5 Common Mistakes People Make After a Car Accident
- leebrotherslegal91
- Jul 1
- 3 min read
Written by a personal injury lawyer who’s seen it all.
Getting into a car accident is shocking 😵💫 — your body is full of adrenaline, your brain is racing, and you’re not thinking straight.
But what you do (or don’t do) in those first minutes, hours, and days can seriously affect your personal injury claim — especially in Queensland, where strict rules apply under the Motor Accident Insurance Act 1994 (Qld).
👉 In this post, we’ll break down the 5 most common mistakes people make after a car accident — and how to avoid them.
🚫 Mistake #1: Not Getting Medical Help Right Away
“I’ll be fine, it’s just a little soreness…” ⚠️ This is the most common (and most dangerous) mistake.
Even if you feel OK, you could have:
Whiplash 😖
Concussion 🤕
Internal injuries 🫀
These often don’t show up until hours or days later.
✅ What to Do Instead:
See a doctor within 24–72 hours
Be specific about your pain
Ask them to record everything in their notes
📣 Why it matters: Medical records are key evidence in your personal injury claim. No record = no compensation.
📸 Mistake #2: Not Taking Photos and Notes
Accidents are chaotic — but if you don’t capture evidence at the scene, you’re giving the insurance company a free pass to deny your claim.
✅ What to Photograph:
🚗 Car damage (all sides)
🧍♂️ Position of vehicles and people
🚦 Road signs and traffic lights
⛅ Weather, skid marks, broken glass
📄 Licence plates + any injuries
Also write down:
Time, date, and location
What happened (in your own words)
Names and contacts of any witnesses 👀
💡 Your personal injury lawyer will thank you later.
🗣️ Mistake #3: Saying Too Much at the Scene
“I’m so sorry… it was probably my fault…” ❌ STOP. That one sentence could wreck your claim.
In the heat of the moment, people often:
Apologise
Admit fault
Downplay their injuries
Say “I’m fine”
But insurers can — and will — use your own words against you.
✅ What to Say Instead:
“Is everyone okay?”
“Let’s exchange details.”
“Let’s wait for police or a doctor.”
📣 Let the facts and evidence do the talking — not your adrenaline-fueled emotions.
📋 Mistake #4: Waiting Too Long to File a Claim
Queensland has strict time limits for personal injury claims:
📆 Step | ⏳ Time Limit |
See a lawyer → Notify insurer | 1 month |
File Notice of Accident Claim Form | 9 months |
Start legal proceedings | 3 years |
😬 If you miss one, you may lose your right to claim.
✅ What to Do:
Report the accident to Policelink if required
Lodge a CTP claim with the at-fault driver’s insurer
Talk to a personal injury lawyer as soon as possible
⚖️ Mistake #5: Not Getting Legal Advice (Early!)
Many people think they can handle it alone... until the insurance company offers way less than they deserve. 😤
Or worse — they sign something they don’t understand.
✅ Why You Should Talk to a Personal Injury Lawyer:
It’s free to get a consult
Most lawyers offer No Win, No Fee
They’ll deal with paperwork + insurers
They help maximise your compensation
💬 In QLD, personal injury lawyers only get paid if you win — so they work hard to get results.
🧠 Quick Summary: Avoid These 5 Mistakes
❌ Mistake | ✅ What To Do |
Skipping medical treatment | See a doctor within 72 hours |
No photos or notes | Take pictures + write it all down |
Admitting fault at the scene | Say less, protect your case |
Delaying your claim | File ASAP + know the time limits |
Skipping legal advice | Get help from a personal injury lawyer |
📞 Need Help After a Car Accident in Queensland?
Let us handle the stress. You focus on healing. 💆♀️💼
🧑⚖️ Free consult with a QLD personal injury lawyer
📍 Offices in Gold Coast