December is one of the worst months for car accidents. Between holiday travel, bad weather, shorter daylight hours, and distracted drivers, crashes spike across North and South Carolina this time of year. Unfortunately, many people unintentionally damage their own injury claim in the hours and days after a wreck often before they even realize they’re hurt. What you do (or don’t do) in the first 24–48 hours after a car accident can make or break your case. Below are the most common mistakes we see and why they matter so much in North Carolina.
1. Saying “I’m Fine” at the Scene
After a crash, adrenaline is high. You’re shaken, stressed, and just want the situation to be over. Many people tell police officers, the other driver, or witnesses that they’re “fine.”
The problem?
That statement can later be used against you.
In North Carolina, insurance companies often argue that if you said you weren’t hurt at the scene, your injuries must not be serious—or must have come from something else later.
Even if you feel okay, it’s better to say something like:
“I’m not sure yet—I want to get checked out.”
2. Not Getting Medical Care Right Away
Delaying medical treatment is one of the biggest mistakes after a crash. Some injuries—like whiplash, concussions, soft tissue injuries, and back problems—don’t show symptoms immediately. Waiting days or weeks to see a doctor gives insurance companies an easy argument:
“If you were really hurt, you would have gone sooner.”
In North Carolina, gaps in medical care can seriously weaken your claim and reduce the value of your case. South Carolina law is generally more forgiving when it comes to contributory fault and delayed care, but delays can still hurt your credibility and settlement value there too.
Bottom line: get checked out as soon as possible—even if you think it’s “just soreness.”
3. Talking to the Insurance Company Too Soon
Insurance adjusters often call quickly and sound friendly. They may say they just want a “recorded statement” to move things along.
What they’re really doing is:
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Locking you into a version of events
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Looking for inconsistencies
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Getting statements they can later use to deny or minimize your claim
In North Carolina, this is especially dangerous because of the state’s strict contributory negligence rule. If the insurer can argue you were even 1% at fault, they may try to deny your claim entirely. Before giving any statement, it’s smart to understand your rights—and your risks.
4. Posting About the Crash on Social Media
This one surprises people. Posting photos, updates, or even jokes about your accident can be taken out of context and used against you. We’ve seen cases where:
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A smiling photo is used to argue someone isn’t really hurt
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A casual comment is twisted into an admission
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A location tag contradicts medical restrictions
Once something is online, you lose control over how it’s used.
Best advice?
Stay off social media until your claim is resolved.
Insurance companies don’t wait—and neither should you.
In those first two days after a crash:
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Evidence is freshest
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Medical records are being created
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Statements are being documented
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Fault is being assessed
Mistakes made early are often the hardest to fix later. If you’ve been in a car accident—especially during the busy holiday season—what you do next matters more than most people realize.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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