admission of fault or a contradiction of any statements you make.  

Posting Details on Social Media 

Everything you post about the accident on social media will be scrutinized by the insurance company and their attorneys, then used against you if possible. In fact, it’s never a good idea to discuss the case with anyone outside of court except your attorney.    

Additionally, if you suffered injuries after an accident, but you post pictures of yourself on social media engaging in activities that make it seem you aren’t injured or your injury is not very serious, the defense can use those pictures as evidence to try to minimize compensation or avoid paying altogether.  

Failure to Provide Evidence 

You must prove the facts of your case. This will require appropriate documentation, such as: 

• Photographs of the accident and injuries 
• Police reports 
• Documentation of your costs, such as medical bills 
• Statements by doctors to support claims regarding pain and suffering or disability   

You may also need witnesses, such as eyewitnesses and medical experts to support your claim. 

Missing Doctor Appointments 

Doctor visits establish proof that you need ongoing medical care. Missing appointments could prevent you from getting all the documentation you need to prove the extent of your injuries, and it could create the appearance medical care is unnecessary. 

Choosing the Wrong Attorney 

Always choose a competent personal injury attorney with proven experience in both settling and litigating car accident cases.  

Trying to Represent Yourself 

If you represent yourself in a car accident case, you’ll have to face the opposing party’s insurance company and their expensive lawyers by yourself. They’ll likely offer you a low settlement and use crafty legal maneuvers to defeat you if your case goes to trial.