The human body’s response to trauma can be deceptive. If you tell a police officer, an EMT or the other driver you are unhurt following a collision, the at-fault driver’s insurance company will likely reference this statement repeatedly if you later seek compensation for delayed injuries. Their reasons are often not in your best interests.
Your words against you
Your body produces a surge of adrenaline during traumatic events, which explains why you may genuinely overestimate your wellness after a car accident. Still, insurance adjusters will use “I’m okay,” “I’m not hurt” and similar statements to:
- Question the connection between the accident and your injuries
- Suggest you are exaggerating your symptoms
- Reduce settlement offers based on “inconsistent” statements
- Create doubt about your credibility with jurors if your case goes to trial
- Push for quick, low-value settlements before you fully understand your injuries
While Georgia courts recognize that some injuries take time to manifest, this does not stop insurance companies from highlighting the discrepancy between your initial assessment and your subsequent medical complaints. Their top priority is to protect their bottom line, not provide compensation for your medical expenses and lost wages.
Proving causation is crucial
When pursuing a personal injury claim, you must legally prove the at-fault driver’s negligence directly caused your injuries. This legal element is called causation. You need to establish that your medical condition is a result of the collision and not something else.
Because Georgia uses a modified comparative negligence rule, you cannot recover any damages at all if the court finds your own negligence to be 50% or more. Any statement you make that minimizes the link between the crash and your injuries, such as saying you “feel fine” at the scene, can be seized upon by the defense.
Protect your rights to compensation
Delayed-onset injuries are common. Whiplash typically causes neck pain and stiffness that worsens 24-48 hours after impact. Traumatic brain injuries might not show obvious symptoms until swelling increases in the days following an accident.
Medical experts routinely testify about the delayed nature of many accident-related injuries, which is why immediate medical evaluation remains crucial even when you feel no pain.
Remember, taking the appropriate steps after a car accident helps protect your claim if an at-fault driver’s insurance company attempts to undervalue your suffering.
