While many drivers do the right thing immediately after a car accident in Tampa, they often do the wrong things in the weeks and months that follow and before settlement. It is essential to keep in mind that things that are done prior to settlement, either through negotiation, mediation, arbitration or litigation can be used against a party in the case.
To help individuals in an accident to avoid these errors after the auto accident and during the settlement phase, here are some critical points to keep in mind.
Do Not Mention the Wreck on Social Media
Do not post pictures, make comments or attempt to engage the other driver or drivers on social media accounts. It is also a good idea to refrain from posting pictures of any type during this time.
A good example of how this can be a factor is if there is a claim for back injuries or soft tissue damage during the accident and the injured party is posting pictures of waterskiing, cycling, running a marathon or even playing with the kids out in the yard.
Comparative Negligence State
Florida is a pure comparative negligence state, which means that any degree of fault in the accident attributed to you will decrease your recovery. For example, if you were found to be 25% at fault for the accident, the most you could recover in damages would be 75% of the claim.
Talking to friends, coworkers, insurance adjusters or anyone else and indicating any level of responsibility for the auto accident before settlement, can be used against you in any type of settlement proceedings.
Failing to Limit Damages
In Tampa, the injured party in an auto accident has the duty to minimize the injury by seeking medical treatment and following all recognized treatment requirements. Failure to attend physical therapy or to agree to standard treatment procedures can result in a decrease in the possible recovery.