After a car accident, most people expect the insurance process to work in their favor. Unfortunately, that’s rarely how it goes. Insurance companies are incentivized to reduce what they pay, and if you make even small errors in the days following a crash, it could cost you significantly.
In Virginia, where the contributory negligence rule is still in effect, these missteps can mean losing your right to recover anything at all. That’s why it’s critical to avoid common traps.
At Burnett & Williams, attorneys Kimberly Raab and C. James Williams III have spent decades helping car accident victims protect their rights and recover fair compensation. In this article, they share the five most common mistakes made after a crash—and how to avoid them.
Why Mistakes Matter
Virginia’s contributory negligence law is extremely strict. If you’re found to be even 1% at fault, you could be barred from receiving any compensation for your injuries (Baskett v. Banks, 1970).
Insurance adjusters know this and will look for anything—big or small—to use against you. From what you say at the scene to how you handle your injuries, each decision matters.
Mistake #1: Not Seeking Immediate Medical Attention
Failing to get checked out by a doctor is one of the most common—and damaging—mistakes.
It’s easy to feel fine right after a crash thanks to adrenaline. But serious injuries such as concussions, herniated discs, or internal trauma can take hours or days to surface. If you wait to seek treatment, the insurance company will question the severity and source of your injuries.
Virginia Example: Amanda’s Story
Amanda, a resident of Richmond, declined medical treatment after being sideswiped at an intersection. A week later, she was in severe pain and diagnosed with a herniated disc.
With the help of attorneys Kimberly Raab and C. James Williams III, Amanda was able to present medical evidence that tied her injuries to the accident. However, the delay gave the insurer grounds to reduce her settlement.
Lesson: Always see a doctor immediately after an accident—even if you feel okay.
Mistake #2: Not Calling the Police
Under Code of Virginia §46.2-894, you must report any accident involving injury, death, or significant property damage.
But even beyond the legal requirement, a police report is vital. It documents what happened, who was involved, and often includes preliminary determinations of fault. Without this report, your claim becomes much harder to prove.
Mistake #3: Admitting Fault
After a crash, your first instinct might be to say “I’m sorry” or accept blame out of politeness or confusion. But these statements can be taken as admissions of fault, which under Virginia’s contributory negligence law, could eliminate your right to compensation.
Be respectful and cooperative, but stick to the facts. Let the investigation determine who was responsible.
Mistake #4: Not Gathering Evidence
Evidence disappears quickly. Cars get towed. Witnesses leave. Skid marks fade. The more you can document at the scene, the stronger your claim will be.
If it’s safe and you’re physically able:
- Take photos of all vehicles, license plates, and street signs
- Photograph your injuries and road conditions
- Collect names and contact information from witnesses
At Burnett & Williams, we enhance this with expert investigations—but on-the-spot documentation can be a game-changer.
Mistake #5: Talking to the Insurance Company Without a Lawyer
Insurance adjusters may reach out quickly after a crash. They may seem sympathetic, but their job is to protect the company’s bottom line—not your well-being.
They might:
- Ask misleading questions
- Request a recorded statement
- Offer a lowball settlement quickly
Anything you say could be used to undermine your claim. Before speaking to the insurer, consult a qualified attorney.
Why These Mistakes Are So Common
Accidents are traumatic. You’re in pain, worried about medical bills, and trying to move forward. In that state, it’s easy to make decisions that seem harmless—but can have serious legal consequences.
This is why reaching out to a law firm like Burnett & Williams early on is so important. You don’t need to navigate this alone.
How Burnett & Williams Can Help
For over three decades, Burnett & Williams has represented Virginia residents injured in car accidents. They’ve helped countless clients correct early mistakes—and avoid them altogether.
When you work with their team, you gain:
- Guidance on proper medical documentation
- Support gathering and preserving vital evidence
- Protection from aggressive insurance tactics
- Strong legal advocacy to secure maximum compensation
Example Case: Tanya’s Story
Tanya, from Hopewell, was T-boned at an intersection. In the chaos, she didn’t call the police or collect any evidence. The other driver later claimed Tanya had run a red light.
When she turned to Burnett & Williams, attorneys Kimberly Raab and C. James Williams III sprang into action. They located surveillance footage from a nearby business that clearly showed Tanya had the green light. With this evidence, they secured a settlement—despite the initial gaps in her case.
Meet the Attorneys Who Protect Your Rights
Kimberly Raab
Kimberly Raab is a seasoned personal injury attorney known for her client-focused, detail-oriented approach. She works closely with victims to ensure every aspect of their case is properly documented and legally sound. Kimberly understands how easy it is to make small missteps after an accident—and how to fix them before they become costly.
Her ability to explain legal issues in simple terms and provide compassionate guidance makes her an indispensable ally for clients recovering from trauma.
C. James Williams III
- James Williams III has built a reputation as a powerful litigator and strategic thinker. With decades of experience in Virginia personal injury law, James knows exactly how insurance companies operate—and how to fight back.
Whether negotiating complex settlements or litigating in court, James brings clarity, strength, and unwavering commitment to every client’s case. His skill in gathering overlooked evidence and dismantling the opposition’s arguments has won significant outcomes for clients across Virginia.
Final Thoughts
Mistakes after a car accident are common—but they can be incredibly costly under Virginia’s unforgiving contributory negligence laws. The best way to avoid or recover from those mistakes is to work with experienced professionals. At Burnett & Williams, attorneys Kimberly Raab and C. James Williams III are ready to guide you, protect your rights, and secure the compensation you deserve. Local offices available in Richmond, Hopewell, and Chesterfield.
📞 Call 804-794-0080 or visit burnettwilliams.com to schedule your free consultation today.
FAQs About Car Accident Mistakes
Q: I apologized at the scene. Does that hurt my case?
Possibly. But don’t panic. Let your attorney review all evidence and communications before drawing conclusions.
Q: I waited two weeks before seeing a doctor. Can I still file a claim?
Yes, but the insurance company may use the delay against you. A skilled attorney can connect your symptoms to the accident using expert medical opinions.
Q: It’s been several days. Is it too late to gather evidence?
Not necessarily. Our team can still obtain traffic camera footage, witness statements, and vehicle data if you act quickly.
