Mistakes to Avoid After a Car Accident in Las Vegas
The decisions you make after a car accident can significantly affect your health, insurance claim, and ability to recover compensation.
Most injured people do not intentionally damage their claims. They are simply unfamiliar with the insurance process and may not realize that innocent statements, delayed treatment, missing evidence, or a premature settlement can later be used against them.
Insurance adjusters begin investigating accidents quickly. While you are dealing with pain, transportation problems, medical appointments, and missed work, the insurance company may already be looking for ways to dispute fault or reduce the value of your claim.
At Solis Torres Law, we help people injured in Las Vegas car accidents avoid common mistakes and protect their rights from the beginning of the claims process.
Mistake #1: Leaving the Scene Without Calling the Police
Some drivers agree not to call the police because the damage appears minor or the other driver promises to pay personally.
This can create serious problems later.
The other driver may:
Change their version of events
Deny causing the accident
Claim that you left the scene
Refuse to provide accurate insurance information
Argue that the collision never occurred
Minimize the severity of the impact
A police report can help document:
The drivers involved
Vehicle information
Insurance details
Witnesses
Road conditions
Visible damage
Statements made at the scene
Traffic citations
The police officer does not always make the final legal determination of fault, but the report may become important evidence.
Mistake #2: Admitting Fault
Do not apologize or accept responsibility at the scene.
Statements such as the following may later be taken out of context:
“I’m sorry.”
“I didn’t see you.”
“I should have stopped sooner.”
“Maybe I was going too fast.”
“I’m fine.”
People often apologize out of politeness, shock, or concern for others. An insurance company may later present the statement as an admission of legal responsibility.
You may not know all the facts immediately after the crash.
Another driver may have been:
Speeding
Distracted
Driving under the influence
Making an unsafe lane change
Failing to yield
Violating a traffic signal
Limit your conversation to checking for injuries and exchanging necessary information.
Mistake #3: Giving a Recorded Statement to the Other Driver’s Insurer
The at-fault driver’s insurance company may contact you shortly after the collision and ask for a recorded statement.
The adjuster may describe it as a routine part of the process.
However, the adjuster represents the insurance company—not you.
Questions may be phrased in ways that create answers favorable to the insurer.
For example, the adjuster may ask:
“When did you first see the other vehicle?”
You may honestly respond that you saw it only moments before impact.
The insurer may later argue that you were not keeping a proper lookout, even though the other vehicle entered your path so suddenly that the collision could not reasonably have been avoided.
Other questions may focus on:
Your speed
Whether you were distracted
Whether you could have braked sooner
Whether you had any pain at the scene
Prior accidents
Preexisting medical conditions
Whether you were wearing a seat belt
An honest but imprecise answer can be used to dispute liability or injuries.
You are generally not required to give a recorded statement to the other driver’s insurer merely because the adjuster asks.
Different obligations may apply when dealing with your own insurance company, so review your policy and consider speaking with an attorney first.
Mistake #4: Saying You Are “Fine”
Many accident victims tell police officers, drivers, witnesses, or insurance adjusters that they feel fine.
Adrenaline can temporarily mask pain.
Symptoms of some injuries may not become obvious until hours or days later.
Delayed symptoms may include:
Neck pain
Back pain
Headaches
Dizziness
Numbness
Tingling
Shoulder pain
Concussion symptoms
Sleep problems
Difficulty concentrating
It is better to say that you are unsure of your condition and intend to seek medical evaluation.
Mistake #5: Delaying Medical Treatment
Waiting too long to seek medical care can harm both your health and your claim.
The insurance company may argue that:
You were not seriously injured
The accident did not cause your symptoms
Another event caused the condition
You made the injury worse by delaying treatment
Prompt medical evaluation creates a record connecting the accident to your injuries.
Seek immediate care when you experience symptoms such as:
Severe pain
Loss of consciousness
Confusion
Weakness
Numbness
Difficulty breathing
Abdominal pain
Vision changes
Vomiting
Significant swelling
Even when symptoms seem less severe, timely evaluation may still be important.
Mistake #6: Missing Medical Appointments
Once treatment begins, follow the medical provider’s instructions as closely as reasonably possible.
Repeated missed appointments or long treatment gaps may be used to argue that:
Your injuries improved
Treatment was unnecessary
You were not experiencing significant pain
You failed to reduce your damages
If you must miss an appointment, reschedule promptly and document the reason.
Be honest with your providers about your symptoms, limitations, and progress.
Mistake #7: Failing to Photograph the Accident Scene
Physical evidence may disappear quickly.
Vehicles are repaired, debris is removed, skid marks fade, and road conditions change.
When possible, photograph or record:
All involved vehicles
Damage from multiple angles
License plates
Vehicle positions
Skid marks
Debris
Traffic lights
Stop signs
Lane markings
Construction zones
Weather conditions
Visible injuries
Wide photographs can show the entire scene, while close-up photographs document specific damage.
Mistake #8: Failing to Identify Witnesses
Independent witnesses may be extremely valuable when drivers disagree about what happened.
A witness may have seen:
A driver run a red light
An unsafe lane change
Excessive speed
Distracted driving
A failure to yield
The sequence of impacts
Obtain the witness’s:
Name
Telephone number
Email address
Brief description of what they observed
Do not assume that the police report will contain every witness.
Mistake #9: Failing to Look for Video Evidence
Many Las Vegas accidents are captured by:
Dashcams
Business surveillance cameras
Residential security systems
Hotel cameras
Casino cameras
Gas station cameras
Traffic cameras
Video may be overwritten within days or weeks.
Look around the scene for nearby cameras and note the businesses or properties that may have footage.
An attorney can send preservation requests before the recordings disappear.
Mistake #10: Posting About the Accident on Social Media
Insurance companies and defense attorneys may review public social media accounts.
Avoid posting:
Photographs of the accident
Statements about fault
Medical updates
Settlement discussions
Videos of physical activities
Comments about feeling better
Jokes about the crash
Travel or recreational posts that could be misunderstood
Even a harmless photograph may be taken out of context.
A single image does not show the pain you experienced before or after it was taken, but an insurer may still use it to challenge your injuries.
Do not delete existing posts after a claim begins without legal advice, because deleting potentially relevant evidence may create additional problems.
Mistake #11: Exaggerating Your Injuries
Never exaggerate symptoms or limitations.
Credibility is one of the most important parts of a personal injury claim.
Medical records, surveillance, social media, employment records, and prior testimony may be compared against your statements.
Be accurate and consistent.
Describe:
Where you feel pain
How severe it is
What activities make it worse
Which activities you can no longer perform
Whether symptoms are improving
It is also appropriate to tell your provider when you are feeling better.
Mistake #12: Minimizing Your Injuries
Some people do the opposite and minimize their symptoms because they do not want to complain.
Statements such as “it’s not that bad” may later be interpreted as evidence that the injury was minor.
Be truthful and specific.
Explain how the injury affects:
Sleep
Work
Driving
Household responsibilities
Childcare
Exercise
Hobbies
Personal care
Family activities
Mistake #13: Signing a Broad Medical Authorization
The insurance company may ask you to sign a medical authorization.
Some authorizations allow access to years of medical records unrelated to the collision.
The insurer may search for:
Prior back pain
Old injuries
Previous accidents
Mental health treatment
Unrelated medical conditions
You may need to provide relevant medical information, but that does not necessarily mean the insurer should receive unrestricted access to your entire medical history.
Review any authorization carefully before signing it.
Mistake #14: Failing to Disclose Prior Injuries
Do not hide prior accidents or medical conditions from your attorney or healthcare providers.
A preexisting condition does not automatically prevent recovery.
An accident may:
Aggravate an old injury
Reactivate symptoms
Make a stable condition worse
Create a new injury in the same area
The problem arises when prior medical history is concealed and later discovered by the insurer.
Honesty allows your attorney and doctors to distinguish the new injuries from prior conditions.
Mistake #15: Repairing or Disposing of the Vehicle Too Quickly
Vehicle damage may help explain the direction and force of impact.
Before repairs, take detailed photographs and preserve:
Repair estimates
Total-loss reports
Tow records
Storage records
Vehicle inspection reports
Event data recorder information
In serious or disputed cases, an expert may need to inspect the vehicle before it is repaired, sold, or destroyed.
Mistake #16: Accepting a Settlement Too Early
Insurance companies may make quick settlement offers before the full extent of your injuries is known.
The offer may arrive before:
You complete medical treatment
Diagnostic imaging is performed
Surgery is recommended
Lost wages are fully documented
Future medical needs are known
Permanent limitations are evaluated
All insurance policies are identified
Once you sign a release, you generally cannot reopen the claim if your condition worsens.
A quick settlement may seem helpful when medical bills and missed work are creating financial pressure, but the amount may not account for future losses.
Mistake #17: Focusing Only on Medical Bills
A car accident claim may involve more than reimbursement for medical expenses.
Potential damages may include:
Future medical care
Lost wages
Reduced earning ability
Property damage
Pain and suffering
Emotional distress
Scarring
Permanent disability
Loss of enjoyment of life
Household assistance
The value of a claim cannot be determined solely by adding medical bills.
Mistake #18: Ignoring Medical Liens and Reimbursement Claims
Medical providers, health insurers, government benefit programs, or other entities may claim a right to repayment from a settlement.
Potential reimbursement interests may involve:
Health insurance
Medicare
Medicaid
Medical provider liens
Hospital liens
Workers’ compensation
Medical payments coverage
A settlement amount may look substantial before these obligations are addressed.
Before accepting an offer, determine what must be repaid from the recovery.
Mistake #19: Assuming the Other Driver Has Enough Insurance
Nevada’s minimum automobile insurance limits may not be enough to cover serious injuries.
Additional coverage may exist through:
Your uninsured motorist policy
Your underinsured motorist policy
A household member’s policy
An employer’s commercial policy
Rideshare coverage
Delivery-driver coverage
An umbrella policy
Another liable driver
Do not sign a release until every potential source of insurance has been investigated.
Mistake #20: Failing to Notify Your Own Insurance Company
Even when the other driver caused the accident, your own insurer may need prompt notice.
Your policy may provide:
Collision coverage
Rental reimbursement
Medical payments coverage
Uninsured motorist coverage
Underinsured motorist coverage
Failing to provide required notice may create a coverage dispute.
Keep the report factual and avoid unnecessary speculation.
Mistake #21: Assuming the Insurance Adjuster Is on Your Side
An adjuster may be polite, helpful, and sympathetic.
That does not make the adjuster your representative.
The adjuster’s job is to evaluate the claim for the insurance company.
The insurer may attempt to:
Assign partial fault
Minimize the injuries
Challenge medical treatment
Request broad records
Delay the claim
Encourage an early settlement
Obtain damaging statements
Professional courtesy should not be confused with shared interests.
Mistake #22: Cashing a Check Without Understanding It
A payment may be labeled as:
Full and final settlement
Property damage settlement
Bodily injury settlement
Release of all claims
Cashing or depositing a check may have legal consequences depending on the accompanying documents and circumstances.
Review any settlement paperwork carefully.
Make sure you understand whether the payment resolves only property damage or the entire accident claim.
Mistake #23: Failing to Document Lost Income
Lost income requires evidence.
Preserve:
Pay stubs
Tax records
Employer letters
Missed work dates
Commission records
Overtime history
Self-employment records
Medical work restrictions
Self-employed individuals may need additional documentation showing lost projects, reduced revenue, or missed business opportunities.
Mistake #24: Returning to Work Against Medical Advice
Financial pressure may make it difficult to remain out of work.
However, returning too soon may worsen the injury.
It may also allow the insurer to argue that you were capable of working without restriction.
Follow your provider’s recommendations and obtain written work restrictions when appropriate.
Mistake #25: Waiting Too Long to Speak With an Attorney
Not every accident requires legal representation.
However, early legal advice can help prevent avoidable mistakes.
You should strongly consider speaking with an attorney when:
Liability is disputed
You suffered significant injuries
Surgery is recommended
Several vehicles were involved
A commercial vehicle caused the crash
A rideshare or delivery driver was involved
The insurer requests a recorded statement
The insurer denies coverage
You have lost substantial income
The policy limits may be inadequate
A child was injured
A death occurred
An attorney can help preserve evidence, identify coverage, communicate with insurers, and evaluate whether a settlement is reasonable.
What Should You Do After a Las Vegas Car Accident?
When possible:
Stop in a safe location.
Call 911.
Request medical assistance.
Exchange driver and insurance information.
Photograph the vehicles and scene.
Obtain witness contact information.
Avoid admitting fault.
Seek prompt medical evaluation.
Notify your own insurer.
Preserve all records and receipts.
Avoid discussing the accident online.
Speak with an attorney before giving a recorded statement or accepting a settlement.
How Nevada Comparative Negligence Can Affect Your Claim
Nevada follows a modified comparative negligence rule.
You may generally recover compensation as long as you are not more than 50% responsible for the accident.
Your compensation is reduced by your percentage of fault.
For example:
If your damages total $100,000 and you are found 20% responsible, your recovery may be reduced to $80,000.
This is why casual statements can matter.
An insurer that assigns even a small percentage of fault may reduce the amount it offers.
How Long Do You Have to File a Nevada Car Accident Lawsuit?
In many Nevada personal injury cases, a lawsuit must be filed within two years from the date of the injury.
Different deadlines may apply when:
A government entity is involved
A child was injured
The accident caused a death
Another state’s law applies
A specialized claim is involved
Insurance negotiations do not necessarily stop the filing deadline.
Do not wait until the deadline approaches to investigate the accident.
How Solis Torres Law Can Help
At Solis Torres Law, we help car accident victims by:
Investigating the collision
Obtaining police reports
Preserving surveillance and dashcam footage
Interviewing witnesses
Reviewing insurance coverage
Communicating with adjusters
Responding to fault allegations
Collecting medical records and bills
Documenting lost income
Identifying additional policies
Evaluating settlement offers
Negotiating for fair compensation
Filing a lawsuit when necessary
Our goal is to protect your claim while you focus on your recovery.
Contact Solis Torres Law After a Las Vegas Car Accident
If you were injured in a car accident, do not let an innocent mistake give the insurance company an opportunity to reduce or deny your claim.
Before giving a recorded statement, signing a medical authorization, or accepting a settlement, speak with an attorney who can explain your options.
At Solis Torres Law, we represent injured people throughout Las Vegas, North Las Vegas, Henderson, and surrounding Nevada communities.
Call Solis Torres Law at (702) 522-5555 for a free consultation.
You pay no attorney fees unless we recover compensation for you.
Frequently Asked Questions
Should I speak with the other driver’s insurance company?
You may provide basic information, but you should be cautious about giving detailed or recorded statements before speaking with an attorney.
What should I say if the adjuster asks whether I am injured?
Do not speculate or minimize your condition. Explain that you are being evaluated and that some symptoms may develop over time.
Does apologizing mean I caused the accident?
Not necessarily, but an insurer may attempt to use the statement as evidence of fault. Avoid discussing responsibility at the scene.
Should I accept a quick settlement offer?
Not before understanding your injuries, future treatment, lost wages, insurance coverage, medical liens, and the effect of the release.
Can social media hurt my claim?
Yes. Insurers may use photographs, videos, comments, and location information to challenge your injuries or credibility.
What if I had a prior injury?
You may still recover if the accident aggravated or worsened the prior condition. Disclose the medical history honestly.
What if I missed a medical appointment?
Reschedule promptly and document the reason. Repeated gaps in treatment may be used against you.
Do I have to give the insurance company my entire medical history?
Not necessarily. The insurer may be entitled to relevant records, but you should review broad medical authorizations carefully.
Can I handle the claim myself?
Yes, particularly in a minor accident. However, serious injuries, disputed fault, low policy limits, commercial vehicles, or coverage disputes may justify legal representation.
What is the biggest mistake after a car accident?
Accepting a settlement or giving a damaging statement before understanding your injuries, evidence, insurance coverage, and legal rights can significantly affect the claim.
