Why Saying Sorry Can Jeopardize Your Car Accident Claim
Being involved in an accident can be shocking and confusing. In the aftermath of an accident, it’s natural to want to apologize, even if the accident wasn’t your fault. It’s the same way we say sorry when we accidentally bump into someone in a hallway or step on someone’s foot. However, when it comes to a car accident, saying “I’m sorry” can have serious legal and financial consequences. A simple apology can be misinterpreted as an admission of guilt, affecting your ability to claim compensation. Here’s why you should think twice before saying sorry after an accident.
Admission of Liability
While you may feel concerned for the other party, you need to recognize that an apology, even if meant as a courtesy, could be used as evidence that you bear responsibility. In South Carolina, fault in a car accident determines who is responsible for damages. The state follows a modified comparative negligence rule, meaning if you’re found more than 50% at fault, you lose your right to recover compensation and will be liable to pay the other driver’s damages. Instead of saying sorry, you could say the following:
- “Does anyone need medical assistance?”
- “Should we call the police?”
- “Let’s exchange insurance and contact information.”
As much as these statements may sound mechanical or uncaring, doing so ensures you are not implying guilt.
The Insurance Company May Use an Apology Against You
Insurance companies are in the business of minimizing payouts and will seize any opportunity to reduce or deny your claim. If an adjuster reviews police reports or witness statements and finds out you said “sorry,” they might argue that you admitted fault. This could negatively impact your ability to negotiate a fair settlement, result in your claim being denied, or make it challenging to prove you were not responsible for the accident. If you are ultimately deemed responsible, your insurance premiums may also skyrocket.
Accidents Are Complex
Right after a crash, it can be confusing, and the exact details surrounding the crash may be unclear. While you may think you were responsible, other factors like road hazards, mechanical failures, and other drivers’ actions may have played a role. As such, avoid apologizing and let the insurance adjuster, the police and your attorney work to determine fault. Typically, this is done by reviewing police reports, eyewitness accounts, dashcam or nearby surveillance footage and through accident reconstruction analysis. Jumping to conclusions and apologizing before the facts are clear can be a costly mistake you don’t want to make.
You May Face Legal Action
If your accident results in legal action, anything you say at the scene or the insurance adjuster could be used against you in court. The other party’s attorney may argue that your apology is proof of liability, leading to potential financial losses. Even if you didn’t intend to admit fault, your words could be misinterpreted and used to challenge your claim.
What To Do Instead of Apologizing
To protect your rights after an accident:
- Stay calm and avoid making assumptions about what happened.
- Check for injuries without accepting blame.
- Call the authorities if there’s significant damage or injuries.
- Exchange information with the other driver’s details without unnecessary conversation.
- Contact a lawyer for guidance if you’re unsure about what to say or do.
Contact the Gus Anastopoulo Law Firm
If you’ve been in an accident and need legal advice, contact our Charleston car accident lawyer at Gus Anastopoulo Law Firm today to protect your rights and maximize your compensation.
Source:
scstatehouse.gov/Archives/CodeofLaws2011/t15c038.php#:~:text=SECTION%2015%2D38%2D15,or%20possession%20of%20drugs.
